RokketMed Terms of Service
Last updated: December 2016
THESE ROKKETMED TERMS OF SERVICE ("Terms") ARE A LEGAL AGREEMENT BETWEEN YOU AND ROKKETMED.COM AND ITS AFFILIATES (collectively, "RokketMed," "Us," "Our" or "We"), THE OWNER AND OPERATOR OF ROKKETMED.COM AND ALL SITE-RELATED SERVICES AND MOBILE APPLICATIONS (collectively, the "RokketMed Service"). THESE TERMS APPLY TO ALL VISITORS TO OR USERS OF THE ROKKETMED SERVICE.
THESE TERMS SET FORTH THE CONDITIONS THAT GOVERN YOUR USE OF THE ROKKETMED SERVICE. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE ROKKETMED SERVICE.
- MEDICAL ADVICE DISCLAIMER. The RokketMed Service is not designed to, and does not provide, medical advice. All content, including text, graphics, images and information available on or through the RokketMed Service is for general information or scheduling purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. RokketMed is not affiliated with any medical establishment and does not warrant or represent that use of the RokketMed Service is appropriate or safe for your particular health needs. The RokketMed Service is not intended for use by individuals under 18 years of age, pregnant women, or those whose physicians advise against using the RokketMed Service. The health conditions, procedures, or services described in the RokketMed Service are for general reference only. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE ROKKETMED SERVICE. NEVER RELY ON INFORMATION ON THE ROKKETMED SERVICE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE. IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
- NO HEALTHCARE PROVIDER RELATIONSHIP; DISCLAIMER. Although some Site Information may be provided by a healthcare provider and the RokketMed Service may help you to locate or contact a healthcare provider, the RokketMed Service does not provide healthcare services and using the RokketMed Service will not create a provider-patient relationship. RokketMed has no control over and does not guarantee the availability, effectiveness, or appropriateness of any healthcare provider or of any Site Information. Nor does RokketMed recommend or endorse any specific healthcare provider, procedure, or treatment for a specific condition. RokketMed does not warrant or represent that the healthcare services provided by any healthcare provider listed in the RokketMed Service will be of a certain quality, cost, or will be appropriate or safe for your particular health needs. RokketMed is not responsible or liable for any charges or fees associated with services you obtain from a healthcare provider, including charges in connection with cancelled appointments. Under no circumstances will RokketMed be liable to you or any other person for any reliance on the RokketMed Service. The healthcare provider information featured in the RokketMed Service is strictly available for general informational and appointment scheduling purposes only. You are solely responsible for selecting your own healthcare provider. RokketMed does not verify the licensure or certifications of healthcare providers listed in the RokketMed Service; you are responsible for verifying the credentials or qualifications of any healthcare provider you visit.
- ELIGIBILITY; USE OF THE ROKKETMED SERVICE. You agree not to use the RokketMed Service in any way that would interfere with or disrupt the operation of the RokketMed Service or the networks or servers connected to the RokketMed Service in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm any other person or entity; or to engage in commercial activities of any kind. Any unauthorized use of the RokketMed Service may result in termination of all rights to use the site and may be subject to legal action. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not download or use the RokketMed Service. If we discover or have any reason to suspect that you are not at least 18 years of age, we reserve the right to suspend or terminate your access to the RokketMed Service immediately and without notice.
- MODIFICATIONS AND CHANGES. We may modify these Terms to, for example, reflect changes in the law or changes to the RokketMed Service. You should look at these Terms regularly. We’ll post notice of modifications to these Terms on this page and we may provide notice by other means, including sending an email to your last email address of record if you have provided an email address to us. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the RokketMed Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of the RokketMed Service. If there is a conflict between these Terms and the additional terms, the additional terms will control. These Terms control the relationship between RokketMed and you. They do not create any third party beneficiary rights. If you do not comply with these Terms, and We don’t take action right away, this doesn’t mean that We are giving up any right We may have (such as taking action in the future).
- YOUR ROKKETMED ACCOUNT. You may access certain portions of the RokketMed Service without registering your personal information with RokketMed. To access other areas of the RokketMed website, and to use the RokketMed Service, you must register with Us. Each registration is for a single user only. RokketMed does not permit you to share your RokketMed username and password with any other person or with multiple users on a network.
- Account Security. You are entirely responsible for all activities that occur under your account and for maintaining the confidentiality of your username, password, and your account. You also agree to promptly notify us via email at [[email protected]] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the RokketMed Service. In addition, you agree to take adequate measures to safeguard your information and account, including exiting from your account at the end of each session. RokketMed is not liable for any loss that you may incur as a result of any unauthorized use of your user account and password.
