Last updated: February 4, 2024
1. Introduction, Acceptance, Definitions, and Modifications
The Website is owned and operated by Medisca Inc., a United States of America corporation based in New York. Where the present TOU refer to “Medisca” they may refer to Medisca Inc. and/or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Medisca and / or its Representatives. In these TOU, a Website visitor or user may be referred to as “you” or “your”.
Medisca reserves the right, at any time and without prior notice, to modify or replace any part of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Medisca, we will use commercially reasonable efforts to notify you by posting a prominent notice when you arrive at the Website for the first time following those changes. You can always identify the most recent version of the TOU by the date at the top of this page.
2. Contacting Us
If you have any questions about the TOU, please contact us .
3. General Code of Conduct for Use of the Website
In addition to any other specific rules found elsewhere in these TOU, you agree that by visiting and/or using the Website, you will:
Not use the Website in any manner that in any way violates these TOU or any other applicable policy posted on the Website by Medisca (including any policies on the Terms and Policies page;
Not use the Website in any manner that violates any intellectual property rights of Medisca or any third party;
Not use the Website in any manner to propagate spam, including, but not limited to, unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form, whether belonging to Medisca or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal information or not) of Medisca, other Website users/visitors or any other third party;
Not: (1) take any action that imposes or may impose (as determined by Medisca in its sole discretion) an unreasonable or disproportionately large load on Medisca’s (or its third party providers’) infrastructures; (2) interfere, or attempt to interfere, with the proper functioning of the Website or any activities conducted on or via the Website; (3) bypass any measures Medisca may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Website;
Not interfere with any third party’s use or enjoyment of the Website;
Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, abusive, illegal, fraudulent or harmful to any third party;
Not attempt to do any of the foregoing prohibitions;
Use the Website in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
4. Proprietary Rights
a. Intellectual Property Rights
You acknowledge that: (i) the Website contains proprietary information that is protected by applicable intellectual property and other laws; and (ii) Medisca, its Representatives and/or third parties (via license or otherwise) own all rights, title and interest in and to the Website and content that may be presented or accessed through the Website, including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Medisca and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to: (i) copy, sell, resell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website, or content that may be presented or accessed through the Website for any purpose, unless otherwise permitted by these TOU or the functionalities of the Website; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality of the Website; (iii) “frame” or “mirror” the Website or the content of the Website on any other server or internet-enabled device; or (iv) remove, obscure, or alter Medisca’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.
The content, arrangement and layout of the Website, including, but not limited to, its trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Medisca, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Medisca, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, Computer Code, images, logos, videos, audio or trademarks found on the Website or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Medisca may take action accordingly.
b. Submitted Information
If you choose to communicate to Medisca (via any means) suggestions for improvements to the Website or any idea or proposal related to Medisca or its businesses or services (collectively, “Feedback”), Medisca shall own all rights, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all rights, title and interest in and to the Feedback to Medisca and waive in favor of Medisca, its successors and assigns all of your moral rights in and to the Feedback and agree to provide Medisca such assistance as Medisca may require to document, perfect, and maintain Medisca’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Medisca, you are not entitled to any compensation or reimbursement of any kind from Medisca under any circumstances.
5. External Links
In no way will Medisca be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary, resulting from, caused by or in connection with: (1) your use of websites or other services that may be linked to from the Website or the information thereon; (2) any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) the actions of the operators of any such website or service.
6. Interruption of Service
From time to time, the Website (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavor to make this unavailability as brief as possible, Medisca and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website and disclaims any responsibility thereto.
7. Termination of these TOU and/or the Website or Your Access to the Website
Medisca may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that Medisca and its Representatives shall not be liable to you or to any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from Medisca’s termination of the Website or any part thereof.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and Medisca. All provisions of these TOU which, by their nature should survive termination of these TOU, shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by Medisca or by third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom, is at your sole risk. The Website, or any materials (including third party materials) downloaded or accessed therefrom, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage or loss of data that results from the download, stream or access of any material (including third party material) obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from your use of the Website, the information thereon, any materials (including third party materials) downloaded therefrom, or any activity arising from your use of the Website.
The information or resources provided through the Website, written or produced by Medisca staff, freelance writers or other subcontractors hired by Medisca, are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Medisca and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on or with respect to the Website or the information thereon, or your reliance on such information (whether the information is correct or not).
Medisca expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. Medisca, its affiliates and their respective Representatives, do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by Medisca or third parties) available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website, or any content downloaded from the Website, will meet your requirements or expectations.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Website, or any other website to which we link, and all operations on the Website, are warranted only to the minimum amount legally required.
9. Limitation of Liability
In no case will Medisca or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive or other damages or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Website; or (ii) the interruption, suspension or termination of any part of or all of the Website; and in both cases (i) and (ii), regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Website exceed $100.
You expressly understand and agree that Medisca or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under any applicable legal or equitable theory, relating to the Website, the information on the Website, your use of the Website, activities arising from your use of the Website, any third party materials on the Website or any materials downloaded from the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Medisca or its Representatives, any interruption, defect or delay in operation or transmission, including communication line failure, any computer virus, and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
You acknowledge that your submission of any content on the Website (including personal information) is at your own risk. Medisca does not assume any liability to you with regard to any loss or liability relating to such content in any way.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
11. Governing Law and Applicable Jurisdiction
These TOU shall be governed by and construed in accordance with the laws of the State of New York, United States of America, excluding any rules of private international law or conflict of laws which would lead to the application of any other laws. Regardless of where you access or use the Website, you agree that any action at law or in equity arising out of or relating to the TOU shall be filed and adjudicated only in the federal or state courts located in the State of New York, United States of America, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the TOU. Notwithstanding the foregoing, we shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by a New York court will, or may, not be enforced by the jurisdiction in which you reside or are located; or (iii) to enforce a judgment obtained against you in a New York court.
12. Miscellaneous Provisions
- Medisca shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Medisca’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
- The failure of Medisca to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Medisca.