Modification of Terms
ALL CONTENT AND USER CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. MEDIWHALE AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither Mediwhale nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free.
Mediwhale and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by Mediwhale are free from viruses or any other harmful elements.
You may provide input, comments, questions or suggestions (“Submissions”). You acknowledge and agree that Mediwhale may use any Submissions without any obligation to you and you hereby grant Mediwhale a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Submissions as Mediwhale may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
Mediwhale takes no responsibility and assumes no liability for Submissions, and you acknowledge and agree that you have all rights necessary to make the Submissions. You understand that Mediwhale does not endorse Submissions of others and is not responsible for the content of such Submissions. Mediwhale disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth in a Submission.
The Web Site may contain links to third-party websites. Linked sites are not under the control of Mediwhale, and Mediwhale is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Mediwhale endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Mediwhale disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Mediwhale. Any views expressed by third parties on the Web Site are solely the views of such third party and Mediwhale assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Indemnification and limitation of liability
You agree to indemnify, defend and hold harmless Mediwhale, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to (i) your violation of this Disclaimer, (ii) your use, or misuse, of the Web Site or Mediwhale Services, and/or (iii) your posting of Submissions.
MEDIWHALE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEB SITE.
This limitation reflects an informed voluntary allocation of risk; such allocation represents a material part of this Disclaimer. You agree that the limitations of liabilities are fair and reasonable in the circumstances.