- Account Information. You understand and hereby acknowledge that you have no ownership rights in your RokketMed Service account, and that if you cancel your RokketMed Service account (or your account is terminated by RokketMed in accordance with these Terms), we may delete and remove all of your account information from any public area of the RokketMed Service. Information may continue to be stored on RokketMed's web servers or retained by third parties as cached copies for the convenience of those entities but will not be accessible to you after termination of your RokketMed account.
- Account Termination. You may terminate your account by contacting us at [email protected] and state the purpose of your email. Upon receipt of your notice, RokketMed will make commercially reasonable efforts to remove your information from its systems or to disable access to your information.
- PERSONAL INFORMATION. You agree to provide and update true, accurate, current, and complete information about you, as prompted by our registration processes or as required for the use of the RokketMed Service, or any portion thereof. You acknowledge that, if you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to immediately suspend or terminate your account and refuse any and all current or future use of the RokketMed Service.
- Communications from RokketMed. By creating an account, you agree to receive certain communications by email or mobile phone in connection with the RokketMed Services, including daily or weekly emails regarding offerings, features, programs and services available through the RokketMed Service. You can opt-out of receiving certain of these communications through an unsubscribe mechanism, but you will still be required to receive certain essential communications regarding your account as long as you continue to be a registered user.
- Disclosure of Medical Information. You acknowledge that your use of the RokketMed Service may include your voluntary disclosure of personal health or medical information, including but not limited to the disclosure of information relating to alcohol or drug abuse, genetic testing, psychiatric care and/or HIV related information. You specifically authorize the release of such information to medical service providers via the RokketMed Service. Some information collected or disclosed by RokketMed may be considered protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). If we release, disclose, or transmit your PHI in conjunction with a service you request, we will do so in compliance with HIPAA to the extent HIPAA applies to Us and with your full permission.
- OWNERSHIP OF SITE INFORMATION. You hereby expressly acknowledge that RokketMed or it licensors own all legal right, title and interest in the Site Information. RokketMed reserves all rights not expressly granted in and to the RokketMed Service and Site Information. As used in these Terms, "Site Information" means all information, text, pictures, sound, graphics, scripts, photos, software, designs, design rights, video, data, sounds, music, interactive features, content and the like that is displayed on the Site or the RokketMed Service and any and all other proprietary rights contained therein, including, without limitation, the trademarks, service marks, logos, patent rights, copy rights, other proprietary material, marks or rights, know-how, concept, methods, techniques, ideas and all other intellectual property rights and rights of a similar character whether registered or capable of registration. Site Information does not include User-Generated Content.
- USER-GENERATED CONTENT. The RokketMed Service may, now or in the future, permit users to submit content, such as comments and reviews and may also provide for the hosting, sharing or publishing of such content ("User-Generated Content"). We may use any User-Generated Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. You hereby grant RokketMed a perpetual, royalty-free, unlimited right to use, share, distribute, disseminate, duplicate and create derivative works from any User-Generated Content that you submit to the RokketMed Service.
- Healthcare Provider Reviews. You may only submit honest reviews or feedback about healthcare providers with whom you have had a personal experience.
- Non-confidential and Non-proprietary. Any User-Generated Content you submit may be publicly available to other RokketMed Service users as well as members of the general public. You agree and acknowledge that, without regard to whether such content is published, RokketMed cannot and does not guarantee any confidentiality or security of any User-Generated Content. You further understand and agree that RokketMed does not warrant or verify the accuracy of any User-Generated Content. Your decision to submit, accept or rely on any User-Generated Content is at your own risk.
- Liability for User-Generated Content. You shall also be solely responsible for any User-Generated Content you submit and the consequences of posting or publishing such, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. With respect to any User-Generated Content you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant RokketMed all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the RokketMed Service to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of RokketMed, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the RokketMed Service; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law; and (ix) collect or store personal data about other users.
- Removal of Content. While we are not obligated to do so, we reserve the right to refuse or remove any User-Generated Content from the RokketMed Service that we reasonably consider to violate these Terms or to otherwise be illegal or objectionable. Further, if we deem appropriate in our sole discretion, we reserve the right to preserve a record of any User-Generated Content that we reasonably believe may to be illegally posted or to otherwise violate the law or the rights of a third party, and to turn all or a portion thereof over to law enforcement officials.
- Site Monitoring. You hereby acknowledge and agree that RokketMed has the right, but not the obligation, to monitor the RokketMed Service, the Site Information and any User-Generated Content that you or any third party transmit or post, to alter or remove any such materials at its sole discretion, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the RokketMed Service properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. RokketMed also reserves the right to, without advance notice, suspend, block or deny any user access to the RokketMed Service when in RokketMed's sole discretion we believe the user has violated any of these Terms.
