Medical Web Times, MedicalWebTimes.com, and Vital Element, Inc. all referenced herein as "site" "website" "us" "we" "our" "Medical Web Times".
"You" the "User" of this website is referenced herein as just that, "You" the "User".
Please read this User Agreement before using this site. By continuing to use MedicalWebTimes.com, you agree to abide by the conditions of this agreement.
What is Medical Web Times?
The purpose of this site is to aggregate/curate medical news headlines from trusted sources around the Internet. This is done for entertainment purposes and to give awareness and access to the many medical news headlines that are continuously being published on the Internet.
Medical Web Times is a fast ongoing re-cast of medical news headlines and a medical search engine that ONLY returns (organic) search results from a predetermined list of medical websites.
In our fast paced unfiltered online content consumption lives, medical professionals and consumers alike need to have a great filter and a fast way to consume their medical content. We've provided just that. Curated/aggregated medical headlines and curated medical search using the power of Google's custom search engine. Combining the latest concentration of easy to read medical headlines with what we consider as the best in filtered medical search, you can consume with speed, confidence, and enjoyment.
Disclaimer and Indemnification
"MEDICAL WEB TIMES", Vital Element, Inc. provides unmonitored links to other sites ONLY for convenience and entertainment. We are not and are never responsible for monitoring the links, destination sites, their content, or the RSS feed content displayed. A link and RSS feed information displayed does not constitute approval or an endorsement of the source of the Linked Site or its content, quality, legality, reliability or any other characteristic or feature of the Linked Site or its published RSS feed and information that feed contains. Vital Element is not responsible in any manner (including, without limitation, with respect to any loss or injury you suffer) for any matter associated with a Linked Site or the data supplied via its RSS feed. MEDICAL WEB TIMES, VITAL ELEMENT INC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE AND RSS FEED CONTENT DISPLAYED. YOUR USE OF THIS SITE, YOUR READING OF ITS CONTENT, YOUR READING OF RSS FEED CONTENT, AND ANY LINKED SITE IS ENGAGED SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any Linked Site may be subject to terms and conditions and privacy policies applicable to that Linked Site. Vital Element cannot ensure that all external links are active or appropriate.
You agree that we are not liable for any content that is provided or posted via us or RSS. We have no duty to pre-screen content or the content of others, but we have the right to remove or edit content. You understand and acknowledge that by using this site, you may be exposed to content that may be offensive, indecent or objectionable.
You, the user of this site, agrees to indemnify and hold harmless Medical Web Times (Vital Element, Inc.) of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to this site, any linked sites, RSS feed information, and any and all circumstances related, even remotely related, to your use of this site.
We may remove any content for any reason, but we are not responsible for any failure or delay in removing any content. This site and its owners do not claim ownership of the content displayed from various RSS feeds.
Use of this site is subject to the usage rules set by us and/or content providers who provide content to Medical Web Times (Vital Element, Inc.) or those who offer content via RSS feed. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the site, in whole or in part, is strictly prohibited.
By using this site, you also agree to the following important terms and conditions, which are included in and made a part of these Terms of Service/Use.
1.1 This User Agreement (the “Agreement”) constitutes the agreement between MedicalWebTimes.com (the “Website”) and its owner, Vital Element, Inc. (collectively "Medical Web Times") and you as a user who accesses or establishes a connection to our website (the "website"). "You," "your," or "user” means an adult user of this website (or adult parent or guardian of any minor allowed to access the website, for whom the parent will be held strictly responsible).
1.2 You agree to abide by all of the provisions in this Agreement in order to remain a user of the website, and your use of the website constitutes your binding agreement to abide by these provisions. IF YOU DO NOT AGREE TO COMPLY WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.
1.3 Medical Web Times reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Medical Web Times will make the current Agreement available as a link from its homepage. The Agreement in effect at the time of your use of the website shall govern your use and your use of the website after the effective date of any changes to this Agreement will be deemed your acceptance of the changes. IF YOU DO NOT WISH TO BE BOUND BY A CHANGE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.
1.4 Medical Web Times reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, tool, or feature that is a part of the website. Medical Web Times further reserves the right, in its sole discretion, to restrict the use of the website as well as suspend or revoke your rights to use the website based on Medical Web Times' belief that your use of the website violates that which is permitted by this Agreement or applicable law.
