TERMS OF USE

• Disclaimer
  • The content of our products and services are for informational purposes only. This site does not replace the advice of a physician. Information provided by MedicalWorks on our site, in our products, or services, is not designed nor intended to replace consultations with qualified professionals regarding your own situation. Please read our complete Terms of Use and our Legal statements.
  • Due to the nature of health education, this Site or our products may deal in topics of a sexual or behavioral nature that may be considered uncomfortable, inappropriate or explicit by some individuals. If you find these materials offensive, or consider those in your charge not have the emotional readiness for such health-related topics, you may want to carefully select which MedicalWorks products you use.
  • Use of the MedicalWorks Site, MedicalWorks products and services, or the Internet is at your own risk. See Warranty and Liability section for more information.

• Privacy Policy
  MedicalWorks is ever vigilant regarding our users' privacy. Our privacy policy explains:
  • Information Collected
  • Information Collection Methods
  • User Right of Refusal
  • Personal Privacy Choices
  • Uses for Information Gathered
  • MedicalWorks' Access to Data
  • Data Security
  • Sharing of Data
  • Third Party Links
  • Privacy Policy Contact Information
  
  Our privacy policies apply to all MedicalWorks online data gathering, whether through product purchase and download, site registration or online community membership. Our online privacy policies do not apply to data gathered offline.
  
  Safe Harbor
  MedicalWorks voluntarily follows the Safe Harbor principles as set forth by the United States Department of Commerce regarding the collection, use, and retention of data from the European Union and the prohibiting of personal data transfer to non-European Union nations that do not meet the European "adequacy" standard for privacy protection.
  • Information Collected
    • Information for communications purposes, such as contact information (name, email, phone number, address, IP addresses, etc.)
    • Information collected to better serve users or improve a user's online experience, such as user preferences, user selected default settings, and cookies that help us analyze site usage.
  • Information Collection Methods
    • Registration / Membership forms
    • Online Surveys
    • Email inquiries sent to users
    • Online Purchases / Inquiries
    • Emails received by users
    • Newsletters / announcements
    • Usage patterns (tracking site usage via cookies, click-throughs)
  • User right of refusal
    If you choose not to provide certain personal information as requested, we may not be able to provide you with the services, products or access requested. You may at anytime, however, access our basic web site and pages without registering or providing any personal information. If we are required to deny you use of certain areas of our site, this will, of course, considerably limit your experience of our offerings.
  • Personal Privacy Choices
    We value your patronage and your privacy is important to us. If you wish to change your personal information, your preferences or if you do not wish to receive communications from us or our affiliates, you may update your information or opt-out of communications at any time. Email us at support@medicalworks.com, and your requests will be honored promptly.
  • Uses for Information Gathered
    Primarily, the data we gather is aggregated and analyzed for usage trends to improve our products and services. Any individual data collected is primarily for communications purposes and is securely maintained. User information is only collected as it is deemed reasonably necessary to fulfill online requests and for legitimate business purposes of MedicalWorks.
  • MedicalWorks Access to Data
    Information gathered is stored in a secure database and data reports are run by web management personnel and analyzed by marketing and business development personnel to improve site usability, service responsiveness and consumer satisfaction. Aggregated data is also shared with the product developers to improve our product offerings.
  • Data Security
    In addition to our security measures to protect the integrity of the data we gather, MedicalWorks also stores its data in secure operating environments and allows only certain authorized employees to access the data.
  • Sharing of Data
    • Aggregated data may be shared with Sponsors, Partners, Advertisers and/or Investors (Affiliates).
    • Occasionally, MedicalWorks may share your personal information with vendors who use it solely to provide support for the internal operations of our website, such as tracking and analysis of programs/services, technical support, order fulfillment, or newsletter/announcement delivery services. These entities will not use your personal information for any other purpose, and agree to maintain the confidentiality, security, and integrity of the personal information they obtain from us.
    • It is MedicalWorks' policy not to sell or rent your personal information. If appropriate, we may disclose your personal information to outside third parties as described in our privacy policy, above. It may also be appropriate to disclose your information in the good faith belief we are required to by law or in order to respond to claims, comply with legal processes or protect the public's or MedicalWorks' rights, property or personal safety.
  • Third Party Links
    MedicalWorks' Site, products and services may contain links to other sites controlled by third parties. These parties are separate from MedicalWorks and not under our control, and therefore are not bound by our privacy policies. We encourage you to review the privacy policies of third party sites before you provide them with any personal information.
  • Privacy Policy Contact Information
    If you have any questions, complaints or comments regarding our privacy policy or practices, please contact us via email at support@medicalworks.com, or by regular mail at:

