TERMS OF USE

Terms of Use

Date of Last Revision: February 1, 2017


MedGift Advocacy Services, Inc. a 501(c)(3) tax-exempt organization,("MedGift" or "we" or "us") welcomes you to our web site (the "Website"). On this Website, MedGift makes available to you ("you" or "participant") its Internet service for private fundraising, soliciting and supplying services, funds and other general assistance to or from others (collectively, "Assistance"), along with information, software, documents, communications, files, text, graphics, publications, content, tools, forums, resources and links to other Websites (collectively referred to as the "Service").

Purpose of MedGift

MedGift provides an online forum for fundraising and other Assistance to individuals and other organizations that wish to advocate for health related causes and projects they care about (a "Support Page"). Each Support Page consists of a personal profile page where authorized users can post stories, photos and videos about the subject matter of the Support Page as well as receive credit card donations and other Assistance from friends, family and other third parties. Additionally, through our advanced search tools, all visitors to the Website can search through our Support Pages and choose to offer emotional, calendar, wish list and financial support to the ones that best match their philanthropic interests.

We recommend that you only meet with individuals who you personally know and trust. We provide tools that enable an organizer of a Support Page to arrange for Services which may involve direct physical meeting or interaction at your home, the home of another participant or other location. We do not supervise any of these Services or any locations at which Services may be provided, and we are not involved in any way with the actions of any participants who provide or receive Services or meet in connection with such Services. As a result, we have no control over the identity or actions of the participants who provide or receive Services or meet in connection with such Services, and we highly recommend that all participants exercise caution and good judgment when providing or receiving Services or meeting with others in connection with such Services.

We recommend that you only make financial contributions to individuals who you personally know and trust. MedGift does not verify, endorse or control any of the information on the Website nor does it investigate the accuracy of any information or requests posted on the website. Unfortunately, participants may establish a Support Page which is untruthful or fraudulent. Accordingly you should only make financial contributions to Support Pages involving individuals that you personally know. As part of the Services, MedGift facilitates the process of online donations of Assistance, both financial and otherwise, made by individuals or entities through the MedGift Service. With respect to monetary financial assistance, MedGift utilizes WePay to allow you to make contributions to a Support Page. WePay is an independent third party merchant processor. All donations that are made through WePay go directly to the Support Page's account that is set-up by the organizer of a Support Page and are nonrefundable. WePay deducts approximately 2.9% of each donation to pay for its merchant processing service. MedGift receives no compensation of any kind for facilitating this process. MedGift does encourage a small donation be made to support our mission, but this is only a suggestion and not a requirement. As a 501(c) (3), your contribution to MedGift may be eligible for a charitable income tax deduction. We don’t offer legal or tax advice and nothing you read here constitutes or should be construed as tax or legal advice.

As a participant in the Services and/or the Website, you understand and accept that all fees charged are subject to change at any time at the sole and absolute discretion of MedGift.

Taxes. Participants have full responsibility for all applicable taxes for funds paid. You agree to indemnify, defend and hold MedGift and each of the other Covered Parties harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on MedGift by the relevant taxing authorities with respect to any funds paid. This and other FAQs as more fully described at https://www.medgift.com/faq.

Acceptance of Terms

These terms and conditions ("Terms of Use") are posted on our Website and presented to each user at the time of creation of their Website account. In order to participate as an organizer of Support Page, or a supplier or receiver of Assistance, each organizer or participant of a Support Page will be required to create an account ("Web Account") which will contain relevant demographic and contact information. As a part of the creation of each Web Account, you will be required to read and acknowledge that you agree to be bound by these terms and conditions in order to participate in the Service. However, irrespective of any specific acknowledgement, by accessing and using this Website in any way, including, without limitation, browsing the Website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in these Terms of Use.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER.

