Terms and Conditions of Use
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site! Cranberry Peak Corp. ("Cranberry Peak") may revise and update these Terms and Conditions at any time. Your continued usage of the Cranberry Peak and MD Assist websites ("Cranberry Peak Site," or the "Site") will mean you accept those changes.
The Site Does Not Provide Medical Advice
The contents of the Cranberry Peak Site, such as text, graphics, images, and other materials created by Cranberry Peak or obtained from Cranberry Peak’s licensors, and other materials contained on the Cranberry Peak Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Cranberry Peak Site! If you think you may have a medical emergency, call your doctor or 911 immediately. Cranberry Peak does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Cranberry Peak, Cranberry Peak employees, others appearing on the Site at the invitation of Cranberry Peak, or other visitors to the Site is solely at your own risk.
Use of the Content
The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. Cranberry Peak authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2020, Cranberry Peak Corp. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Cranberry Peak Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. Title to the Content remains with Cranberry Peak or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of Cranberry Peak. All rights not expressly granted herein are reserved to Cranberry Peak and its licensors. Certain Content on this Site is licensed under U.S. Patent No. 6,585,516. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Copying and Reverse Engineering
You agree that you will not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization); or (iii) remove any copyright notices, identification or any other proprietary notices from any of the software, copyrighted content and any proprietary information in this Website.
Intellectual Property Rights
You acknowledge and agree that these Terms and Conditions are not intended to convey or transfer to you any intellectual property rights or to grant any licenses in or to any technology or intellectual property or content, other than as expressly provided herein. The content contained in this Website, including, but are not limited to, software, product information, technology information, user guides, white papers, analysis, trade names, graphics, designs, icons, audio or video clips and logos, is Cranberry Peak's proprietary information, protected by copyright, trademark, patent and/or other intellectual property rights, under US and international law. Third-party trademarks and information are the property of their respective owners.
Liability of Cranberry Peak and Its Licensors
The use of the Cranberry Peak Site and the Content is at your own risk. When using the Cranberry Peak Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Cranberry Peak and its suppliers. Accordingly, Cranberry Peak assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Cranberry Peak Site. The Cranberry Peak Site and the Content are provided on an "as is" basis. CRANBERRY PEAK, ITS LICENSORS, AND ITS SUPPLIERS, 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. Without limiting the foregoing, Cranberry Peak, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the Cranberry Peak Site or Cranberry Peak.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Cranberry Peak Site. In no event shall Cranberry Peak, its licensors, its suppliers, or any third parties mentioned on the Cranberry Peak Site 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 Cranberry Peak Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Cranberry Peak, its licensors, its suppliers, or any third parties mentioned on the Cranberry Peak Site are advised of the possibility of such damages. Cranberry Peak, its licensors, its suppliers, or any third parties mentioned on the Cranberry Peak Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Advertisements, Searches, and Links to Other Sites
Cranberry Peak may provide links to third-party web sites. Cranberry Peak also may select certain sites as priority responses to search terms you enter and Cranberry Peak may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Cranberry Peak does not recommend and does not endorse the content on any third-party websites. Cranberry Peak is not responsible for the content of linked third-party sites, sites framed within the Cranberry Peak Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Cranberry Peak does not endorse any product, service, or treatment advertised on the Cranberry Peak Site.
You agree to defend, indemnify, and hold Cranberry Peak, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) your use of or reliance on any User Content, or (c) your violation of these Terms and Conditions.
Cranberry Peak is based in Cambridge, Massachusetts, in the United States of America with principal offices in Cambridge, Massachusetts. Cranberry Peak makes no claims that Cranberry Peak, MD assist, or any Site within the Cranberry Peak Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Cranberry Peak Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Cranberry Peak, or in any way relating to your use of the Cranberry Peak Site, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving Cranberry Peak or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Cranberry Peak’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Cranberry Peaks's contact for copyright issues relating to this web site is firstname.lastname@example.org