Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by Ovum Medical, Inc. ("Ovum Medical") or "The Provider" under the MedAnswers brand (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
You can find the terms of use for expert contributors here.
Use of the Service
Please read the Terms carefully before you start to use our Products. By using our Service or by clicking to accept or agree to the Terms if the option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms and the Privacy Policy, you must not access or use our Service.
You may use the Service only if you can form a binding contract with The Provider, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on The Provider.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. The Provider will not be liable for any loss or damage arising from your failure to comply with this instruction.
You represent that you are over the age of thirteen (13) years old (or over the age of fourteen (14) years old if you live in Spain or South Korea) (the "Minimum Age"). If you are over the Minimum Age, but under the legal age of majority, your parent or legal guardian must consent to the Terms and Privacy Policy, and affirm that they accept these Terms on behalf of, and bear all legal and financial responsibility and liability for the actions of, any child between the Minimum Age and majority, and expressly ratify and confirm any acts of any such child and all users of the account.
Changes to the Terms of Service
We may revise and update these Terms from time to time in our sole discretion. The most current version will always be available on this page (or such other page as indicated on the Service). All changes are effective immediately when we post them and apply to all access to and use of our Service thereafter. However, any changes to the dispute resolution provisions set forth in the General Terms section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. Although we may attempt to notify you when material changes are made to these Terms, you should periodically review the most current version so you are aware of any changes, as they are binding on you.
User Content
For purposes of these Terms, "Content" means any information, text, images, graphics, video, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
Your License to The Provider
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, non-revocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for other users of the Service to modify your Content, and for The Provider to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by The Provider or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify, adapt, or create derivative works from your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading Content to the site, you warrant, represent and agree that you have the right to grant The Provider the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that:
- a. Infringes, violates or otherwise interferes with any copyright or trademark of another party.
- b. Reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it.
- C. Infringes any intellectual property right of another or the privacy or publicity rights of another.
- d. Is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party.
- e. Creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity.
- f. Contains other people's private or personal information without their express authorization and permission.
- g. Contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. The Provider reserves the right in its discretion to remove any Content from the site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
The Provider's Licenses to You
Subject to these Terms, The Provider gives you a worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post any of the Content on the Service anywhere on the rest of the web provided that the Content was added to the Service after
- a. Do not modify the Content.
- b. Attribute The Provider by name in readable text and with a human and machine-followable link (an HTML anchor (...) tag) linking back to the page displaying the original source of the content on https://www.medanswers.com on every page that contains The Provider content.
- c. Upon request, either by The Provider or a user, remove the user's name from Content which the user has subsequently made anonymous.
- d. Upon request, either by The Provider or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on https://www.medanswers.com.
- e. Upon request, either by The Provider or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on https://www.medanswers.com.
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by The Provider, or any The Provider user of you or your use of the work, without the separate, express prior written permission of The Provider or The Provider user.
If you operate a search engine or robot, or you republish a significant fraction of all The Provider Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
- - You must use a descriptive user agent header.
- - You must follow robots.txt at all times.
- - You must make it clear how to contact you, either in your user agent string or on your website if you have one.
Subject to these Terms, The Provider gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by The Provider.
Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.
You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate. Under no circumstances will The Provider be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third-party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. The Provider will not be responsible or liable for any use of your Content by The Provider in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information if we believed in good faith that it is reasonably necessary to:
- i. Satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants).
- ii. Enforce or administer our agreements with users (such as these Terms), including investigation of potential violations hereof.
- iii. Detect, prevent, or otherwise address fraud, security, or technical issues.
- vi. Respond to user support requests. v. Protect the rights, property or safety of The Provider, its users and the public.
Rules
You must not do any of the following while accessing or using the Service:
- i. Use the Service for any unlawful purposes or promotion of illegal activities or in any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the United States or other countries.
- ii. Upload or post any Content (as defined above) in violation of the provisions contained in the "Your License to The Provider" section of these terms.
- iii. Use the Service for the purpose of spamming anyone.
- iv. Access or tamper with non-public areas of the Service, The Provider's computer systems, or the technical delivery systems of The Provider's providers.