These Terms of Use are entered into by and between MedGift and you. If you are using the Website or the Services, or providing or receiving Assistance on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

MedGift reserves the right, at MedGift's sole discretion, to change, modify, update, add, or remove portions of these Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this Website and/or the Services following the posting of changes to these Terms of Use will mean you accept those changes.

Privacy Policy

You consent to and agree to comply with and be bound by the terms of the Privacy Policy set forth at https://www.medgift.com/privacy-policy.

Use of Materials Limitations

All materials contained in the Website or used in connection with a Support Page or the Service are the copyrighted property of MedGift, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to MedGift, or its subsidiaries or affiliated companies and/or third-party licensors.

Unless otherwise specified, the materials and services on this Website or used in connection with the Service are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website without the written permission from MedGift.

No Unlawful or Prohibited Use

You agree to comply with all applicable laws and regulations regarding your use of the Service, including, without limitation, your provision to or receipt of Assistance as part of the Service and your posting of information to or receipt of information from or in connection with the Service. As a condition of your use of the Service, you will not use the Service or the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services or the Website in any manner that could damage, disable, overburden, or impair any MedGift servers, or the network(s) connected to any MedGift servers, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any MedGift servers or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

Use of the Service and the Website

The Website and/or Services may change and media, features or services available within the Website may be discontinued at any time, and without notice. The media or Services on the Website may be out of date, and MedGift makes no commitment to update these materials at any time.

Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the Website and/or Services.

MedGift reserves the right to change the amount of, or basis for determining, any payments, and to institute new payments, effective upon prior notice to you. In addition, from time to time the provided services may change, without prior notice.

In order to create a Web Account, you must complete all required fields on the respective registration web pages on the Website. As part of the registration process, you agree to provide: (a) information about yourself that is truthful, current, complete and accurate; and (b) update this information so as to maintain its accuracy.

Additionally, MedGift reserves the right to terminate accounts created by users who appropriate the name, e-mail address, or other personally identifiable information of another individual. MedGift also reserves the right to refuse to approve a user account or terminate an existing user account with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time. MedGift is not liable for any losses or damages incurred by you as a result of the termination of your account or refusal of the Service.

Your Web Account may terminate automatically after a three-month period of inactivity. Alternatively, you may terminate your Web Account at any time. Upon sending you a receipt of your termination notice, MedGift will terminate your account within 30 business days of its receipt of such notification from you. Any funds your Support Pages has received as of the date of your cancellation request will be disbursed as specified in these Terms of Use. The cancellation of your account is your only remedy with respect to any such dispute that you may have with us.

Although MedGift shall not be held liable for the actions of any participant in a Support Page, MedGift reserves the right to terminate a Support Page or your privilege to use this Website and/or the Services at any time and for any reason. MedGift also reserves the right to remove a Support Page from the Website at any time and for any reason.

MedGift and third parties acting on MedGift's behalf may send you e-mail notifications from time to time in order to inform you about important information regarding your use of the Website and Service. You may opt out from receiving such e-mails by selecting the "opt out" feature in each e-mail. However, even if you opt out you understand and agree that you will still be held responsible for the information contained in these e-mails.

You are solely responsible for maintaining the confidentiality of your password, username and all uses of your Web Account regardless of whether you have authorized such uses. You shall not share your Web Account with anyone else. You agree not to use the Web Account, username or password of anyone else. You shall not disclose your password to anyone else. Multiple accounts are prohibited. You agree to have only one account. You agree to exit from your account at the end of each session and to take all reasonable precautions to prevent others from using your account. You agree to notify MedGift immediately of any unauthorized use of your account.

You are solely responsible for the content you post on the Website including but not limited to photos, text, videos, graphics, and personal profiles. Information, ideas or opinions posted by participants in the Website do not necessarily reflect our views and MedGift does not take any responsibility for the accuracy of any information, ideas or opinions posted by users. MedGift shall not be liable for any damages or losses resulting from such information, ideas or opinions.