    
    MedicalWorks
    P.O. Box 67297
    Scotts Valley, CA 95067

    By accepting these terms and policies, you are signifying your agreement to our Online Privacy Policy. If you do not agree with the above policy, please do not use our site. Periodically, we will make changes to the site and to this policy, and retain the legal right to do so. Please review our Online Privacy Policy periodically to ensure you are abreast of any changes. Your continued use of our site indicates your continued acceptance of our Online Privacy Policy.

• Appropriate Online Conduct
  Our Appropriate Online Conduct section explains the kind of behavior we expect from those registered to use any and all MedicalWorks' products and services and the terms by which we make our products and services available. As is the nature of hosted games and communities, our products and services are dynamic. Therefore this section and check back often to review our policies for any changes.
  • Communications Standards
    • Content
      • MedicalWorks employs software filters to block inappropriate letter or word combinations in our hosted products and online communities. MedicalWorks reserves the right to review and delete any content we perceive may be objectionable to other users. However, MedicalWorks cannot edit all content posted to or communicated via our products and services, and therefore, we assume no liability or responsibility for the content provided by users. Nor does MedicalWorks assume any liability for any delay or failure to remove content that may be perceived as objectionable.
      • All user content submitted to any MedicalWorks online community, chat, forum, game or similar vehicle is subject to MedicalWorks' Communications Standards. Any communication by users not meeting those standards is subject to removal. Users violating our Communications Standards are subject to a warning, or terminating of your membership or other user participation status.
      • As MedicalWorks has products for Youth, Teens, Adults and the General Public, our Communications Standards may be different for different vehicles (online communities, forums, products, services, games, etc.) due to the intended target audience for that vehicle. Similarly, as some MedicalWorks products and services deal with age appropriate issues such as drug, alcohol or tobacco use, certain words filtered or determined offensive for some vehicles may be allowed or even required for these other vehicles due to the nature of their topic. MedicalWorks retains the right determine which letters, words, phrases and any other forms of communications are appropriate for any given vehicle.
      • Communications that include topics, words or inferences of hate speech, vulgar language, crude or explicit sexual references, discussions promoting drug or alcohol use are NEVER acceptable. MedicalWorks reserves the sole right to determine which communications are considered offensive or inappropriate and take action as previously defined, above.
      • Never communicate content related to your personal identification, contact information including email addresses or telephone numbers, credit card numbers, social security or driver's license numbers, passwords, or similar personal information. MedicalWorks moderators will never request such content from online community, forum or game users, etc. If you have lost your login or password, email us a request and the information will be furnished to you via your registered email address on file with us.
      • CONTENT RULE OF THUMB – Say only what you would be comfortable saying while standing in a large office occupied by colleagues and management.
    • Conduct
      • You are personally responsible for all your activities and communications in any MedicalWorks online community, chat, forum, game, etc., and for the behavior and communication content of anyone you allow to use your membership or account.
      • MedicalWorks and its affiliates are indemnified and held harmless from any liability or damages related to your conduct or any content you place on any MedicalWorks service.
      • The following activities by you, or someone using your login and password, violate MedicalWorks' Terms of Service:
        • DO NOT perform conduct against another user or member that is unwanted. Do not threaten, embarrass or in any way harass other users. Debating over a topic is appropriate, attacking someone personally, is not.
        • DO NOT Post, upload, distribute or in any way transmit objectionable content. Hate speech, crude and vulgar language, or invasion of personal privacy and other objectionable content are not tolerated.
        • NEVER promote or encourage any illegal activity. Do not encourage illegal drug use, computer hacking, distribution of or provide access to pirated or counterfeit software.
        • DO NOT Post, upload, distribute or in any way transmit content that is illegal.
        • DO NOT participate in or encourage online vandalism. Do not flood MedicalWorks' services with excessive text or large images to disrupt users' ability to use the site or service.
