Terms & Conditions

Terms & Conditions

These Terms of Use, together with all other disclaimers set forth on this website, including without limitation the disclaimers and terms set forth in the "Impressum/Imprint" under the heading "Haftungsausschluss und Urheberrecht", (collectively, these "Terms of Use") govern your access to and use of this web site (the "Site"), which is owned and operated by Molecular Health GmbH, together with its wholly-owned subsidiary Molecular Health Inc., (collectively "Molecular Health"). These Terms of Use also govern your access to and use of all information, text, graphics, or other materials appearing on the Site (the "Content"), including information, text, articles, graphics, or other materials on the Site that is owned by Molecular Health or its affiliates (the "MH Content") or those belonging to or originating from third-parties (the "Third Party Content"). Your access to and use of the Site and Content are expressly conditioned on your compliance with these Terms of Use.

Please read the follwoing information carfully. By using the site or content, you indicate your agreement to be bound by these terms of use as set forth below. If you do not agree to these terms of use, promplty exit this site and do not use the site or content.

These Terms of Use are a legally binding agreement between each user ("you" and "your") and Molecular Health. By using the Site or Content, you agree that you understand these Terms of Use, and that you consent to be bound by all of its terms and conditions. These Terms of Use set forth your rights and obligations with respect to your use of the Site or Content.

The information on this website is directed to and solely for the benefit of physicians. The information about the products and services of Molecular Health on this Site is directed to and solely for the benefit of physicians and not to any other person.  The products and services of Molecular Health on this Site cannot be ordered by patients or consumers.

The Site Does Not Provide Medical or Professional Service Advice. Nothing contained on the Site is intended to constitute medical advice, instruction for medical diagnosis, or instruction for treatment.  Any information provided on the Site should not be considered complete, nor should it be relied on to suggest a diagnosis or course of treatment for a particular individual.  Information received from the Site should not be relied upon for personal, medical, legal, technical, or financial decisions.  It should not be used in place of the consultation or advice of a physician or other qualified healthcare provider.  Molecular Health does not, through the Site or otherwise, directly or indirectly practice medicine, render medical advice, or provide medical services.

Modification of Terms of Use

Molecular Health may revise these Terms of Use at any time and from time to time, and by your continued use of the Site or Content you agree to be bound by future revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use or other notice on the Site. It is your responsibility to periodically visit the "Terms of Use" link at the bottom of the Site to review the most current version of the Terms. We expressly reserve the right to make any changes to these Terms of Use, or to the Site and its Content, at any time and from time to time, without prior notice to you. You may not modify or revise these Terms of Use and no modification of the Terms of Use by you are binding on Molecular Health.

Privacy

See Molecular Health's Privacy Policy for information and notices concerning Molecular Health's collection and use of your personal information. Information that you provide or that we collect about you and your organization, in connection with your access to and use of the Site, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms of Use by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.

License; Restrictions on Use

The Content of the Site, including the text, images, audio and video, are copyrighted and the property of Molecular Health and/or its subsidiaries, affiliates, vendors and licensors, except that any Third Party Content are the property of third parties. The Content of the Site may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Molecular Health, except that Molecular Health grants you a nonexclusive, non-transferable, limited revocable license to access and view the Site and the MH Content (but not any Third Party Content) displayed on the Site while accessing the Site solely for your personal internal non-commercial use, and for no other purpose, and for you to download, view, and print a single copy of any MH Content posted on the Site, solely for your personal internal non-commercial purposes only and for no other purpose, and in each case subject to the restrictions set forth in these Terms of Use, provided that you keep intact all copyright, trademark and all other proprietary notices. Before making copies of downloadable items, you will destroy existing copies of such items in your possession or control. For purposes of these Terms of Use, any use of the Content on any other web site or networked computer environment for any purpose is strictly prohibited. As a condition of your use of the Site, you warrant to Molecular Health that you will not use the Site or the Content for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use the Site and any Content shall automatically and immediately terminate and you must immediately destroy any downloaded or printed Content.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site.

