The following terms and conditions govern all use of the Broadcast Med LLC website located at https://mdelevated.com/ and the Broadcast Med LLC mobile application (collectively “Platform”) and all Broadcast Med LLC Content and Services made available by Broadcast Med LLC doing business as (d/b/a) MD Elevated, having its principal place of business at 90 State Street Suite 700, Office 40 Albany, NY, 12207 (“Broadcast Med LLC” or “We” or “Our”).
We partner with medical professionals to collaboratively create educational presentations and questions that target physician professional practice gaps to help move medicine closer to clinical practice guidelines. Broadcast Med LLC provides an interactive communications service for authors, reviewers, subscribers, and other users (collectively “Users” or “You” or “Your” or “Yourself”) to interact with other Users and/or to develop, contribute, edit, and share medical content including but not limited to medical news, editorial contributions, discussion forums, tutorials, feedback, reviews, presentations, comments through the use of Platform including posting or uploading of User Content ("Services"). The Services on this Platform are primarily intended for physicians and healthcare professionals though other Users such as non-medical professionals, educators, consumers, and students can access the Platform, Services, and Broadcast Med LLC Content subject to the terms and conditions hereunder under select circumstances.
Please read these Terms of Use ("Terms Of Use") which will govern Your access, registration, and use of the Platform, Services, and Broadcast Med LLC Content. If You do not agree with these Terms of Use, please do not use the Platform or Services or Broadcast Med LLC Content.
By using the Platform, Services or Broadcast Med LLC Content, you represent and warrant that:
- You are either above the age of majority as per the applicable laws to which You are subject or the age of eighteen (18) whichever is greater.
- You are of sound mind and have the right, authority, and capacity to agree to and abide by these Terms of Use.
- If You are accessing the Platform, Services, or Broadcast Med LLC Content on behalf of another entity or person, You are authorized to act on behalf of such entity or person and have the full authority to bind such person or entity to this Terms Of Use.
We reserve the right to deny access to or offer the Services, Platform, or Broadcast Med LLC Content to any person or entity. You are solely responsible for ensuring that these Terms of Use comply with all laws, rules, and regulations as applicable to You.
1. Account Creation
- 1.1. If You create an account on the Platform, You are responsible for all activities that occur under the account and any other actions You take thereto.
- 1.2.If You are under age of 18, You may only register for and use the Services under the supervision and guidance of an adult or Your guardian or parent, in which case the adult or the guardian or the parent shall be deemed to be the User and shall be responsible for any activities.
- 1.3.You will provide Broadcast Med LLC with Your accurate, complete, and true contact details (and promptly update the same as needed) including but not limited to name, age, telephone, email, postal address, employer, current position, specialty, and also notify Broadcast Med LLC in writing of any changes thereto. We may attempt to verify the accuracy, completeness, or truthfulness of the information You have provided and update it as necessary.
- 1.4.You agree not to:
- 1.4.1.Create or access an account using a false identity or any false or inaccurate information
- 1.4.2.Create or access an account on behalf of someone other than Yourself
- 1.4.3.Create an account if you have been previously removed or banned by Us
- 1.4.4.Have more than one account at any given time unless expressly permitted by Us
- 1.5.You will be responsible for maintaining the confidentiality and security of your account. If you feel that the security of your account information is compromised, you shall immediately change your username and password. You should also notify Us of any unauthorized uses of Your account or any other breaches of security. We will not be liable for any unauthorized access to or use of Your account.
2. Use of Platform, Services and Broadcast Med LLC Content
- 2.1.The Platform, Services, and the User Content made available on the Platform or Services ("Broadcast Med LLC Content") are protected by copyright and other intellectual property and proprietary rights laws throughout the world. Subject to the Terms of Use, Broadcast Med LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Platform, Services and to access, view, download, print or reproduce certain portions of Broadcast Med LLC Content, as designated by Us, solely to use the Services for your personal, educational, and non-commercial purposes.
3. Restrictions
The rights granted to You are subject to the following restrictions:
- 3.1.You shall not use, copy, disclose, decompile, reverse engineer, disassemble, adapt, modify, prepare derivative works, distribute, license, sell, transfer, transmit, publicly display, publicly perform, stream, broadcast or otherwise exploit the Platform, Services or Broadcast Med LLC Content except as expressly permitted herein.
- 3.2.You shall not remove any copyright, trademark registration, or other proprietary notices from the Platform, Services, or Broadcast Med LLC Content.
- 3.3.You will not infringe or use any of Our brands, logos, trademarks, or other proprietary marks for Your use.
