Lime Medical

Terms of Use

Acceptance of Terms

LimeMedical.com welcomes you.

LimeMedical.com provides its service to you subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time at: http://www.LimeMedical.com/Terms.php. In addition, when using particular LimeMedical.com owned or operated services, you and LimeMedical.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. LimeMedical.com may also offer other services that are governed by different Terms of Use.

Description of Service:

LimeMedical.com provides users with access to MedNotes application, and a collection of resources, including forums and demos through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for LimeMedical.com to provide the Service. You also understand and agree that the Service may include certain communications from LimeMedical.com, such as service announcements, administrative messages and the LimeMedical.com Newsletter, and that these communications are considered part of LimeMedical.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new LimeMedical.com properties, shall be subject to the TOU. You understand and agree that the Service is provided “AS-IS” and that LimeMedical.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Your Registration Obligations:

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LimeMedical.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LimeMedical.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Our Privacy Policy:

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.LimeMedical.com/Privacy.php You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by LimeMedical.com and its affiliates.

Member Account, Password and Security:

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LimeMedical.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LimeMedical.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Member Conduct:

You agree to not use the Service to:

* upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
* harm minors in any way;
* impersonate any person or entity, including, but not limited to, a LimeMedical official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
* upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
* upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
* upload, post, email, transmit or otherwise make available any material that contains software 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;
* disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
* interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
* intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
* provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
* “stalk” or otherwise harass another; and/or
* collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that LimeMedical may or may not pre-screen Content, but that LimeMedical and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, LimeMedical and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by LimeMedical or submitted to LimeMedical, including without limitation information in LimeMedical Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that LimeMedical may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of LimeMedical, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by LimeMedical and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Interstate Nature of Communications on LimeMedical.com Network:

When you register with LimeMedical, you acknowledge that in using LimeMedical services to send electronic communications (including but not limited to email, search queries, and other Internet activities), you will be causing communications to be sent through LimeMedical’s computer networks, portions of which are located in Arizona, New York, Texas, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of LimeMedical’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

Special Admonitions for International Use:

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnity:

You agree to indemnify and hold LimeMedical and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

No Resale of Service:

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use and Storage:

You acknowledge that LimeMedical may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on LimeMedical’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that LimeMedical has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that LimeMedical reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that LimeMedical reserves the right to modify these general practices and limits from time to time.

Modifications to Service:

LimeMedical reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LimeMedical shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination:

You agree that LimeMedical may, under certain circumstances and without prior notice, immediately terminate your LimeMedical account and access to the Service. Cause for such termination shall include, but not be limited to:

* breaches or violations of the TOU or other incorporated agreements or guidelines,
* requests by law enforcement or other government agencies,
* a request by you (self-initiated account deletions),
* discontinuance or material modification to the Service (or any part thereof),
* unexpected technical or security issues or problems,
* extended periods of inactivity,
* engagement by you in fraudulent or illegal activities, and/or
* nonpayment of any fees owed by you in connection with the Services.

Termination of your LimeMedical account includes:

* removal of access to all offerings within the Service,
* deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
* barring of further use of the Service. Further, you agree that all terminations for cause shall be made in LimeMedical’s sole discretion and that LimeMedical shall not be liable to you or any third party for any termination of your account or access to the Service.

Links:

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LimeMedical has no control over such sites and resources, you acknowledge and agree that LimeMedical is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LimeMedical shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

LimeMedical’s Proprietary Rights:

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by LimeMedical or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

LimeMedical grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by LimeMedical for use in accessing the Service.

Disclaimer of Warranties:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

* YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
* AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
* ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
* NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
* A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations:

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF PREVIOUS SECTIONS MAY NOT APPLY TO YOU.

No Third-Party Beneficiaries:

You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

Notice:

LimeMedical may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Service.

