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Terms of Service

MD Buyline provides its service to you subject to the following Terms of Service ("TOS"). In addition, when using specific MD Buyline services, you and MD Buyline will be subject to any guidelines or rules applicable to these services, which MD Buyline will provide upon registration for such services. For users accessing or purchasing such services, the applicable guidelines or rules shall be considered included in the TOS.

1. DESCRIPTION OF SERVICE MD Buyline currently provides users with online business applications, including access to market reports and a venue for contacting industry experts directly. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including any new MD Buyline services, will be subject to the TOS.

2. WHAT YOU MUST DO TO USE THE SERVICE In order to use the Services, you must register at www.mdbuyline.com (the "Site"). You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION INFORMATION MUST BE ACCURATE, CURRENT AND COMPLETE In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being 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 MD Buyline has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, MD Buyline 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).

4. YOUR OBLIGATION TO PAY FEES You agree to pay all subscription, service and use fees, if any, MD Buyline charges you for the Service. You agree to pay all costs (including attorney's fees), if any, incurred by MD Buyline in collecting overdue fees from you, and to pay a late charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum rate allowed under applicable law. You also agree to pay all foreign, federal, state and local taxes applicable to your access, use or receipt of the Service.

5. ACCESS, PASSWORDS AND SECURITY You may designate several users under your account as outlined in the membership contract. Note that the number of users allowed may correspond to the level of Services you are receiving from MD Buyline. You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). You will be responsible for all electronic communications, including account registration and other account holder information, e-mail, and other data ("Electronic Communications") entered through or under your access number(s), password(s) or account number(s). MD Buyline is hereby authorized to treat any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) as having been sent by you. You agree to immediately notify MD Buyline if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s).

6. THE WAY WE HANDLE ELECTRONIC COMMUNICATION BETWEEN YOU AND MD BUYLINE MD Buyline allows you to send Electronic Communications directly to MD Buyline and interact with other users within applicable areas of the Site. Electronic Communications include your business's product listing & services listing, pricing, and data which you send through the Site (the " Data"). You acknowledge and agree to the following with respect to use of Electronic Communications through the Service:

  • 1. MD Buyline shall be entitled, but is not obligated, to review or retain your Electronic Communications for your compliance with the TOS and the security of the Site. MD Buyline may also review or retain Electronic Communications (other than Data) for other reasons, which MD Buyline believes in good faith, will improve the quality of the Services.
  • 2. MD Buyline may disclose Electronic Communications if required to by law or in the good faith belief that such disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Electronic Communications violate the rights of third parties; or (iv) protect the rights, property, or personal safety of MD Buyline, its users or others;
  • 3. You will not use any Electronic Communication for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening;
  • 4. You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
  • 5. You will not in any way express or imply that any opinions contained in your Electronic Communications are endorsed by MD Buyline;
  • 6. You agree to provide MD Buyline with your e-mail address, promptly provide MD Buyline with any changes to your e-mail address and accept Electronic Communications from MD Buyline at the e-mail address you specify;
  • 7. You agree that MD Buyline may provide notices, statements and other communications to you solely through e-mail, posting on the Service or other electronic transmission; and
  • 8. You understand that the technical processing and transmission related to delivery of the Services, including your Electronic Communications, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SECURITY OF DATA TRANSMISSION You agree to use software produced by third parties, including, but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by MD Buyline. You acknowledge that MD Buyline is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. You acknowledge that it is possible that Electronic Communications may be accessed by unauthorized third parties when communicated between you and MD Buyline using the Internet, other network communications facilities, telephone or any other electronic means, and that such transmissions of Electronic Communications are at your sole risk.

8. GENERAL PRACTICES REGARDING USE OF THE SERVICE You acknowledge that MD Buyline may establish general practices and limits concerning use of the Service. You acknowledge that MD Buyline reserves the right to disable accounts that are inactive for an extended period of time. You further acknowledge that MD Buyline reserves the right to change these general practices and limits at any time, in its discretion by providing notice of such changes on the Site.

9. SECURITY AND STORAGE OF DATA The security of your Data may be maintained through the use of data encryption, data security protocols, passwords and other methods which MD Buyline may employ, or which MD Buyline may suggest or require that you employ. You agree that MD Buyline has no responsibility or liability for the deletion or failure to store any Data transmitted by you or anyone else to the Service.

10. MD BUYLINE'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 presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 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. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. MD Buyline grants you a non-transferable, non-exclusive and terminable right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Software or any part thereof or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Software. You agree not to modify the Software in any manner or form, or 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 MD Buyline for use in accessing the Service.

11. TRADEMARK INFORMATION "MD Buyline" and the MD Buyline logo and other MD Buyline trademarks, service marks, logos and product and service names are trademarks of MD Buyline (the " MD Buyline Marks"). You agree not to display or use the MD Buyline Marks in any manner without MD Buyline’s express prior written permission.

12. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MD BUYLINE EXPRESSLY DISCLAIMS 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. B. MD BUYLINE MAKES 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, OR (iv) ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MD BUYLINE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. D. NO ADVICE OR COUNSEL IS GIVEN, OR SHALL BE DEEMED TO HAVE BEEN GIVEN, BY THE SERVICE.

