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TERMS OF USE


THIS IS A LEGALLY BINDING AGREEMENT


By accessing, viewing, downloading, or otherwise using MedicalCrossfire.com or any Web page or feature available through MedicalCrossfire.com, any information provided as part of the MedicalCrossfire.com services, or any related e-mails, newsletters, or services (hereinafter collectively the "Community Services"), or by becoming a MedicalCrossfire.com user ("User"), you are concluding a legally binding agreement based on the terms of this User Agreement ("User Agreement") with Medical Crossfire™, LLC d/b/a MedicalCrossfire.com, 21 Main Street, Suite 157, Hackensack, NJ 07601. All references to "Medical Crossfire™," "MedicalCrossfire.com," "we," "us," and "our" shall mean Medical Crossfire™, LLC. The term "Affiliate" shall mean any of our subsidiaries, affiliated companies, directors, officers, employees, owners, or agents.

 

If you do not want to become a User, do not conclude the User Agreement, do NOT click "Join MedicalCrossfire.com," and do not access, view, download, or otherwise use any MedicalCrossfire.com Web page, information, or services.

 

We encourage you to read this User Agreement. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.

 

Your Obligations

You are obligated to comply with all applicable laws, rules, and regulations, and the terms of this User Agreement, as it may be amended from time to time in our sole discretion. We will post any amendments to this User Agreement to our Web site.

 

You also agree to the following:

 

Appropriate Age, Purpose, and Authority

MedicalCrossfire.com is designed to be used solely for education and information purposes by adults who are US health care professionals. You represent and warrant to us that you (a) are at least 18 years of age; and (b) are a health care professional licensed within the United States; and (c) intend to use MedicalCrossfire.com solely for your own education and information purposes.

 

You further represent and warrant to us that you (a) have not previously been suspended or removed from MedicalCrossfire.com; (b) are not a direct competitor of MedicalCrossfire.com; and (c) have full power and authority to enter into this User Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to MedicalCrossfire.com.

 

Protect Your Password

You should keep your password confidential and prevent anyone else from using your User account. You are responsible for anything that happens through your account up until you (i) notify us of a breach of your password security (e-mail us at info@medicalcrossfire.com), (ii) close down your account, or (iii) prove that the breach of your account security was due to a fault of our systems. You are prohibited from selling, trading, or otherwise transferring your MedicalCrossfire.com account or any information therein to another party or charging anyone for access to any portion of MedicalCrossfire.com, or any information therein.

 

Submissions

As a User, you are not required to submit anything to us, but from time to time, you may choose to submit questions, comments, ideas, suggestions, feedback, or other information to us ("Submissions"). By using our Web site, you agree to, and have granted us, a nonexclusive, perpetual, irrevocable, worldwide, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, use, and commercialize, in any way now or in the future, whether presently known or unknown, anything in the Submission, without any further consent, notice, and/or compensation to you or to any third parties. You agree that all Submissions are nonconfidential and nonproprietary. You represent and warrant to us that any Submission is accurate, and is not in violation of any contractual restrictions or other third party rights. You further represent that any Submission is not confidential and you acknowledge that we have no obligation to treat any Submission with confidentiality. We cannot guarantee that other members will not use any of your Submissions nor are we responsible for any misuse. We reserve the right to withhold, remove, and/or discard any Submission with or without notice. We have no obligation to store, maintain, or provide you a copy of any Submission.

 

Each User grants MedicalCrossfire.com a license to use the Submission supplied by each such User. This license includes, inter alia, the right for us to reproduce, represent, adapt, translate, digitize, use for advertising purposes whether commercial or noncommercial, sublicense, or transfer the Submission over all or part of our Community Services and/or in any mailings of MedicalCrossfire.com and in general through any electronic communication media (e-mail, SMS, MMS, WAP, Internet, CD-ROM, or DVD).

 

Each User expressly authorizes MedicalCrossfire.com to modify any Submission in order to conform to the interface or display requirements of the Community Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question.

 

These rights are granted throughout the world and for the entire term of this User Agreement.

 