- 3.4.You will not use the Platform, Services or Broadcast Med LLC Content to advertise any products or services.
- 3.5.You will not use the Platform, Services, or Broadcast Med LLC Content in any way which is harmful to Broadcast Med LLC interests.
- 3.6.You shall not use any software (including any automated software), devices, or another mechanism to "scrape" or download data from any web pages contained in the Platform or Services.
- 3.7.You will not use the Broadcast Med LLC Content for any similar companies, forums, or platforms that are similar to Our Platform or Services or use the Broadcast Med LLC Content to compete with or directly or indirectly be involved in a business that competes with Broadcast Med LLC.
- 3.8.You will not build a similar or competitive product or service using similar ideas, features, functionality, or graphics of the Platform or Service or Broadcast Med LLC Content.
- 3.9.You will not attempt to circumvent any technological measures related to the Platform or Services.
- 3.10.You will not interfere with or disrupt any of the Services on the Platform.
- 3.11.You will not interfere with the access or use of Services by other Users.
- 3.12.You will not intrude into other Users privacy rights or harvest information about other Users.
- 3.13.You will not transmit or introduce any kind of virus or any malware or harmful codes.
- 3.14.You will not use the Platform, Services, or Broadcast Med LLC Content in any way not permitted or authorized by these Terms of Use.
- 3.15.You will not impersonate or misrepresent Yourself while using the Platform, Services or Broadcast Med LLC Content.
- 3.16.Your will not post the Broadcast Med LLC Content on any platforms such as including but not limited to YouTube, Netflix, Vimeo without taking prior written authorization from Us.
4. User Content
- 4.1.If You open and operate an account on the Platform and/or use the Services, You may from time to time contribute, upload, post, or share any materials including but not limited to text, graphics, images, audio, presentations, figures, charts, tutorials, video, data, messages, feedback, slides (“User Content”). For the sake of clarity, User Content does not include any materials made available on or placed on the Platform by Broadcast Med LLC or any of its service providers or representatives.
- 4.2.You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to Us the rights in such User Content as specified in these Terms of Use.
- 4.3.You shall remove any information that constitutes personal health information that identifies an individual or could reasonably enable the identification of an individual before submitting any User Content on the Platform or utilizing the Services. You agree that any personal health information uploaded in the form of User Content will be accessible to other Users. Broadcast Med LLC is not responsible or liable for any damages or claims relating to the personal or sensitive information You have shared with other Users or posted with the User Content.
- 4.4.You are solely responsible and liable for the User Content that You make available on the Platform and that other Users of the Platform are similarly solely responsible for all User Content that they make available on the Platform. We will not be responsible for any liabilities or damages incurred due to the User Content or from any of Your acts or omissions related to the User Content.
- 4.5.You are solely responsible for Your interactions with other Users of the Platform and any other parties with whom you interact through the Services. We will not be responsible for any liabilities or damages incurred as the result of such interaction.
- 4.6.You agree to use all User Content and interact with other Users at your own risk.
- 4.7.You represent and warrant that:
- 4.7.1.The User Content does not and will not infringe any rights, including but not limited to the copyright, patent, trademark, design, trade secret rights, or any other type of intellectual property rights of any third party
- 4.7.2.You have and will receive appropriate authorizations from applicable third parties including but not limited to Your employers to post or make available such User Content on the Platform
- 4.7.3.You will comply with any third-party licenses relating to the User Content
- 4.7.4.The User Content does not contain any viruses, timebombs, worms, or similar malware or other harmful content or code
- 4.7.5.The User Content does not and will not be spam, chain letters, advertising or solicitation materials
- 4.7.6.The User Content does not and will not contain unethical, illegal, unlawful, obscene, pornographic, immoral, hateful, defamatory, discriminatory, threatening, disparaging, harassing, offensive, abusive elements or material
- 4.7.7.The User Content does not and will not violate the privacy laws or privacy rights of any third party
- 4.7.8.The User Content complies with and will comply with all applicable laws including, without limitation, privacy laws, export control laws, healthcare-related laws and medical and ethical practices now known or hereinafter developed
- 4.7.9.The User Content shall not include any sensitive personal information.
- 4.7.10.The User Content is not false, fraudulent, misrepresenting, misleading or deceptive
If You violate any of the above terms, Broadcast Med LLC, in addition to other rights that it may have in this Terms of Use or at law, shall be entitled to take actions such as including but not limited to removing or editing any objectionable User Content, removing, terminating or disabling Your access to the Platform or Services without notice and any further liability and in its sole discretion.