Trademark Information:

The LimeMedical logo, trademarks and service marks and other LimeMedical logos and product and service names are trademarks of TMB Consulting Inc. (the “LimeMedical Marks"). Without LimeMedical’s prior permission, you agree not to display or use in any manner the LimeMedical Marks.

Notice and Procedure for Making Claims of Copyright
or Intellectual Property Infringement:

LimeMedical respects the intellectual property of others, and we ask our users to do the same. LimeMedical may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LimeMedical’s Copyright Agent the following information:

* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

LimeMedical’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email:

General Information:

Entire Agreement. The TOU constitutes the entire agreement between you and LimeMedical and governs your use of the Service, superseding any prior agreements between you and LimeMedical with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LimeMedical services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOU and the relationship between you and LimeMedical shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and LimeMedical agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York State.

Waiver and Severability of Terms. The failure of LimeMedical to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your LimeMedical account is non-transferable and any rights to your LimeMedical ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

Violations:

Please report any violations of the TOU to

Privacy Policy

Our Commitment

We respect your right to privacy and will protect it when you visit our website.

This Privacy Policy explains our online information practices only, including how we collect and use your personal information. It does not apply to third-party websites that you are able to reach from this website. We encourage you to read those privacy policies to learn how they collect and use your information.

What We Automatically Collect Online

We collect information about your visit that does not identify you personally. We can tell the computer, browser, and web service you are using. We also know the date, time, and pages you visit. Collecting this information helps us design the site to suit your needs. In the event of a known security or virus threat, we may collect information on the web content you view.

Other Information We May Collect

When you visit our website, we may request and collect the following categories of personal information from you:

* Contact information
* IDs and passwords

Why We Collect Information

Our principal purpose for collecting personal information online is to provide you with what you need and want, address security and virus concerns, and to ease the use of our website.

We will only use your information for the purposes you intended, to address security or virus threats, or for the purposes required under the law. See “Choices on How We Use the Information You Provide” to learn more.

We collect information to:

* Respond to your inquiries
* Reply to your “feedback comments”
* Manage your access to restricted areas of the website
* Fulfill requests for reports and other similar information
* Register you for a member account

Sharing Your Information

If the purpose of a visit to our site is to request to be contacted by our affiliated service providers, and you agreed to our Terms Of Use during the quote request process, we will share personally identifiable information you provide to us online with representatives of our affiliated service providers, and only with those representatives or companies.

Choices on How We Use the Information You Provide

Throughout our website, we will let you know whether the information we ask you to provide is voluntary or required. By providing personally identifiable information, you grant us consent to use this information, but only for the primary reason you are giving it. We will ask you to grant us consent before using your voluntarily provided information for any secondary purposes, other than those required under the law.

Information Practices for Children

We do not intentionally collect information from children under the age of 13. If in the future we choose to collect personal information from children, we will comply with the Children’s Online Privacy Protection Act (COPPA).

Cookies or Other Tracking Devices

A “cookie” is a small text file stored on your computer that makes it easy for you to move around a website without continually re-entering your name, password, preferences, for example.

We only use “session” cookies on our website. This means we store the cookie on your computer only during your visit to our website. After you turn off your computer or stop using the Internet, the cookie disappears with your personal information.

Securing Your Information

Properly securing the information we collect online is a primary commitment. To help us do this, we take the following steps to:

* Employ internal access controls to ensure the only people who see your information are those with a need to do so to perform their official duties
* Train relevant personnel on our privacy and security measures to know requirements for compliance
* Secure the areas where we hold hard copies of information we collect online
* Perform regular backups of the information we collect online to insure against loss
* Use technical controls to secure the information we collect online including but not limited to:
o Secure Socket Layer (SSL)
o Encryption
o Firewalls
o Password protections
* We periodically test our security procedures to ensure personnel and technical compliance
* We employ external access safeguards to identify and prevent unauthorized tries of outsiders to hack into, or cause harm to, the information in our systems

Our Privacy Practices

For more information or for comments and concerns on our privacy practices,
please contact us by email at