- CODE OF CONDUCT FOR THE ROKKETMED SERVICE. While using the RokketMed Service (including in connection with any User-Generated Content), you will not, and will not induce any third party to: (i) use the RokketMed Service or any of the Site Information in a way that is unlawful, harms RokketMed or any user of the RokketMed Service, or otherwise violates the rights of any party; (ii) use the RokketMed Service or any of the Site Information in a way that could overburden, or impair the RokketMed Service (or the networks or systems connected to such); (iii) attempt to disable or circumvent any security mechanisms used by the RokketMed Service or Site Information, or otherwise attempt to gain unauthorized access to any portion or feature of the RokketMed Service or Site Information or any other systems or networks connected to the RokketMed Service, or to any server of RokketMed or its third party service providers, by hacking, password "mining", or any other illegal means; (iv) use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the RokketMed Service or Site Information; (v) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the RokketMed Service, or with any other person's use of the RokketMed Service; (vi) breach any security measures implemented on the RokketMed Service or in the Site Information; (vii) track or seek to trace any information on any other person who visits or used the RokketMed Service; (viii) use the RokketMed Service or Site Information for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (ix) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the RokketMed Service or Site Information, or otherwise made available to you in connection with the RokketMed Service or Site Information; or (x) use the RokketMed Service or Site Information in any manner that otherwise violates these Terms.
- Intellectual Property Rights. RokketMed respects the intellectual property of others, and we expect you and all users to do the same. We may, in appropriate circumstances and at our sole discretion, disable and/or terminate the accounts of users of the RokketMed Services who may infringe the intellectual property rights of RokketMed or others.
- Cooperation with Law Enforcement. RokketMed will fully cooperate with any law enforcement authorities or court order requesting or directing RokketMed to disclose the identity or locate anyone who uses the RokketMed in violation of any applicable laws or these Terms.
- ASSUMPTION OF RISK; WARRANTY DISCLAIMER. You agree that your use of the RokketMed Service is entirely at your own risk. RokketMed will undertake all commercially reasonable efforts to secure any health information that you disclose through your use of the RokketMed Service. NOTWITHSTANDING, THE ROKKETMED SERVICE, ALL SITE INFORMATION AND USER-GENERATED CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, OF ANY KIND. YOUR USE OF THE ROKKETMED SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ROKKETMED SERVICE. ROKKETMED, ON BEHALF OF ITSELF AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICES PROVIDERS, INCLUDING ANY RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS THEREOF, AND ANY OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "ROKKETMED PARTIES"): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. ROKKETMED DOES NOT WARRANT THAT THE ROKKETMED SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (B) DOES NOT REPRESENT OR WARRANT THAT THE ROKKETMED SERVICE, OR ANY CONTENTS THEREIN, WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, TIMELY, ERROR-FREE OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; (C) DOES NOT REPRESENT OR WARRANT THAT THE ROKKETMED SERVICE OR ANY CONTENTS THEREOF WILL MEET YOUR REQUIREMENTS; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ROKKETMED SERVICE OR ANY CONTENT THEREIN, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. Some jurisdictions may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, RokketMed's warranties and conditions with respect to the RokketMed Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE ROKKETMED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ROKKETMED SERVICE, EVEN IF A ROKKETMED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, A ROKKETMED PARTY IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ROKKETMED SERVICE, THE RELEVANT ROKKETMED PARTIES' TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID ROKKETMED FOR YOUR USE OF THE ROKKETMED SERVICE AND ANY CONTENT THEREIN; OR (B) THE SUM OF ONE HUNDRED (100) US DOLLARS. Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, RokketMed's liability for such damages with respect to the RokketMed Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.
- INDEMNITY. You agree to indemnify, defend and hold harmless, RokketMed, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the RokketMed Service from and against any and all claims or liability, including costs and attorney's fees, arising from or in connection with your violation of these Terms and your use of the RokketMed Service. RokketMed reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with RokketMed in asserting any available defenses.
- TERMINATION. You agree that RokketMed, in its sole discretion, may terminate your use of the RokketMed Service, and remove and discard your User-Generated Content, for any reason, if RokketMed believes that you have or may have violated or acted inconsistently with these Terms. RokketMed may also in its sole discretion and at any time discontinue providing the RokketMed Service, or any part thereof, with or without notice and for any reason or for no reason. You agree that any termination of your access to the RokketMed Service, under any provision of these Terms, may be effected without prior notice to you, and acknowledge and agree that RokketMed may bar any further access to the RokketMed Service. Further, you agree that RokketMed shall not be liable to you or any third-party for any termination of access to the RokketMed Service.
- LIMITED TIME TO BRING CLAIM. Where permitted by law, you and RokketMed agree that any cause of action arising out of or related to the RokketMed Service or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- DMCA NOTICE. If you are a copyright owner or an agent thereof and believe any Site Information or User-Generated Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to our Designated Copyright Agent ("Designated Copyright Agent") containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RokketMed's Designated Copyright Agent to receive notifications of claimed infringement is:
Please send only DMCA notices to our Designated Copyright Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section 14, your DMCA notice may not be valid.