Broadcast Med LLC reserves the right to monitor Your use of the Platform, Services or User Content at any time and have the right in Our sole discretion to modify or remove any User Content
- that violates any applicable laws or these Terms of Use
- that creates or may create any type of liability for Us
- for any other reason in Our sole discretion
Broadcast Med LLC will not be responsible and disclaims all and any liability for any harm or damages resulting to You from the suspension of or disabling access to the Platform or Services under this agreement.
We implement appropriate technical and security measures to protect the User Content, however, We cannot guarantee the security of any User Content.
- 4.8.You grant Broadcast Med LLC a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable, transferable, perpetual right to use, copy, reproduce, modify, publish, transmit, disseminate, distribute, display, market, promote, sell, create derivative works from, and otherwise exploit such User Content in any form or medium whatsoever for any purpose. You grant Broadcast Med LLC the right to monetize User Content in any form or medium through itself, through its affiliates or any third parties. Any income or revenue derived from such monetization will be for the sole benefit of Broadcast Med LLC and you will not be entitled to any payments or royalties of any sort thereof and you waive any right to claim against Broadcast Med LLC for any such payments. Broadcast Med LLC solely reserves the right to determine and set from time to time the monetization sources and methods and the monetization may be performed through means including but not limited to promotions, sponsorship, endorsements, sweepstakes, or advertising. For the sake of clarity, any monetization may result in User Content being disseminated to other services or platforms whereby the User Content is combined with the content, product or services offered by such other platforms. Broadcast Med LLC does not have control on the policies of such third-party platforms and will not be responsible for any loss arising or sustained by you regarding any use of the User Content by such other platforms and you voluntarily assume this risk while submitting User Content to Broadcast Med LLC.
- 4.8.1.You agree at any time to take steps and do everything necessary to complete or acknowledge this transfer, at no expense to Broadcast Med LLC, including but not limited to, any assignment or registration with any appropriate governmental entity.
- 4.9.Broadcast Med LLC may record all the User Content delivered through the Platform. Such Content will become part of the Platform that is accessible to other Users and subject to the same terms and conditions thereafter.
5. Fees
- 5.1.Certain features of the Services may require premium access and any applicable payment of fees. You agree to pay to Broadcast Med LLC, as applicable, such fees (plus any applicable taxes) for such premium features as mentioned in Your subscription package.
- 5.2.You agree that once the subscription package is ordered, it is non-cancelable and any fees paid are non-refundable, except as provided herein.
6. Intellectual Property Rights
- 6.1.Except Your User Content, the Platform and Services and all trademarks, service marks, graphics, logos, designs, elements used in connection with the same, or any other information, content, materials of any kind available on the Platform or made available through the Services are trademarks or copyrights or other intellectual property rights of Broadcast Med LLC or its licensors and may not be used without Our permission.
- 6.2.Your use of the Platform or Services does not grant you any right or license to reproduce or otherwise use any of the intellectual property rights of Broadcast Med LLC or its licensors except as expressly stated herein.
7. Notice and Take Down Procedures
- 7.1.If You believe that Your material has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information:
- 7.1.1.Description and location of the copyrighted work that You claim has been infringed
- 7.1.2.Identification and location of the material that You believe to be infringing
- 7.1.3.Written statement by You indicating that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
- 7.1.4.Statement by You, made under penalty of perjury, that the information in your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf
- 7.1.5.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- 7.1.6.Your address, telephone and email address
Contact information for Broadcast Med LLC Copyright Agent for providing the above notice is Broadcast Med LLC, having its principal place of business at 90 State Street Suite 700, Office 40 Albany, NY, 12207, email: support@MDElevated.com.
8. Non-Transferable
- 8.1.You will not transfer Your account or access to the Platform, Services, or Broadcast Med LLC Content to any other person or entity without Broadcast Med LLC consent. This Terms of Use, Your rights and obligations hereunder, shall not be assigned, subcontracted, transferred by you without Our prior written consent, and any attempted transfer shall be considered as a violation of these Terms of Use.
- 8.2.Broadcast Med LLC reserves the right to assign this Terms of Use to any third party without Your consent.
9. Privacy Policy
- 9.1.The Broadcast Med LLC Privacy Policy, located at https://mdelevated.com/ provides information about Our collection, use, and disclosure practices related to personal information of Users and is incorporated into this Terms of Use.