Not Engage in Any Prohibited Conduct

By using or accessing MedicalCrossfire.com, including the use of any of our Community Services, you represent, warrant, and agree that you will not do, nor attempt to do, any of the following:
  • Post, upload, e-mail, transmit, or otherwise distribute "time bomb," virus, drop-dead device, malicious logic, worm, Trojan horse, trap or backdoor virus, spyware, or other malware or other harmful computer code designed to interrupt, destroy, or limit the use of any computer software or hardware, or collect, use, or disseminate any message from or through any computer;
  • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer, or commercially exploit MedicalCrossfire.com (excluding your Submissions) except as expressly permitted in this User Agreement;
  • Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying intellectual property used to provide MedicalCrossfire.com, or any part thereof;
  • Imply or state, directly or indirectly, that you are affiliated with or endorsed by MedicalCrossfire.com unless you have entered into a written agreement with us;
  • Take any action that interferes with or disrupts any Community Service or any computers, networks, or other hardware connected to any Community Service, or disregard any of our requirements or policies of regarding connection with any Community Service;
  • Engage in "framing," "mirroring," or otherwise simulating the appearance or function of MedicalCrossfire.com’s Web site;
  • Attempt to or actually access MedicalCrossfire.com by any means other than through the interface provided by us;
  • Attempt to or actually override any security component of MedicalCrossfire.com;
  • Do anything that could disable, overburden, or impair the proper working of MedicalCrossfire.com or any Community Service;
  • Rent, lease, loan, trade, or sell/re-sell access to MedicalCrossfire.com or any information therein in whole or part;
  • Remove any copyright, trademark, or other proprietary rights notices contained in or on MedicalCrossfire.com, including those of both MedicalCrossfire.com or any third party;
  • Remove, cover, or otherwise obscure any form of advertisement included as part of MedicalCrossfire.com;
  • Adapt, modify, or create derivative works based on MedicalCrossfire.com or technology underlying the Community Services, or other Users’ Submissions or Content, in whole or part;
  • Infringe or use MedicalCrossfire.com’s brand, logos, and/or trademarks, including, without limitation, using the words "Medical Crossfire" or "MedicalCrossfire.com" in any business name, e-mail, or URL, or including MedicalCrossfire.com’s trademarks and logos on any Web site without authorization;
  • Post, upload, e-mail, transmit, or otherwise distribute any Content or Submission that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Post, upload, e-mail, transmit, or otherwise distribute any Content or Submission that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MedicalCrossfire.com in its sole discretion;
  • Post, upload, e-mail, transmit, or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising, or spam;
  • Use any robot, spider, scraper, or other automated means to access or use any data or other information stored or uploaded to MedicalCrossfire.com in violation of this User Agreement, or misuse or attempt to misuse any such data or information for any purpose;
  • Send spam or any other unauthorized advertisements or solicitations through or using MedicalCrossfire.com or any Community Service;
  • Harvest, collect, or use addresses, phone numbers, or e-mail addresses or other contact information (collectively "Contact Information") of registered users of MedicalCrossfire.com without the express written consent from such users and us;
  • Solicit private information (including, but not limited to, name, address, social security numbers, credit card numbers, and passwords or any other individually identifying information) from registered users of MedicalCrossfire.com;
  • Provide any false personal information in your registration information or profile, or create more than one profile, or impersonate another person or business entity;
  • Create registered user names, or post, solicit, or send messages, text, or photographs that are sexually explicit, or that denigrate, threaten, abuse, or harm others in any way;
  • Allow any other person or entity to use your identification to use any Community Service;
  • Stalk, intimidate, or otherwise harass another person;
  • Use MedicalCrossfire.com to conduct any contest or sweepstakes, or offer any coupon or other business or personal promotion without our prior written consent; or
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through any Community Service;
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying MedicalCrossfire.com or any Community Service;
  • Do anything that violates any local, state, national, or international laws; or
  • Do anything that is fraudulent, malicious, or could expose MedicalCrossfire.com or any of our Users to harm or liability.

Not Post Inappropriate Content or Submissions

By using or accessing MedicalCrossfire.com including, but not limited to, the use of any of our Community Services, you represent, warrant, and agree that you will not engage, nor attempt to engage, in any of the following:
  • Post any Submission that violates any applicable law, rule, regulation, or anyone’s rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
  • Post any Submission that is fraudulent or misleading;
  • Post any illegal drug or alcohol-related or other mature Submission;
  • Post any Submission that is threatening, profane, vulgar, hateful, malicious, racially or ethnically offensive, or that depicts nudity, pornography, or graphic or gratuitous violence; or
  • Post any advertisements or business solicitations without our prior written approval.

Privacy Policy

You should carefully read our Privacy Policy before deciding to become a User of MedicalCrossfire.com. Please note that certain information, statements, data, and content that you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion, and/or sexual orientation, and that you are providing all such information, statements, data, and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of any such information, statements, data, or content.

 

Indemnification

By using our Web site, you agree to indemnify, defend, and hold harmless Medical Crossfire™, LLC and its Affiliates from and against all losses, expenses, damages, costs, and settlements, including reasonable attorneys’ fees, resulting from your use of MedicalCrossfire.com including, but not limited to, any violation of the terms and conditions of this User Agreement.

