Terms of Service

Updated 6/12/2019


This Website, https://www.mdsynergy.com is managed by MD Synergy Solutions, LLC and its parent, subsidiaries and affiliates (collectively, “MD Synergy”) and hosted by MD Synergy.

By using the Website, https://www.mdsynergy.com you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read this Agreement carefully. When you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

Privacy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.


Trademarks

MD Synergy and other trademarks, service marks and trade names (collectively, the “Marks”) indicated on our Website are trademarks or registered trademarks of and are proprietary to MD Synergy.

All rights in any such Marks, whether or not appearing with the trademark symbol, belong exclusively to MD Synergy and are protected from reproduction, imitation, dilution, or confusing or misleading uses under trademark laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any trademark of MD Synergy.


Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by MD Synergy to the full extent provided under the United States Copyright Act. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of MD Synergy.

The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website or use the contents of the Website for any commercial or promotional purposes, without the express written consent of MD Synergy or its lawful successors and assigns.

For usage permission, please contact us via e-mail at info@mdsynergy.com.


Notice of Copyright Infringement

MD Synergy respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us at c info@mdsynergy.com with the following information:

(1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the Website, if any, that is requested to be removed; (3) Your name, address, and daytime telephone number, and an email address, if available, so that MD Synergy may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.


License and Website Access

MD Synergy grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MD Synergy. This license does not include any commercial use of the Website or its contents or any derivative use of the Website or its contents.

Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of MD Synergy. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the MD Synergy and its affiliates without express written consent of MD Synergy. You may not use metatags or any other hidden text using MD Synergy’s name or trademarks without the express written consent of MD Synergy. Any unauthorized use will immediately terminate the permission or license granted by MD Synergy.


Your Responsibilities

You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from MD Synergy. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Website will be accurate, complete, and current.

By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; or sending unsolicited email, including promotions and/or advertising of products or services.


DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE SITE IS PROVIDED BY MD SYNERGY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MD SYNERGY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MD SYNERGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL MD SYNERGY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO MD SYNERGY THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California.


Miscellaneous Legal Provisions

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.

Nothing contained in this Agreement is in derogation of MD Synergy’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by MD Synergy with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of MD Synergy to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.


All rights not expressly granted herein are hereby reserved to MD Synergy.