1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
THIS SITE IS NOT TO BE USED FOR MEDICAL ADVICE AND IS NOT TO BE USED AS A SUBSTITUTE FOR THE ADVISE OF YOUR PHYSICIAN. THIS SITE IS FOR ENTERTAINMENT PURPOSES ONLY.
3. Intellectual Property Rights; DMCA Notice; Linking
3.1 The website, original Medical Web Times content (such as article summaries), and tools provided by Medical Web Times on the website are protected by applicable intellectual property and proprietary rights laws and are owned, controlled, and/or licensed by Medical Web Times. All publication trademarks appearing on the website are the property of their respective owners. Their display on the Website does not signify authorship or approval of article summaries, and serve only to identify the source of the articles linked to from the Medical Web Times website.
3.2 Digital Millennium Copyright Act ("DMCA") Notice
Medical Web Times owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the website that are provided by third parties. It is our policy not to permit materials known by us to be infringing to remain on this site. You should notify us promptly if you believe any materials on the website infringe a third-party copyright. (Please bear in mind that Medical Web Times displays RSS feed content available on third-party RSS feeds and links users to such websites to view the full articles. Thus, rights requests relating to full articles should be directed to the owner of the website where the full article is displayed.) Upon receipt of a proper notice of claimed infringement under the DMCA, Medical Web Times will respond promptly to remove, or disable access to the material claimed to be infringing that is in our direct control, or will provide you with information on how to contact a third-party content provider to notify them of the copyright infringement. Please send all notices to Vital Element, Inc. 11205 Adora Ct, Fort Myers Florida 33912, Attn.: Legal/Rights. telephone: 888-566-4431, fax: 888-566-4431 or use the online contact form on www.vitalelement.com.
3.3 If you operate a website and wish to link to the website or a news post, feel free to link to the home page or page of interest. Sharing tools are also available throughout the website.
4. Third-Party Content
While the Website contains links to the websites of other companies and parties, Medical Web Times has no control over those websites. Medical Web Times is not responsible or nor shall it be liable for any content, advertising, products, services or other materials on or available from those websites. Medical Web Times does not guarantee that it will not include or link to unintended or objectionable content. Medical Web Times is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
5. Use of the website
5.1 You may view the content and use the website pursuant to this Agreement and only for your personal, non-commercial use. You may print content from the website solely for your personal use. You may not download electronic copies of our content for any purpose other than those permitted by Fair Use or otherwise by law. You shall make no other use of the content without the express written permission of Medical Web Times (Vital Element, Inc.). You will not modify, publish, distribute, transmit, participate in the transfer or sale, translate, create derivative works, or in any way exploit other than as set forth herein, any of the content, tools or technology (including software code), in whole or in part, found on the website. Further, you shall not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the website that would create any electronic database or archive containing such content. You shall not make any changes to any content that you are permitted to use under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" or "iFrame" any of the content, tools or technology on the website without the express written permission of Medical Web Times. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the website and any of the content found on the website not granted to you under this Agreement are expressly reserved to Medical Web Times.
5.2 You shall not employ any automated tools, including "crawlers," "bots" or "spiders," which programmatically access and extract content in order to repurpose or resell the website content and tools, nor may you "scrape" and/or reformat any information off the services HTML pages or XML interface, including meta tags, results pages, abstracts, and documents except as permitted by our FAQs without the express written permission of Medical Web Times.
5.3 Medical Web Times tries but does not guarantee or support the assurance of a good user experience. Given the technical nature of web browsers and similar software, we are unable to provide assistance if you use such software.
6. User Activities and Privacy of User Information on the Website
6.1 You will use the website and any tools, content, material, or information found on the website solely for lawful purposes. You shall not upload to, distribute to or through, or otherwise disseminate through the website any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any privacy or other rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
6.2 You warrant that any material or information that you make available through the website, including, for example, in descriptive text associated with content that you create, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the website. You will be solely responsible for the content of any material or information that you make available through the website. You will also be liable for any damage resulting from your making any material or information available through the website.
6.3 Except as set forth below, by making any material or information available through the website, you automatically grant to Medical Web Times a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the website, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal use.