- 9.1.You agree to use the Platform, Services, and Broadcast Med LLC Content as per the Privacy Policy.Third-Party Sites
10. Third-Party Sites
- 10.1.The Platform may contain links to third-party websites or resources which are not part of Broadcast Med LLC. Broadcast Med LLC does not:
- 10.1.1.Control, review or monitor such sites
- 10.1.2.Make any warranties or representations concerning such sites
- 10.1.3.Endorse such sites or any of their products or services
- 10.2.Broadcast Med LLC shall not be responsible or liable for these websites including but not limited to their resources, content, availability of the content, information therein.
- 10.3.You agree to use all such third-party sites at Your own risk.
11. Third-Party Interactions
- 11.1.Your dealings with or participation in any activities with any third parties located through the use of Services are solely between You and such third party. Broadcast Med LLC shall not be responsible or liable for any loss, claims or damage of any kind whatsoever arising or incurred due to such third party dealings.
12. Changes
- 12.1.Company may, in its sole discretion, make any changes to the Platform, Services, or Broadcast Med LLC Content that it deems necessary or useful to maintain or enhance the quality or delivery of the Services.
13. Termination
- 13.1.We may without prior notice discontinue Your use of the Platform, Services or Broadcast Med LLC Content (or any part thereof) or delete Your account and remove any User Content that You have made available, with or without notice, for reasons including but not limited to:
- 13.1.1.Your breach of any provisions in the Terms of Use
- 13.1.2.As required by law or directed by any regulatory authorities
- 13.1.3.Our decision to discontinue the Platform or Services (or any part thereof)
- 13.1.4.Any security issues
- 13.2.If You want to close the account, You may go into the account settings or request Us for closure of the account.
- 13.3.We may from time to time suspend or terminate access to all or a part of any Platform, Services, or Broadcast Med LLC Content, or limit the availability and accessibility to You as per Our discretion and without any reason.
Upon termination of your account or any part of it, your right to use such Services will automatically terminate immediately. You agree that all suspensions or terminations shall be made at Our sole discretion, and we shall not be liable or responsible to You or any third party for any resultant damages or claims arising or resulting to You or any third party due to such termination.
14. Disclaimer
- 14.1. THIS PLATFORM, SERVICES, AND BROADCAST MED LLC CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED ON "AS IS" BASIS AND "AS AVAILABLE" BASIS WITH ALL FAULTS.
- 14.2. WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, PERFORMANCE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- 14.3. THE ACCESS AND USE OF PLATFORM, SERVICES, AND BROADCAST MED LLC CONTENT MAY BE SUBJECT TO LIMITATIONS, DELAY, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES OR OTHER DAMAGES OR LOSS OR CLAIMS RESULTING FROM SUCH PROBLEMS.
- 14.4. WE DO NOT WARRANT THAT THE PLATFORM, SERVICES OR BROADCAST MED LLC CONTENT WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE, THAT THE PLATFORM, SERVICES OR BROADCAST MED LLC CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- 14.5. WE DO NOT PROVIDE ANY WARRANTY THAT THE USER CONTENT OR BROADCAST MED LLC CONTENT IS LATEST, ACCURATE, TRUTHFUL AND RELIABLE. WE DO NOT APPROVE, ENDORSE OR MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO USER CONTENT.
- 14.6. YOUR RELIANCE UPON THE PLATFORM, SERVICES AND BROADCAST MED LLC CONTENT IS SOLELY AT YOUR OWN RISK.
- 14.7. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT.
- 14.8. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, USERS, METHODS, TESTS, PHYSICIANS, HOSPITALS, CLINICS OR OPINIONS THAT MAY APPEAR ON THE PLATFORM OR SERVICES OR BROADCAST MED LLC CONTENT.
- 14.9. THE PLATFORM, SERVICES OR BROADCAST MED LLC CONTENT IS NOT A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE.
- 14.10. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE SERVICES OR BROADCAST MED LLC CONTENT AS RELATED TO YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PROFESSIONAL HEALTHCARE PROFESSIONAL.
- 14.11. NOTHING STATED OR POSTED ON THE PLATFORM OR SERVICES IS INTENDED TO BE, AND SHALL NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR COUNSELING CARE.
- 14.12. YOU MAY BE SUBJECT TO CERTAIN OBLIGATIONS AND RESPONSIBILITIES AS PER APPLICABLE LAWS IN THE JURISDICTION WHERE YOU PRACTICE ANY HEALTHCARE PROFESSION. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE COMPLIANCE (LEGAL OR OTHERWISE) OF THE PLATFORM, SERVICES OR BROADCAST MED LLC CONTENT AS APPLICABLE TO YOUR SPECIFIC PRACTICE AREA OR JURISDICTION AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE LAWS AND APPLICABLE STANDARDS RELATED TO YOUR JURISDICTION.
