MedScan Terms of Service
Last Updated: July 27, 2021
What’s in these terms?
This index is designed to help you understand some of the key updates we’ve made to our Terms of Service (Terms). We hope this serves as a useful guide, but please ensure you read the Terms in full.
Welcome to MedSec!
This section outlines our relationship with you. It includes a description of the Service, defines our Agreement, and names your service provider.
Who May Use the Service?
This section sets out certain requirements for use of the Service and defines categories of users.
Your Use of the Service
This section explains your rights to use the Service, and the conditions that apply to your use of the Service. It also explains how we may make changes to the Service.
Your Content and Conduct
This section applies to users who provide Content to the Service. It defines the scope of the permissions that you grant by uploading your Content and includes your agreement not to upload anything that infringes on anyone else’s rights.
Account Suspension and Termination
This section explains how you and MedSec may terminate this relationship.
About Software in the Service
This section includes details about software on the Service.
Other Legal Terms
This section includes our service commitment to you. It also explains that there are some things we will not be responsible for.
About this Agreement
This section includes some further important details about our contract, including what to expect if we need to make changes to these Terms; or which law applies to them.
Terms of Service
Thank you for using the MedSec platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
The Service allows you to request, contribute, analyze, and synthesize information, and acts as a distribution platform for the resulting analysis.
Your Service Provider
The entity providing the Service is MedSec LLC, a company operating under the laws of Delaware, located at 429 Lenox Ave. Suite 415 Miami Beach, FL 33139 (referred to as “MedSec”, “we”, “us”, or “our”). References to MedSec’s “Affiliates” in these terms means the other companies within the MedSec LLC. corporate group (now or in the future).
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
You must be at least 18 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, MedSec or a third-party (collectively, "Content”).
MedSec is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the law, you can report it to us at email@example.com.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law.
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from MedSec and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with MedSec’s robots.txt file; or (b) with MedSec’s prior written permission;
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase content views or otherwise manipulate metrics in any manner;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or MedSec.
Changes to the Service
MedSec is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
Your Content and Conduct
If you have a MedSec account, you may be able to upload Content to the Service. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
We require you to grant certain rights to MedSec and other users of the Service, as described below.
License to MedSec
By providing Content to the Service, you grant to MedSec a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and MedSec’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you request removal of your submitted Content from the Service. You understand and agree, however, that MedSec may retain, but not display, distribute, or perform, server copies of your Content that has been removed or deleted.
Removing Your Content
You may remove your submitted Content from the Service by request. You must request removal your submitted Content if you no longer have the rights required by these terms.
Removal of Content By MedSec
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to MedSec, our users, or third parties, we may remove or take down that Content in our discretion.
If you believe copyright has been infringed on the Service, please notify us at firstname.lastname@example.org. MedSec's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time. Notify email@example.com to delete the Service from your MedSec Account if you need assistance, which will involve closing your MedSec account.
Terminations and Suspensions by MedSec for Cause
MedSec may suspend or terminate your access, your MedSec account, or your MedSec account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, MedSec or our Affiliates.
Terminations by MedSec for Service Changes
MedSec may terminate your access, or your MedSec account’s access to all or part of the Service if MedSec believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
Effect of Account Suspension or Termination
If your MedSec account is terminated or your MedSec account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your MedSec account has been terminated in error, you can notify firstname.lastname@example.org to appeal.
About Software in the Service
When the Service requires or includes downloadable software, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, MedSec gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by MedSec as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by MedSec, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have MedSec’s written permission.
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal Terms
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND MEDSEC DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, MEDSEC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR MEDSEC, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
MEDSEC AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT MEDSEC HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO MEDSEC, OF THE CLAIM; AND (B) USD $500.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MedSec, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. MedSec will provide notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
All claims arising out of or relating to these terms or the Service will be governed by Florida law and will be litigated exclusively in the federal or state courts of Miami Dade County, Florida, USA. You and MedSec consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND MEDSEC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.