- AVAILABILITY OF THE ROKKETMED SERVICE. While RokketMed endeavors to ensure that the RokketMed Service continue to be available, we cannot guarantee that the RokketMed Service shall operate or be available in an uninterrupted manner. RokketMed shall not be liable if for any reason the Site or Service is unavailable at any time or for any period.
- Downtime or Outage. Access to the RokketMed Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond RokketMed's control.
- Reporting Errors. You may report Site problems and errors by email to [email protected]
- SUPPORT AND UPDATES. RokketMed has no obligation to provide support for the RokketMed Service. If RokketMed does provide updates, supplements, or add-on components to the RokketMed Service after the date you obtain your initial copy of the RokketMed Service (collectively, “Updates”), these Terms will apply to the Updates. If RokketMed provides additional terms along with any Update, those terms will apply to the Update. You agree that RokketMed may automatically check your version of any application you download and may automatically send your device updates to the application. RokketMed reserves the right to discontinue your access to the RokketMed Service and RokketMed may, in its sole discretion, release subsequent versions of the RokketMed Service and require you to obtain and use the most current version. RokketMed, at its sole discretion, may update, change or remove its software, including but not limited to web based software and mobile software applications, at any time and without notice and in any manner that RokketMed deems appropriate. RokketMed may, at its sole discretion, cease or fail to commence support or compatibility of the RokketMed software with any operating system or any web browser or any versions thereof.
- THIRD-PARTY PRODUCTS, SERVICES, OR DEVICES. You may need to use or obtain additional products or services in order to use the RokketMed Service, such as a web browser, internet access or a data connection. You must obtain or use such products or services separately and pay all associated charges (including for internet access or data transmission).
- LINKS TO THIRD-PARTY WEBSITES. Links to third party websites on the RokketMed Service are provided solely for your convenience. If you use these links, you leave the RokketMed Service and may be subject to the terms and conditions of the third party websites. RokketMed has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. RokketMed therefore does not endorse or make any representations about, any material or content found within or any results that may be obtained by using, them. Links to the websites of third party healthcare provider(s) do not constitute an endorsement of any such healthcare provider(s) by RokketMed. If you decide to access any of the third party websites linked from the RokketMed Service, you do so entirely at your own risk. To the maximum extent permitted by law, under no circumstances will RokketMed be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within any third party hyperlinked sites.
- RSERVATION OF RIGHTS; COPYRIGHT AND TRADEMARK NOTICES. RokketMed owns the title, copyright, and other intellectual property rights in the RokketMed Service and reserves all rights not expressly granted to you in these Terms. The RokketMed Service is protected by copyright and other intellectual property laws and treaties. RokketMed, the RokketMed logo, and all other RokketMed product or service names referenced in the RokketMed Service are the trademarks of RokketMed. Any other company names, product names, service names, and logos referenced in connection with the RokketMed Service may be the trademarks of their respective owners.
- COMPLIANCE WITH LAW. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the RokketMed Service. RokketMed reserves the right to terminate your account and to prevent your use of the RokketMed Service if your account is used to engage in illegal activity or to violate these Terms.
- SECURITY. You shall not violate or attempt to violate the security of the RokketMed Service. Violations of system or network security may result in civil or criminal liability. RokketMed reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
- ENTIRE AGREEMENT, NOTICE, WAIVER, AND SEVERABILITY. These Terms constitutes the entire agreement between you and RokketMed in connection with the RokketMed Service and supersedes all prior agreements between you and RokketMed regarding the subject matter contained herein. If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under these Terms will act as a waiver of such rights. Nothing in these Terms shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and RokketMed or any of the RokketMed Parties. The failure of RokketMed to insist upon performance of any of the terms and conditions of these Terms, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of these Terms, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of these terms. Any waiver must in writing and signed by RokketMed.
- JURISDICTION, VENUE; WAIVER OF JURY TRIAL. These Terms and all claims or issues regarding the RokketMed Service shall be governed according to the laws of the State of Washington, in the United States of America, except for the conflict or choice-of-law principles thereof. You consent to the exclusive jurisdiction of the state and federal courts of King County, Washington, for any claims or other causes of action arising out of or relating to these Terms or the RokketMed Service. TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THESE TERMS.
- MODIFICATION OF TERMS. RokketMed may change its Terms at any time and at its sole discretion and without notice to you. The current Terms shall be available to review at Our website www.rokketmed.com subject to You being able to access Our website.
- CONTACT US. Any questions or comments about the RokketMed Service may be sent to [[email protected]].