        • DO NOT perform any illegal activities online. Any activity that is or can be perceived as illegal IRL (in the real world), is also illegal online. We will terminate services and fully cooperate with the authorities should you perform an illegal activity.
        • DO NOT misrepresent yourself. Do not mislead users through false claims or impersonating other individuals, from other users and MedicalWorks affiliates, to celebrities.
        • DO NOT ask for any private information from any user. Do not request personal information, email addresses, account information, passwords, etc., from others using MedicalWorks' services.
        • DO NOT post or upload any content that you do not own, unless you have permission to distribute that property freely and can prove license to do so.
        • DO NOT post, upload or point users to files that contain viruses or corrupted data.
        • DO NOT post or upload promotional materials or content.
        • DO NOT make false claims to MedicalWorks personnel regarding other users.
• E-Commerce
  MedicalWorks is currently developing a secure e-commerce solution to process your online orders. Until our e-commerce solution is implemented, you may send us an email request for quote by clicking on a product's BUY button.
  • Purchase Process
    • When we receive your email request for quote, a MedicalWorks associate contacts you to provide pricing and shipping information.
    • MedicalWorks associates then confirm the order, verify the order information, review purchase terms, and process the order for delivery.
    • Orders may be delivered via Internet download, email, or CD Rom shipment dependent upon the product or service purchased, as agreed to during the Purchase Process by both the purchaser and MedicalWorks.
  • Transaction Security
    • The security of your quote and order acknowledgement will depend upon the security of your email account, fax or telephone line.
  • Taxation
    • Prices indicated on this site do not include Taxation which, where applicable, shall be paid by the Client at the rate appropriate to the client's locale.
  • Return Policy
    Your satisfaction is very important to MedicalWorks. Please read the following procedures, or review your product / service contract provided with your original purchase.
    • Products: If you should need to return a product, you may return the item within 30 days of delivery for a refund of the purchase price, minus the shipping, handling or other charges. Returned products must arrive in good condition in original packaging and will all paperwork, instructions, manuals, parts and accessories to receive a full credit.
    • Services: Should you need to cancel a service, contact MedicalWorks immediately. If you are on a monthly billing cycle, we will cancel your service as of the last day of the month in which you requested cancellation and will not bill you for subsequent months. If you are on a three-month or longer billing cycle, see your service contract (provided with your original purchase) for specific details regarding your rights and obligations in the cancellation of your service contract.
• Warrantee & Liability
  • As a user of the MedicalWorks site, products or services, you expressly agree the use of MedicalWorks.com, MedicalWorks software, and the Internet, is at your own risk. MedicalWorks.com, MedicalWorks software and third-party services and products are provided on an "as is" and "as available" basis for your use without warrantees of any kind, either express or implied, unless such warranties are legally incapable of exclusion. MedicalWorks provides its products and services on a commercially reasonable basis and does not guarantee you will be able to access or use online or hosted services or products at times or locations of your choosing, or that MedicalWorks will have adequate capacity for the online or hosted services as a whole or in any specific geographic area.
  • As a user of the MedicalWorks site, products or services, you acknowledge and agree your sole and exclusive remedy for any dispute with MedicalWorks is to stop using the service or product, or cancel your online or hosted account as stated in the online membership agreement. You acknowledge and agree that MedicalWorks Inc., and any affiliated organization, are not liable for any act or failure to act by them or any other person regarding conduct, communication or content related to the online or hosted services of MedicalWorks. In no case shall MedicalWorks or its parents, subsidiaries, affiliates, employees, officers or directors (collectively MedicalWorks affiliates) liability to you exceed the amount you paid to MedicalWorks for the service. In no case shall MedicalWorks or MedicalWorks affiliates be liable for incidental or consequential damages arising from your use of any MedicalWorks product or service, the Internet or for any other clain related in any way to your use of or membership with MedicalWorks, its online or hosted products and services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, MedicalWorks' and MedicalWorks' affiliates' liability shall be limited to the full extent permitted by law. MedicalWorks does not endorse, warrant or guarantee any third party product or service offered through MedicalWorks and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