 

Your Rights

On the condition that you comply with all your obligations under this User Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available Web browser (but not any scraping, spidering, crawling, or other technology or specialist software used to harvest data) to view information that we provide on MedicalCrossfire.com Web pages as we intend such information to be used, and only in accordance with this User Agreement and any specific terms of use that we make available to you. No other rights, implied or otherwise, are granted to you.

 

Our Rights and Obligations

MedicalCrossfire.com is designed and presented for education and information purposes only and is not for the purpose of rendering medical advice. This Web site is not instructional for medical diagnosis or treatment and should not be used as a substitute for competent medical treatment by a competent health care professional. The information contained in this Web site should not be relied on to suggest a course of treatment for a particular individual and is not exhaustive with regard to any disease, ailment, physical condition, or treatment. We reserve the right to update, improve, amend, discontinue, or modify in any manner any of the purposes, intent, the Community Services, content, layout, tools, rules, protocol, or any other aspect of MedicalCrossfire.com at any time in our sole discretion.

 

We allow you to access MedicalCrossfire.com as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this User Agreement. We may modify, replace, refuse access to, suspend, or discontinue MedicalCrossfire.com, partially or entirely. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Medical Crossfire™ and MedicalCrossfire.com and all related items.

 

MedicalCrossfire.com may include or automatically produce links to third-party Web sites ("Third-Party Sites"). MedicalCrossfire.com is not responsible for and does not endorse any advertising, products, or other materials on or available from such Web sites or resources. If you decide to leave MedicalCrossfire.com and access any Third-Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from MedicalCrossfire.com.

 

You acknowledge and agree that we may send you important information and notices regarding Medical Crossfire™ by e-mail or through other means, including mobile or other handheld devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive any information from us. You acknowledge, consent, and agree that we may access, preserve, and disclose your registration and any other information you provide 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 this User Agreement; (c) respond to claims of a violation of the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MedicalCrossfire.com, our Affiliates, Users, or any third party.

 

Disclaimer

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

DO NOT RELY ON MEDICALCROSSFIRE.COM OR ANY INFORMATION THAT IS PRESENTED HEREIN. MEDICALCROSSFIRE.COM AND ALL INFORMATION AND SERVICES PROVIDED HEREIN IS EXPRESSLY PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY MEDICALCROSSFIRE.COM OR ANYTHING RELATED TO MEDICALCROSSFIRE.COM, YOU MAY LEAVE MEDICALCROSSFIRE.COM AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION ENTITLED "TERMINATION" BELOW AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

 

MEDICALCROSSFIRE.COM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS, OR TRANSMISSION OF ANY OTHER USER-GENERATED CONTENT) SENT THROUGH MEDICALCROSSFIRE.COM TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF ANY COMMUNITY SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEB SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

 

MEDICALCROSSFIRE.COM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING MEDICALCROSSFIRE.COM OR ANY OF OUR COMMUNITY SERVICES. THEREFORE, MEDICALCROSSFIRE.COM DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

 

MEDICALCROSSFIRE.COM DOES NOT GUARANTEE THAT ANY OF THE COMMUNITY SERVICES THAT IT PROVIDES WILL FUNCTION WITHOUT ERROR OR INTERRUPTION. WE ANTICIPATE THAT THE OPERATION OF OUR WEB SITE AND THE COMMUNITY SERVICES WILL BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. MEDICALCROSSFIRE.COM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MEDICALCROSSFIRE.COM DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE MEDICALCROSSFIRE.COM SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO MEDICALCROSSFIRE.COM.

 

Limitation of Liability

Subject to the provisions contained in the following paragraph and irrespective of legal grounds, Medical Crossfire™, LLC and its Affiliates are liable only for damages resulting from the intentional misconduct or gross negligence of Medical Crossfire™, LLC and its Affiliates.

 

Neither MedicalCrossfire™, LLC nor any of our Affiliates shall be liable for any special, incidental, indirect, punitive, or consequential damages or loss of use, profit, revenue, or data to you or any third person arising from your use of MedicalCrossfire.com, the Community Services, or any of the content or other materials on, accessed through, or downloaded from MedicalCrossfire.com even if we are aware or have been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall apply regardless of whether you base your claim on contract, tort, statute, or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, unless otherwise mandated by applicable law that cannot be derogated from in this User Agreement.

 

Termination

You may terminate this User Agreement for any or no reason, at any time by ceasing to access MedicalCrossfire.com. We may terminate this User Agreement for any or no reason, at any time, with or without notice. In the event of termination for any reason, we may disable your access to MedicalCrossfire.com (including any Submissions you may have made), prohibit the further use of any Community Services, and bar you from any future use of MedicalCrossfire.com. The terms of this User Agreement shall survive any termination, except the Section entitled "Your Rights" above.