- 14.13. THE BROADCAST MED LLC CONTENT MAY CONTAIN INFORMATION OR CONTENT THAT IS SEXUALLY EXPLICIT. IF YOU FIND SUCH CONTENT OFFENSIVE, YOU MAY NOT WANT TO USE THE PLATFORM OR SERVICES
15. Indemnification
- 15.1. You agree to defend, indemnify, and hold Broadcast Med LLC, its successors and assignees, affiliates, officers, directors, employees, agents, representatives, contractors, licensors, and consultants, harmless from and against any claims, damages, costs, causes of actions, liabilities, including without limitation, reasonable attorney fees, resulting or arising from, or connected with Your User Content made available by You, Your use or inability to use the Platform or Services, Your breach of any provisions in this Terms of Use, Your violation of any rights (including but not limited to intellectual property rights and privacy rights) of any party including any User, or Your violation of any applicable laws or standards or practices. This provision will survive termination of the Terms of Use.
16. Injunctive Relief
- 16.1.In the event of Your breach or threatened or alleged breach of this Terms of Use, Broadcast Med LLC will be irreparably harmed and may not have an adequate remedy in money or damages and shall be entitled to an injunction against such a breach from any court of competent jurisdiction. Notwithstanding the foregoing, Broadcast Med LLC shall also have the right to obtain other applicable remedies available at law.
17. Limitation of Liability
- 17.1.TO THE FULLEST EXTENT PERMITTED BY LAW, BROADCAST MED LLC, ITS SUCCESSORS OR ASSIGNEES, AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, AGENTS, REPRESENTATIVES, CONSULTANTS, LICENSORS, CONTRACTORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, DEVELOPING OR DELIVERING THE PLATFORM, SERVICES OR BROADCAST MED LLC CONTENT SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND OR OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA OR INFORMATION OR CONTENT ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, SERVICES OR BROADCAST MED LLC CONTENT.
- 17.2.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BROADCAST MED LLC FOR ALL CLAIMS RELATED TO THIS TERMS OF USE EXCEED TEN DOLLARS ($10) OR THE TOTAL AMOUNT OF FEES RECEIVED BY BROADCAST MED LLC FROM YOU FOR THE USE OF ANY PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS LESSER.
- 17.3.THE LIMITATIONS OF LIABILITY OUTLINED IN THIS SECTION CONSTITUTE THE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BROADCAST MED LLC AND YOU AND SHALL APPLY TO ALL CLAIMS OF LIABILITY SUCH AS INCLUDING BUT NOT LIMITED TO WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE EVEN IF BROADCAST MED LLC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
18. Governing Law
- 18.1.This Terms of Use is governed by the laws of the State of Tennessee and You agree to submit to the exclusive jurisdiction of, and venue in, the courts in the State of Tennessee in any dispute arising out of or relating to this Terms of Use. The prevailing party shall be entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for any actions, disputes, or litigation arising out of or related to this Terms of Use.
19. Notices
- 19.1.We will send you notice to the last email address you provided to Us. Our dispatch of the email containing any notice will be considered effective notice to You notwithstanding such notice may not be delivered to You for reasons such as including but not limited to the invalidity of your email address, your inbox being full, or email being inaccurate.
- 19.2.You may give notice to Broadcast Med LLC at support@MDElevated.com
20. Force Majeure
- 20.1.We are not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party technology providers, lockdowns, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Users.
21. Entire Agreement
- 21.1.These Terms of Use constitute the entire agreement between You and Us as to the subject matter stated herein.
22. Severability
- 22.1.If any provision of this Terms of Use is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
23. Relationship
- 23.1.Your use of the Platform, Services, or Broadcast Med LLC Content shall not make you an employee or agent or partner or joint venturer of Broadcast Med LLC.
24. No Third-Party Beneficiaries
- 24.1.Except as otherwise provided, nothing in this Terms of Use will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.
25. Waiver
- 25.1.Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
26. Successors
- 26.1.This Terms of Use binds and benefits the parties and their respective permitted successors and assigns.
27. Survival
- 27.1.All provisions of these Terms of Use shall survive the termination of Your account except for your license to access and use the Platform, Services, and the Broadcast Med LLC Content.
28. Changes to the Terms of Use
- 28.1.We reserve the right to modify this Terms of Use as per Our discretion at any time. Please regularly check the Platform to view the latest updated version. If there are any material changes, We may promptly notify you by email. To the extent permitted by applicable laws, Your continued use of the Platform or Services or Broadcast Med LLC Content constitutes your acceptance of such change(s).