13. LIMITATION OF LIABILITY IN NO EVENT WILL MD BUYLINE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE ITEMS) EVEN IF MD BUYLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THAT THE LIABILITY OF MD BUYLINE ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. MD Buyline shall not be liable for any loss resulting from a cause over which MD Buyline does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. MD Buyline is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Service. 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 MAY NOT APPLY TO YOU.

14. INDEMNITY You agree to defend, indemnify and hold MD Buyline harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of the TOS, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights, or from your breach of any representation or warranty set forth in the TOS. This obligation will survive the termination of Service.

15. MODIFICATIONS TO OR DISCONTINUATION OF SERVICE MD Buyline 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 MD Buyline shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. OUR ABILITY TO TERMINATE SERVICE You agree that MD Buyline, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Electronic Communications within the Service, for any reason, including, without limitation, for lack of use or if MD Buyline believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MD Buyline may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MD Buyline may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service; however, in the event that your Service with MD Buyline terminates, MD Buyline will use commercially reasonable efforts to return your Data to you electronically, in an appropriate format selected by MD Buyline, as promptly as is reasonably possible after such termination, provided you have complied with the TOS and have paid in full all amounts owed to MD Buyline. Further, you agree that MD Buyline shall not be liable to you or any third party for any termination of your access to the Service; provided, however, that if the termination is unrelated to your acts or omissions MD Buyline will refund the pro rata portion of any fee that may have been paid by you for the portion of the Service not furnished to you as of the date of such termination.

17. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MD Buyline has no control over such sites and resources, you acknowledge and agree that MD Buyline 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 MD Buyline 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.

18. NOTICES Notices to you from MD Buyline may be made by either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.

19. MODIFICATIONS The TOS may be modified by MD Buyline upon notice to you. If MD Buyline sends you notice, via e-mail, posting on the Service or otherwise, of a modification, your continued use of the Services after such notice shall be deemed an acceptance of the modifications.

20. GENERAL PROVISIONS The TOS constitute the entire agreement between you and MD Buyline and govern your use of the Service, superseding any prior agreements between you and MD Buyline with respect to the subject matter contained in the TOS. The TOS may only be modified or amended as set forth above in Section 20 or otherwise in a writing signed by MD Buyline and you. The TOS and the relationship between you and MD Buyline shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and MD Buyline agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas. The failure of MD Buyline to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in the TOS are for convenience only and have no legal or contractual effect.

Privacy Policy

MD Buyline has created this privacy statement to demonstrate our commitment to user privacy. Privacy on the MD Buyline Web site (www.mdbuyline.com or "the Site") is of great importance to us. We gather important information from our visitors and customers, so we publish this Statement as a way to communicate our information gathering and use practices. We reserve the right to these practices and will provide notification of any change to this Privacy Policy at least thirty (30) business days prior to the change taking effect.

Information Collection and Use Practices

We require people who register to use the services offered on our Site to give us contact information. Depending on the service chosen, we ask for information such as user's name, company name, address, phone number, and e-mail address. We also gather information about each individual's role in the purchasing process for his or her institution. MD Buyline uses this information to set up accounts for and provide services to individuals and their organizations. We may also use the information to contact users and prospects to further discuss their interest in our company, the services we provide and ways we can improve them, and to send information regarding our company or partners, such as promotions, newsletters and notices of events. Contact and survey information related directly to specific services requiring content sharing, such as software efficiency tool downloads, may also be disclosed to the sponsors of those services. In addition, the contact information is used to facilitate communication between the parties exchanging Inquiries and responses via the Site. Information gathered during the creation of an inquiry is shared only with the supplier specified by the user making the inquiry.

All financial and billing information that we collect is used solely to bill for Services. This billing information is not used by MD Buyline for marketing or promotional purposes. MD Buyline will not review, share, distribute, print, or reference any personal information it collects except as provided in this Privacy Policy or the MD Buyline Terms of Service, or as may be required by law.

MD Buyline may also collect certain information from visitors to and customers of the Site, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

Cookies

Cookies are files Web browsers place on a computer's hard drive. They are used to help us authenticate users and provide time saving shortcuts and preferences.

Third Party Sites

The Site contains links to other Web sites. MD Buyline is not responsible for the privacy practices or the content of these other Web sites. It is the responsibility of the user to keep his or her information private and confidential when visiting other Web sites.

Security

Users are responsible for maintaining the confidentiality and security of their access number(s), password(s) and/or account number(s). Users must notify MD Buyline immediately if you become aware of any loss or theft or unauthorized use of any access number(s), password(s) and/or account number(s). Our Site has security measures in place to help protect against the loss, misuse, and alteration of the data under our control. MD Buyline uses a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, MD Buyline provides unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data. However, no data transmission over the Internet is 100% secure, and MD Buyline cannot guarantee or warrant the security of information when it is transmitted over the Internet to or through the Site. Transmission of such information is therefore at the risk of the user.

Correcting & Updating Your Information

If users need to update or change registration information they may do so by editing the user or organization record. To update a user profile or billing information, please email member.services@mdbuyline.com or call 1-800-375-5463.

Additional Information

Questions regarding this Statement or the practices of this Site should be directed to member.services@mdbuyline.com.