LEGAL

• Copyrights & Patents
  • MedicalWorks owns various intellectual property rights associated with its games. A copyright is the exclusive legal right held by an entity to reproduce, publish, sell and distribute the matter and form (be it a literary, musical or artistic work). A patent is the legal recognition of exclusive control and possession of a particular item or intellectual property to establish proprietary rights.
  • MedicalWorks owns copyrights and patents, or has patents pending, in its game/software algorithms, software applications; graphics and other artwork; communications materials; music and sound cues; and several other aspects of our products.
  • MedicalWorks retains the legal copyright to all company web sites, and all MedicalWorks communications, products and services.
• Trademarks
  • Trademarks are devices such as distinctive marks, names, words, logos, designs and symbols that point to the origin of ownership for a product or service, and are legally reserved for the exclusive use of the owner as maker or seller. MedicalWorks markets its products and services under several pending and legally registered trademarks, including: MedicalWorks™ and Mind & Mayhem™. It is MedicalWorks' intent to register its U.S. trademarks worldwide, generally in international goods classifications 9 and 28, and international services classifications 41 and 42.
  • MedicalWorks™ is a registered trademark of MedicalWorks Inc. All other trademarks and service marks contained in this site, in other company communications, and in our products and services are the property of their respective owners.
• Counterfeit/Pirate Products
  The production, distribution, or sale of counterfeit or pirate products is illegal. Counterfeit/pirate copies of MedicalWorks' products may include counterfeit CD Roms, illegal copies of MedicalWorks software originally purchased and downloaded from the Internet, and any other illegal reproductive means by which MedicalWorks is defrauded from receiving due compensation for a legal copy of its products.
  • Losses
    According to the Interactive Digital Software Association (IDSA), the entertainment software industry lost over $3 billion in 2001 to software piracy. (http://www.idsa.com/piracy.html)
  • Pirated / Counterfeit Software Characteristics
    Please contact MedicalWorks if you suspect your product is a counterfeit or pirate copy. Our staff will review the characteristics of the software with you to determine if your product is authentic. In general, if the quality and/or price are in question, as both are unexpectedly low, it is possible you may have a pirate or counterfeit copy.
  • Anti-Piracy Policies
    To discourage piracy, we actively pursue civil and criminal enforcement of U.S. and International copyright and intellectual property laws. We fully cooperate with U.S. government agencies including the United States Trade Representative, and stand ready to assist foreign government agencies and officials. We feel it is our duty to cooperate with law enforcement officers, U.S. Embassy officials and customs agents. Additionally, we fully abide by all copyright and trademark laws and support any legislation which seeks to protect the rights of ownership and fair trade.
  • Report Piracy
    Consumers can assist with the reduction of piracy by only purchasing original, legal copies of MedicalWorks products. If you know of any counterfeit MedicalWorks software products, please report them in writing to us by sending an email to: support@medicalworks.com.

© 2003 MedicalWorks, Inc. All rights reserved.