Any rights not expressly granted by these Terms of Use are reserved by Molecular Health and/or its vendors and licensors.

Certain Additional Prohibitions

You agree not to do any of the following while using the Site or Content:

• Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• Access, tamper with, or use non-public areas of the Site, including without limitation any area or content that is accessible directly or indirectly through the hyperlink "Client Login", Molecular Health's computer systems, or the technical delivery systems of Molecular Health's providers;
• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
• Attempt to access or search the Site or Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Molecular Health or other generally available third party web browsers;
• Send unsolicited email, junk mail, "spam", or chain letters, or promotions or advertisements for products or services;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
• Impersonate or misrepresent your affiliation with any person or entity, including Molecular Health or any of its affiliates or partners or any physician or other authorized user, or with any product of service of Molecular Health.

Molecular Health will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Molecular Health may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Molecular Health has no obligation to monitor your access to or use of the Site and Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Molecular Health Property

All right, title, and interest in and to the Site and the Content are and will remain the exclusive property of Molecular Health and its licensors. The Site and the Content are protected by copyright, trademark, and other laws of the United States and other countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works or transformative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site or Content. You may not copy or modify the HTML code used to generate web pages on the Site. Molecular Health respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder's rights.

Submissions

Any ideas, copy, proposals, inventions, product and/or service modifications, methodologies, suggestions or similar communications you transmit to the Site by electronic mail or otherwise is, and will be treated as, nonconfidential and nonproprietary. Any such materials automatically becomes the property of Molecular Health and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, developing, manufacturing and marketing products, services, technologies or databases using such information.

Third-Party Web Sites and Content

The Site may contain links to other Web sites ("Third Party Sites") as well as Third Party Content. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Molecular Health, and Molecular Health is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Content. If you decide to leave the Site and access the Third Party Sites or to view or use any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site.  The site accessible from the hyperlink 'Client Login' is not a Third Party Site but owned and operated by Molecular Health.

You acknowledge and agree that Molecular Health is not responsible or liable for: (i) the availability or accuracy of any Third Party Site; or (ii) the content, products, or services on or available from such Third Party Sites. Inclusion of, linking to, or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Molecular Health or resources or the content, products, or services available from such Third Party Sites, and does not imply approval or endorsement of Molecular Health, its products or services, by the owner or operator of such Third Party Sites or the content, products, or services available from such Third Party Sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Sites. Molecular Health makes no representations whatsoever about any such Third Party Sites or Third Party Content that you may access through the Site. When you access a non-Molecular Health site, please understand that it is independent from Molecular Health, and that Molecular Health has no control over the content on such other web site. A hyperlink to a non-Molecular Health Web site does not mean that Molecular Health accepts any responsibility for the content, or the use, of the linked web site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the Third Party Sites linked to the Site, you do this entirely at your own risk.

Links to the Site

Without our express, prior and written permission, it is expressly prohibited to: (a) "frame" the Site or any Content thereof or otherwise cause the Site or any Content thereof to appear in a window with any other material that does not constitute Content of the Site; (b) cause the hyperlink to the Site or any Content of the Site to be displayed in any way that is disparaging to Molecular Health or any entity that is affiliated or associated with Molecular Health; or (c) otherwise imply or state that any type of relationship or special arrangements exist with Molecular Health and any other entity.

Infringement Notices

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Molecular Health's Designated Agent. All inquiries not relevant to the following procedure will not receive a response.

As provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Site:

Doreen Ng, Molecular Health, Inc., 70 Fargo Street, Suite 900, Boston, MA 02210, Telephone: (617) 901-5939, Email: DoreenPeiChing.Ng@molecularhealth.com.

If you believe any Content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

1.    A physical or electronic signature of the copyright owner or authorized agent;
2.    Identification of the copyrighted work(s) claimed to have been infringed;
3.    Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4.    Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
5.    A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6.    A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Use of the Site at Your Own Risk

Your access to and use of the Site and Content is at your own risk. Molecular Health and any of its affiliates or licensors will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or Content.