- v. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
- vi. Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by The Provider (and only pursuant to those terms and conditions) unless you have been specifically allowed to do so in a separate agreement with The Provider (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of The Provider except as permitted by these Terms is expressly prohibited).
- vii. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information.
- viii. Interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We may make available one or more APIs for interacting with the Service. Your use of any The Provider API is subject to these terms and The Provider API Rules, which will be posted before we make these APIs available (as part of these Terms).
Proprietary Rights
All right, title and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of The Provider and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use The Provider name or any of The Provider trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by The Provider on the Service are subject to change. In consideration for The Provider granting you access to and use of the Service, you agree that The Provider and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
Copyright Policy
The Provider respects the intellectual property rights of others and expects users of the Service to do the same. If you believe that your Content has been copied in a way that constitutes copyright infringement, please see our Copyright Policy available at
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. Inappropriate circumstances, The Provider will also terminate a user's account if the user is determined to be a repeat infringer.
Privacy
The Provider values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or to other countries for storage, processing and use by The Provider in accordance with our Privacy Policy.
Links
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
- i. The availability or accuracy of such websites or resources.
- ii. The content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Provider of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Third Party Beneficiaries' Medical Contributions
All The Provider users who provide answers to medical questions on the Service have registered with The Provider and have provided detailed information, including their legal name and National Provider Identification number (each, a "Medical Contributor"). All Medical Contributors are intended third-party beneficiaries of this section of the Terms. The answers on this site provided by Medical Contributors are for informational purposes only, are not intended to create a physician-patient relationship and are not intended to constitute medical advice or instructions for medical diagnosis or treatment. The Provider and Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall The Provider or Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Service or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Provider or its Medical Contributors are advised of the possibility of such damages. Neither The Provider nor the Medical Contributors are liable for any personal injury, including death or miscarriage, caused by your use or misuse of the Service or Content.
The Provider's policy is that in answering medical questions, Medical Contributors should not give users the impression that they are acting as their doctor, thus possibly creating a professional relationship (i.e., doctor-patient) and subjecting the Medical Contributor to "duties of reasonable care."
Questions Related to Medicine
Medicine-related questions on the Service are not allowed to provide facts that give the impression of being patient-specific. Questions that are patient-specific should be edited to become questions about general medical problems or deleted.
You agree only to post questions that describe a general situation, illustration, illness, or symptoms, and to withhold enough facts so that it does not describe a specific patient.
Answers to Medical Questions
Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors.
If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately.
- - Content is not a substitute for professional medical advice, examination, diagnosis, or treatment.
- - You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
- - You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
- - Content should not be used to diagnose, treat, cure, or prevent disease without the supervision of a doctor or qualified healthcare provider.
- - Content does not recommend or endorse any tests, physicians, products, procedures, opinions, or other information.
- - Content is not regulated by the Food and Drug Administration or any state or national medical board.
Information posted to the Service publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.
As always, we do not monitor or control the Content posted via the Service; the answers and messages created by Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Medical Contributors, nor do we endorse any opinions they express.
Indemnity Disclaimers
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, THE PROVIDER AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. The Provider will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that The Provider has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from The Provider or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- i. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
- ii. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
- iii. ANY CONTENT OBTAINED FROM THE SERVICE.
- iv. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to or arising out of:
- i. Your use of the Service, your Content on the Service, or your use of any information obtained from the Service.
- ii. Any actions or Content by or from someone using your account, you agree to defend, indemnify and hold harmless us, our affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees).
Open Source Licenses
The Provider Service may contain or be provided together with open source software. Each item of open source software is subject to its applicable license terms, which can be found
General Terms
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $50,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. These Terms are the entire and exclusive agreement between The Provider and you regarding the Service (excluding any services for which you have a separate agreement with The Provider that is explicitly in addition or place of these Terms), and these Terms supersede and replace any prior agreements between The Provider and you regarding the Service.
The failure of The Provider to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
The Service is operated and provided by Ovum Medical, Inc. If you have questions about these Terms, please contact us at alice@ovum.md.