MedEdQR LLC (“us”, “we”, or “our”) operates the https://www.mededqr.com, the https://www.mededqr.biz and the https://www.mededqr.net websites (hereinafter referred to as the “Service”).
The Service may be temporarily unavailable from time to time for maintenance or other reasons. MedEdQR LLC assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, author communications or Author Content.
Under no circumstances will MedEdQR LLC be responsible for any loss or damage, including any loss or damage to any Author Content or personal injury or death, resulting from anyone’s use of the Service, any Author Content or Third Party Sites linked to or posted on or through the Service, or any interactions between users of the Service, whether online or offline.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE SERVICE, AND ALL CONTENT, AUTHOR CONTENT, THIRD-PARTY CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. MEQR DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- MEDEDQR LLC MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, AUTHOR CONTENT, THIRD PARTY CONTENT, PRODUCT OR SERVICE OFFERED OR SOLD THROUGH BY ANY AUTHOR OR THIRD PARTY, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SERVICE, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. MEQR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND/OR SERVICE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
- USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE, SERVICE OR YOUR AUTHOR CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MEDEDQR LLC BE LIABLE TO YOU ON ACCOUNT OF (i) ANY AUTHOR CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR (iii) YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MEQR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF MEQR OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $10,000 OR THE IMMEDIATE TWELVE (12) MONTHS OF SERVICE LICENSE FEES PAID BY YOU TO MEQR, WHICHEVER IS LOWER. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
To the fullest extent permitted by law, you agree to indemnify and hold MedEdQR LLC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Service, your conduct in connection with the Service, the Author Content you provide (if applicable) (including without limitation any Educational Content), or any violation of these Terms or of any law or the rights of any third party.
Waiver and Serviceability of Terms. The failure of MedEdQR LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Summit. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflict of law provisions. You and MedEdQR LLC agree to submit to the exclusive jurisdiction of the state and federal courts of Phoenix, Arizona.
Statute of Limitations. You and MedEdQR LLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.