Accuracy and Integrity of Information

Although Molecular Health attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or the Content. It is possible that the Site could include typographical errors, inaccuracies, and other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Molecular Health so that it can be corrected. Information contained on the Site may be changed or updated without notice. Molecular Health does not guarantee the integrity or accurateness of any content uploaded to the site by any user or by any other third-party, including, but not limited to, the Content, and Molecular Health shall not be responsible for any content uploaded to the site by any user, or by any other third party.

Disclaimers; The Site is Available "AS-IS"

The Site may be temporarily unavailable from time to time for maintenance or other reasons. Molecular Health assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications or submissions. Molecular Health is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including, but not limited to, injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site. Under no circumstances will Molecular Health be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone's use of the Site or the Content posted on or through the Site, or any interactions between users of the Site, whether online or offline.

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" (WITH ALL FAULTS), WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOLECULAR HEALTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MOLECULAR HEALTH MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOLECULAR HEALTH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR OF THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOLECULAR HEALTH OR THROUGH THE SITE OR ANY CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND HYPERLINKED WEB SITES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOLECULAR HEALTH OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WITHOUT LIMITING THE FOREGOING, MOLECULAR HEALTH IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY CONTENT POSTED ON THE SITE OR LINKED TO FROM THE SITE.

Indemnity

You agree to defend, indemnify, and hold harmless Molecular Health, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, from and against any claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Content, your conduct in connection with the Site or your violation of these Terms of Use or of any law or the rights of any third-party.

Limitation of Liability

To the maximum extent permitted by applicable law, Molecular HEalth and its affiliates, vendors, licencors and other third-parties mentioned on the site, and any other party involved in creating, producing, or delivering the site or content, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of relating in any way to the site or any content, or information containted withing the site, and/or any hyperlinked website, or your access to or use of, or inability to access or use, the site or content, whether based on warranty, contract, tort, or any other legal theory and whether or not advised or the possibility of such damages. Your sole remedy for dissatisfaction with the site, services and/or hyperlinked web sites is to stop using the site and/or those services, whether or not Molecular Health has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. Applicable law may not incidental or censequential damages, so the above limitation or exclusion may not apply to you.

You specifically acknowledge that Molecular Health is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Molecular Health and its affiliates will have no liabiltiy to you or to any third party for any third-party content posted on or available from the site or linked from the site.
The limitations of damages set forth above are fundamental elements of the basisi of the bargain between Molecular Health and you.

Controlling Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or the Content or these Terms will be exclusively resolved in the courts located in Boston, Massachusetts and the U.S. District Court for the District of Massachusetts, to the extent such U.S. District Court has independent subject matter jurisdiction, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Severability

In the event that any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

Any failure of Molecular Health to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Termination

Molecular Health may terminate your use of or prohibit you from using or accessing the Site or the Content (or any portion, aspect, or feature of the Site) for any reason, at any time in its sole discretion, with or without notice, including, without limitation, if you violate any of these Terms of Use or if it believes that you are under 13 years of age. Molecular Health reserves the right to revoke your access to and use of the Site or the Content at any time, with or without cause. Molecular Health also reserves the right to cease operating the Site or providing Content or to change the Site or Content at any time and without notice.

Entire Agreement

These Terms of Use constitute the entire and exclusive agreement between Molecular Health and you regarding the Site and the Content, and these Terms of Use supersede and replace any prior agreements between Molecular Health and you regarding the Site or the Content. If you have any questions about these Terms of Use, please contact Molecular Health at info@MolecularHealth.com. You can also send your request to:
Molecular Health, Inc.
70 Fargo Street
Suite 900
Boston, MA 02210
USA

Trademarks

Molecular Health, the Molecular Health Logo (including with the arrow and disk),  the Molecular Health Logo, MH GUIDE, MH EFFECT, COPE, NEPOR and other Molecular Health works, graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trademarks or trade dress of Molecular Health in the US and/or other countries. Molecular Health’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Molecular Health. Other trademarks are the property of their respective owners.