Terms of Use

These Terms of Use (these “Terms”) govern all use of the website made available by Medical Specialties Incorporated (“we”, “us” or “our”) located at medspec.com (the “Site”) and all content, services and products available at or through the Site (the “Services”). In order to use the Site or Services or access the information contained on the Site, you must first read these Terms and agree, without modification, to all the terms and conditions contained herein.

BY ACCESSING AND/OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE OR ACCESS THE SITE OR SERVICES.

Changes to these Terms

We may add to, modify, or otherwise update these Terms from time to time in our sole discretion. If we make a material change to these Terms, then we will notify you that a new version of these Terms has been posted to the Site or Services. You should review these Terms for any additions, modifications or updates each time that you access the Site or use any of the Services. Your use of the Site or Services is governed by the Terms effective at the time of your use, and your use of the Site or Services following any additions, modifications or updates to these Terms constitutes your acceptance of such additions, modifications or updates.

Privacy

We have established a privacy policy to explain to you how your personal information is collected and used by us. Please review the privacy policy to understand our practices. The privacy policy is located here.

Using the Site and Services

Eligibility. In order to use the Site and Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms.
Availability. We may modify, update, interrupt, suspend or discontinue the Site or Services, or any portion of the Site or Services, at any time in our sole discretion without notice. The Site and Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.
Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferrable, revocable license to access and use the Site and Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell or otherwise exploit for any commercial or any other non-personal purpose the Site, Services or any content contained or made available via the Site or Services without our express written consent. The foregoing license granted by us immediately terminates if you do not comply with these Terms.
Termination of Account. We reserve the right, in our sole discretion, to determine whether your use of the Site and/or Services is consistent with these Terms. We, in our sole discretion, may suspend, restrict or terminate your use of the Site and/or Services if your use fails to comply with these Terms.

Restrictions on Use

In connection with your use of the Site and Services, you represent and warrant to us that you:

are at least 18 years of age;
will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Services;
will not access, retrieve, scrape, index, download or copy any information contained on the Site or Services through artificial means, such as spiders, bots, hacking devices or other means;
will not attempt to gain unauthorized access to the Site or Services, the accounts of other users of the Site or Services, or other computer systems or networks connected to the Site or Services;
will not use the Site or Services in any way that could interfere with our rights or the rights of other users of the Site or Services;
will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or Services, features that prevent or restrict the use or copying of content on the Site or Services, or features that enforce limitations on the use of the Site or Services;
will not post any defamatory, illegal, infringing or misappropriated content to the Site or Services; and
will abide by all applicable laws.

Notice and Communications

You agree that we may communicate with you under these Terms through email or by posting any notices on the Site or Services. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on the Site or Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third Parties

The Site and Services may include links to other websites or applications (each, a “Third-Party Site”). We do not control or endorse any Third-Party Site. You agree that your use of a Third-Party Site is at your own risk and that we are not responsible for the availability or contents of any Third-Party Site.

Intellectual Property

All content and information on the Site and Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software is the exclusive property of us or our licensors and are protected by United States and international copyright laws.

All graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site and/or Services are trademarks or trade dress of us in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Site or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

No Warranty

THE SITE AND SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE SITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES AND THEIR OPERATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITE OR SERVICES WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR SERVICES OR FROM ANY INFORMATION OR CONTENT ON THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY OUR DULY AUTHORIZED REPRESENTATIVE.

Governing Law

These Terms and the relationship between you and us will be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Mecklenburg County and North Carolina and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.

Severability

These Terms are severable. If any provision contained in these Terms is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.

Entire Agreement

Effective Date: April 28, 2023