6.4 Medical Web Times has no obligation to, and does not and cannot, review every item of material or information that you and users other than you make available through the website, and Medical Web Times is not responsible for any content of this material or information. However, Medical Web Times reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any privacy or other rights of any person or entity. Further, Medical Web Times reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
7. Disclaimer of Warranties & Limitation of Liability
7.1 YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER MEDICAL WEB TIMES NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE WEBSITE, ANY MERCHANDISE OR WEBSITE PROVIDED THROUGH THE WEBSITE, OR ANY LINKS TO OTHER SITES OR WEBSITE MADE AVAILABLE ON THE WEBSITE.
7.2 THE WEBSITE, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL MEDICAL WEB TIMES (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE WEBSITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MEDICAL WEB TIMES (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF MEDICAL WEB TIMES (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)) TO YOU EXCEED THE AMOUNT OF $0 FOR ANY CLAIM OF INJURY OR DAMAGE.
The information on this web site does not constitute medical advice or endorsement of a particular supplier or vendor. Listing of a physician, entity or service on this site is not a warranty by Vital Element of the quality or efficacy of care, products or services furnished by that physician, entity or service. You expressly agree that use of this Web site is at your sole risk. Neither Vital Element, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Vital Element does not warrant reliability of any statement or other information displayed or distributed through the site. Vital Element reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Vital Element may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. VITAL ELEMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VITAL ELEMENT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
Without limiting the above, Vital Element assumes no liability for the following:
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Medical Web Times (and any of its parents, subsidiaries, affiliates, directors, officers, employees, agents, distributors, third-party providers, and licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the website or your breach of any provision of this Agreement. Medical Web Times reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
9. Third-Party Content, Third-Party Providers, Advertising and Links
The website include a number of third-party providers (each a "Third-Party") for content, technology, search results, and other features, including the opportunity for users of the website to purchase goods or services from third parties. Medical Web Times makes no warranty concerning content, technology, goods or services provided by Third-Party providers.
YOU AGREE THAT ANY RECOURSE FOR DISSATISFACTION OR PROBLEMS WITH THOSE GOODS OR SERVICES WILL BE SOUGHT FROM THE THIRD PARTY PROVIDER DIRECTLY, NOT FROM MEDICAL WEB TIMES, AND THAT YOUR SOLE REMEDY AGAINST MEDICAL WEB TIMES SHALL BE TO DISCONTINUE YOUR USE OF THE WEBSITE.
10. Site Security
You may not violate or attempt to violate the security of the Service, including by, without limitation (a) accessing data not intended for you or logging into a server or account with you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with website to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, conducting "denial of website attacks", "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service. Violations of system or network security may result in civil or criminal liability. Medical Web Times will investigate occurrences which may violate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
11. Contacting Us
If you have inquiries about this site, please inquire at our corporate website's contact page.
Medical Web Times may terminate this Agreement and your use of the website, or discontinue the website, at any time. Medical Web Times shall have the right immediately upon notice to you to terminate your use of the website in the event of any conduct by you which Medical Web Times, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
13. Law Governing Performance and Disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of FLORIDA, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Florida in Collier and Lee County and the United States District Court for the Southwest District of FLORIDA in any and all actions, disputes, or controversies relating to this Agreement.
14. General Terms
This Agreement, together with and any policies and rules posted on the website by Medical Web Times (Vital Element, Inc.), constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either Medical Web Times (Vital Element, Inc.) or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of Medical Web Times (Vital Element, Inc.) and its successors, trustees, and assigns. Medical Web Times (Vital Element, Inc.) may assign this Agreement, or any of its rights or obligations under this Agreement without notice to you. Any such assignment by Medical Web Times (Vital Element, Inc.) does not relieve you of your obligations under this Agreement.
Medical Web Times was created to help us here at Vital Element keep up with the barrage of medical news on the Internet. Vital Element, Inc. is a medical web development firm that straddles the medical industry and web publishing. Primarily providing websites for doctors, Vital Element, Inc. has been a leader in providing structure, consulting, and web based IT services to the medical industry for almost two decades. In that time we've been proud to be a trusted source for building web-based assets for the medical industry.
If you have inquiries about this site or our medical website design services, please inquire at our corporate website's contact page.