The ‘Read by QxMD’, ‘Pedi-STAT’, ‘Learn by QxMD’ and ‘Calculate by QxMD’ apps and /or websites are owned and operated by QxMD Software Inc. (“QxMD”), a privately held company registered in the Province of British Columbia, Canada.
QxMD reserves the right at our sole discretion, to change, modify, add, or delete all or portions of this Agreement at any time and, as such, we ask that you periodically visit this page. In the event that significant changes are made, QxMD commits to advising all users at the time that any significant change is made. By continuing to use the apps and sites you agree to be bound by any such revisions and, therefore, it is your responsibility to regularly revisit this Agreement and to review the current terms.
QxMD is willing to grant access to this sofware only to those who accept all the terms and conditions of this license agreement. If you do not agree to all the terms and conditions, QxMD is unwilling to license and grant access to the software to you, and you should discontinue using the apps.
You are eligible to use the apps or sites if you are a student, healthcare provider, scientist or researcher. QxMD reserves sole discretion to determine if an individual is eligible. You may not set up an account on behalf of another individual or entity unless you are authorized to do so. By using the apps or websites, you agree to and will abide by all of the terms and conditions of this Agreement. You must be over the age of 16 to use the apps.
2. Registration & Account Security
In consideration of your use of the apps you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to QxMD, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any and all actions that take place using your account.
All content on the apps and websites including designs, text, graphics, pictures, information, applications, software, sound and other files, and their selection and arrangement (the “Site Content”) are the sole proprietary property of QxMD unless otherwise indicated. You do not have the right to modify, copy, perform, distribute, frame, reproduce, republish, upload, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the apps or websites, of any of the Site Content without QxMD’s prior written consent as they are protected under applicable copyright laws and treaty provisions (including but not limited to applicable intellectual property laws).
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the apps or websites any materials that violate another party’s intellectual property rights. When we receive proper written notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material. If you believe that any material on the website infringes upon any copyright which you own or control, you may send a written notification of such infringement to QxMD at firstname.lastname@example.org.
4. User License
5. User Conduct
You are responsible for all activity occurring through your account and you represent that you shall abide by all applicable local, provincial/state, national and foreign laws, treaties and regulations in connection with the use of the apps and sites, including those related to data privacy, intellectual property, copyright, international communications and the transmission of technical or personal data. In the event that you suspect a breach of security, including without limitation any unauthorized access of your account, you will notify QxMD as soon as possible.
You may not access the apps or sites for any benchmarking or competitive purposes such as monitoring its availability, performance or functionality. You may not resell, redistribute, or put to any commercial use, any content or information from this app or site.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the apps or websites will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, without limitation, you agree not to use the app or website to:
- harvest or collect email addresses or other contact information of other users from the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the app or website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website;
- use automated scripts to collect information from or otherwise interact with the website;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- solicit personal information or solicit passwords or personally identifying information for commercial or unlawful purposes;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another’s account, service or system, or create a false identity on the app or website; or
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose QxMD or its users to any harm or liability of any type.
6. User Content Posted On The Website
You are solely responsible for the profiles (including your name, image, and likeness), messages, notes, text, information, and other content that you upload, publish or display (hereinafter, “post”) on or through the app or website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the website that you did not create or that you do not have permission to post. You understand and agree that QxMD may, but is not obligated to, review the app or website and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of QxMD violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the app or website or provide to QxMD.
When you post User Content to the app or website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the website. By posting User Content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to QxMD an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. QxMD does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
7. Third Party Content
There is certain content available on the site from third parties, including other users, that QxMD has no editorial control over. Any advice, statements, services, offers or other information or content expressed or made available by third parties, including other users, are those of the respective individual or company and not of QxMD. QxMD is not responsible or liable in any manner for any third party content posted on the app or website or in connection with the website, whether posted or caused by users of the website, by QxMD, by third parties or by any of the equipment or programming associated with or utilized in the website. QxMD is not responsible for the conduct, whether online or offline, of any user of the app or website. As such, it is your responsibility to evaluate any content available on the site for accuracy, reliability, completeness or usefulness.
The apps and websites will post links to published articles from the medical literature as well as clinical decision support tools (“Content”). Inclusion of a link does not imply approval or endorsement of the linked Content and QxMD is not responsible for the content, accuracy or opinions expressed in such content. If you decide to access this third-party content, you do so at your own risk. We do not warranty or guarantee the accuracy, completeness, adequacy or currency of the Content. Your use of the Content on this app or site or of any Content linked to from, or otherwise made available through, this app or site (including without limitation any content or other materials accessed through a publisher website, “open access” website, or other third party source) is at your own risk, and no license or right is granted with respect to any such materials.
8. Intellectual Property Rights
You agree to indemnify and hold QxMD and its parent organizations, subsidiaries and affiliates, and each of their directors, officers, agents, consultants, contractors, partners, employees, suppliers and sponsors, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: (a) any claim arising out of or relating to your use of the apps, sites or content provided by you, including without limitation any claim alleging that use of this content infringes or misappropriates the rights of, or has caused harm to, a third party; or (b) any claim arising from the breach or violation by you of any responsibilities, representation, covenants or warranties under this Agreement or of any law or the rights of any third party.
10. Disclaimer of Warranties and Limits of Liability
All conditions, representation and warranties, whether express, implied, statutory or otherwise, including without limitation any implied warranty of suitability for a particular purpose or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by QxMD.