 

Choice of Law; Arbitration; Attorney Fees

This User Agreement and any disputes with us or any Affiliate arising out of or relating to this User Agreement or MedicalCrossfire.com ("Disputes") shall be governed by New Jersey law, excluding conflicts of law principles. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in New York City, New York, with a written decision stating the legal reasoning therefore, issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

 

General Terms

Severability

If any provision of this User Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of this User Agreement.

 

Notices

We may notify you via postings on MedicalCrossfire.com, and via e-mail or any other communications means to contact you based on information you provide to us. You may also notify us via e-mail at info@medicalcrossfire.com or by mail at MedicalCrossfire™, LLC, 21 Main Street, Suite 157, Hackensack, NJ 07601. Any notices that you provide that do not comply with this Section on Notices will have no legal effect.

 

Amendments to This User Agreement

We reserve the right to modify, supplement, or replace the terms of this User Agreement, effective upon posting at MedicalCrossfire.com or notifying you otherwise. If you do not want to agree to changes to this User Agreement, you can terminate the User Agreement at any time as described in the section entitled "Termination" above.

 

Entire Agreement

You agree that this User Agreement constitutes the entire, complete, and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of this User Agreement.

 

No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of MedicalCrossfire.com or the Community Services, the exploitation of any Content, Submission, advertising, or other materials displayed, used, or made accessible in connection therewith.

 

Beneficiaries

Our Affiliates are not parties, but intended third-party beneficiaries, of this User Agreement, with a right to enforce this User Agreement directly against you.

 

Assignment and Delegation

You may not assign or delegate any rights or obligations under this User Agreement, and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this User Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Medical Crossfire™, LLC for any third party that assumes our rights and obligations under this User Agreement.

 

Our Failure to Act Not a Waiver

Any failure on our party to act with respect to a breach by you or others, or our failure to take any legal action to which we may be entitled, shall not be construed as a waiver of our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by this User Agreement, no representations, statements, consents, waivers, or other acts or omissions by any employee or other person purporting to represent us or any of our Affiliates shall be deemed legally binding on us or any of our Affiliates, unless documented in a writing signed by a duly appointed officer of Medical Crossfire™, LLC.

 

Conduct or Submissions That Violate Our User Agreement or Otherwise Unlawful

The following information applies if you have a complaint regarding any Conduct or Submission made available through MedicalCrossfire.com in violation of this User Agreement or that is otherwise unlawful.

 

Notification

If you want to file a complaint based on your belief that any Conduct or Submission violates our User Agreement or is otherwise unlawful, you must send a notice to us at info@medicalcrossfire.com or by mail at:

 

Medical Crossfire™, LLC
ATTN: Complaint
21 Main Street
Suite 157
Hackensack, NJ 07601

 

The notice of complaint should include the following:
  1. Your name, address, telephone number, and e-mail address;
  2. A description of the specific Conduct or Submission that is the subject of your complaint and the reasons why you believe such Conduct or Submission violates our User Agreement or is otherwise unlawful;
  3. If a Submission is the basis of your complaint, description of the exact location on our Web site of the specified Submission; and
  4. Your electronic or physical signature (as appropriate).

When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the specified Conduct or Submission), and if appropriate in our judgment, remove or disable access to the specified Content or Submission. In such case, we may notify the source of the specified Conduct or Submission of your complaint and our action taken. In some cases, if the source of the specified Conduct or Submission provides us with information indicating that the specified Conduct or Submission has been removed wrongly, we may reinstate the specified Conduct or Submission in our sole discretion.

 

Complaint Regarding Copyright Infringement

The following information applies if you believe that any education or information content ("Content") or Submission made available through MedicalCrossfire.com is a violation of your copyright.

 

Notification

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Medical Crossfire™, LLC has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Medical Crossfire™, LLC Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. 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; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Medical Crossfire™, LLC’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at info@medicalcrossfire.com or by mail at:

 

Medical Crossfire™, LLC
ATTN: Copyright Agent
21 Main Street
Suite 157
Hackensack, NJ 07601

 

Upon receipt of the written notification containing the information as outlined in 1 through 6 above we may (i) remove or disable access to the material that is alleged to be infringing, (ii) forward the written notification to such alleged infringer, and (ii) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

 

Counter-Notification

If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification with our Copyright Agent for Notice at the e-mail address or physical address set forth above.

 

To be effective, a Counter-Notification must be a written communication provided to our Copyright Agent for Notice that includes the following information:
  1. A physical or electronic signature of the alleged infringer;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Medical Crossfire™, LLC may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above, we may (i) promptly provide you with a copy of the Counter-Notification, (ii) inform you that we will replace the removed material or cease disabling access to it within ten (10) business days, and (iii) replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided our Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain the alleged infringing User from engaging in infringing activity relating to the material on MedicalCrossfire.com’s system.

 

You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.