QXMD AND ITS PARENT ORGANIZATIONS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONSULTANTS, CONTRACTORS, PARTNERS, EMPLOYEES, SUPPLIERS AND SPONSORS DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE APPS OR WEBSITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE APPS, WEBSITES OR ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE APPS, WEBSITES AND ALL CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE APPS OR WEBSITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY INJURY OR DAMAGE TO YOUR OR TO ANY PERSON’S COMPUTER, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE WEBSITE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.
IN NO EVENT SHALL QXMD AND ITS PARENT ORGANIZATIONS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONSULTANTS, CONTRACTORS, PARTNERS, EMPLOYEES, SUPPLIERS AND SPONSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY TYPE OR KIND, INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, INCLUDING FOR ANY CONTENT OBTAINED THROUGH THE SERVICE, ANY ERROR, OMISSION, INTERRUPTION, DELETION, INACCURACY, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OR EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT THE WEBSITE OR COMBINATION THEREOF, EVEN IF QXMD HAS BEEN PREVIOUSLY ADVISED OF SUCH DAMAGES OR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL QXMD BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE APP, WEBSITE OR ANY USER CONTENT POSTED ON OR THROUGH THE WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTION BETWEEN USERS OF THE APP OR WEBSITE, WHETHER ONLINE OR OFFLINE EVEN IF QXMD HAS BEEN PREVIOUSLY ADVISED OF SUCH DAMAGES OR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by QxMD.
If, at any time during the currency of this agreement, any dispute, difference or question shall arise between the parties touching matters not specifically provided for herein, or any issue shall arise touching the construction, meaning or effect of this agreement, or anything herein contained, or the rights or liabilities of the parties to this agreement, then every such dispute, difference or question shall be referred to a single arbitrator, if the parties can agree upon one within seven (7) days of you or QxMD referring the matter to arbitration. Otherwise, the matter shall be referred to a board of three (3) arbitrators, one (1) to be appointed by you, one (1) to be appointed by QxMD, and the third to be appointed by the first two (2) named arbitrators, in writing, before they enter upon the business of the reference. If either party shall refuse or neglect to appoint an arbitrator within fifteen (15) days after the other has appointed an arbitrator and has served a written notice upon the other party requiring such party to make such appointment, then the arbitrator first appointed shall, at the request of the person appointing him, proceed to hear and determine the matter at issue as if he or she were a single arbitrator appointed by all parties for that purpose. The award or determination which shall be made by the arbitrator, arbitrators or majority of them shall be absolutely final and binding upon the parties. In the event that the first two (2) named arbitrators are unable to agree upon a third within seven (7) days after the appointment of the last of them, then, upon the motion of either arbitrator to any Judge of the Provincial Court of British Columbia, such Judge shall be entitled to name the third arbitrator, whose appointment shall be final and binding upon the parties. In all respects, subject to the terms of this agreement, the Commercial Arbitration Act of British Columbia and amendments thereto shall govern such proceedings and the arbitrators shall be entitled to fix and apportion liability for the costs of the arbitration.
QxMD reserves the right at any time and in its sole discretion to revoke a user’s right to access the apps or sites and/or to close down and delete the account and/or any content or information that you have posted on the site. In the event that QxMD exercises this right, it will not be required to provide notice to the affected user and will assume no liability for this action.
QxMD may assign this Agreement, in whole or in part, in its sole discretion. In the event that QxMD chooses to assign this Agreement, we will advise the user of same. The user shall not be entitled to assign any of the rights and benefits conferred by this Agreement.
14. Waiver of Breach
Failure by QxMD to act upon a breach by you of any obligation under this Agreement shall not constitute a waiver or relinquishment for the future of such obligation, but the same shall remain in full force and effect and QxMD shall continue to have the right to enforce all the terms of this Agreement on the user.
15. Force Majeure
QxMD shall not be liable for any failure or unavailability of the apps or sites as a result of the loss or destruction of data, the deletion or corruption of storage media, power failures, unavailability of suppliers or any other event beyond its control.
If anyone or more of the provisions contained in the Agreement should be determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby.
17. Governing Law
This Agreement shall in all respects be governed by and be construed in accordance with the laws of the Province of British Columbia, and the applicable laws of Canada therein.
You acknowledge and agree that some of the apps or sites may be supported by advertising revenue and may contain advertisements or promotions. If you elect to have any personal, professional or business dealings with anyone whose products or services may be advertised, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that QxMD shall not have any responsibility or liability for any losses or damages that you may incur as a result of such dealings.
19. Additional Terms
The content provided is educational in nature and not meant to be a substitute for professional advice and is not to be used for medical diagnosis and / or medical treatment. Medicine is an ever-changing science. As new research and clinical experience broaden out knowledge, changes in treatment and drug therapy are required. In view of the possibility of human error or changes in medical sciences, neither the author nor the developer warrant that the information contained in these apps is in every respect accurate or complete, and they are not responsible for any errors or omissions or the results obtained from the use of such information. Extensive effort has been exerted to make these apps as accurate as possible. However, the accuracy and completeness of the information provided by these apps cannot be guaranteed. This software is to be used as a guide only, and health care professionals should use sound clinical judgement and individualize therapy to each specific patient care situation. The author the developer make no claims whatsoever, expressed or implied, about the authenticity, accuracy, reliability, completeness or timeliness of the material, calculations, software, text, graphics and links given.
20. Contacting QxMD
If you have any questions about these Terms, please contact QxMD Sofware Inc. at 62 19th Avenue E, Vancouver, BC, Canada, V5V 1H7, or online.
Last updated May 25th, 2018