You further understand and agree that MedGift may monitor and delete any content that we, in our sole and absolute discretion, believe violates the terms of these Terms of Use or which may be illegal or offensive, or which poses a threat to the rights or safety of Website participants.

You represent and warrant that:

  1. all information you submit is truthful, current, complete and accurate;

  2. your use of the site does not violate any applicable law or regulation;

  3. you are at least 18 years of age or have received parental consent and supervision when using the site;

  4. you own, or have the necessary licenses, rights, consents, and permissions to use and authorize MedGift to use, all patent, trademark, copyright, or other proprietary rights in and to any and all materials or other graphic, text, sound, image or other works of authorship posted or otherwise displayed by you on the Website in the manner contemplated by MedGift and these Terms of Use; and

  5. You have the written consent, release, and/or permission of each and every identifiable individual person in the materials posted or otherwise displayed on the Website to use the name or likeness of each and every such identifiable individual person in the manner contemplated by MedGift and these Terms of Use.

By using the Website, you grant to MedGift a nonexclusive, royalty-free transferable, fully paid-up worldwide license to use copy, display, transmit, publish and distribute any and all materials which are posted or otherwise displayed by you on the Website for the sole purpose of providing the Services. You also grant MedGift right to include your name and likeness in press releases as well as other announcements on the Website. Participants are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.

You agree that you will not:

  1. submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant MedGift all of the license rights granted herein;

  2. publish falsehoods or misrepresentations that could damage MedGift or any third party;

  3. submit material that is unlawful, false, inaccurate, misleading, defamatory, libelous, threatening, pornographic, harassing, hateful, racially/ethnically or religiously offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;

  4. distribute or post spam, chain letters, advertisements, promotional materials, pyramid schemes or solicitations of business;

  5. harvest or otherwise collect information about users, including email addresses, without their consent;

  6. impersonate another person or entity;

  7. use the Website for any purpose that is unlawful or prohibited by these Terms of Use

  8. access the Website from territories where its contents are illegal;

  9. use any of the MedGift Services other than for approved commercial or non-commercial use;

  10. use the Website in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use of the Website;

  11. intentionally interfere with or damage the operation of the Website or any other participant's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

  12. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website;

  13. attempt to gain unauthorized access to the Website, or any part of it, other accounts, computer systems or networks connected to the Website, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;

  14. utilize framing techniques to enclose any trademark, logo, or other MedGift materials without our express written consent;

  15. not use any metatags or any other "hidden text" utilizing the name of the Website or associated trademarks or MedGift's name or trademarks without our express written consent;

  16. deep-link to the Website and will promptly remove any links that MedGift finds objectionable in its sole discretion;

  17. use any logos, graphics, or trademarks of MedGift or those related to the Website as part of the link without our express written consent;

  18. send junk or other unsolicited mail or other communications, both tangible or electronic, to other participants, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

  19. interferes with another participant's rights to privacy;

  20. display sexually explicit material of any kind;

  21. collect, store or solicit another participant's personal information for commercial or unlawful purposes without the consent of MedGift;

  22. post or otherwise display any personally identifiable information about another participant or any third party without that person or entity's express consent; or

  23. advertise or sell any goods or services.

Anti-Spam Policy

MedGift is a web-based application providing a service to those undergoing medical or health-related hardships. Either those undergoing a hardship or a love one can setup a support page for themselves or a loved one which they can then share with their Facebook friends, twitter followers or personal email contacts. Under no circumstances does MedGift condone email spam. MedGift never users purchased, rented or other email lists to send unsolicited emails. All emails sent by the MedGift application have an unsubscribe link in the footer of the email allowing email receivers the option to opt-out of receiving further emails from MedGift. It normally takes up to 24 hours for the opt-out to take effect.

Emails generated by the MedGift application fall into three categories:

Category 1. MedGift generates emails to MedGift account owners for the purpose of account administration. These include account creation verification and password reset instructions. By creating a MedGift account you acknowledge and consent to MedGift sending these types of emails to you.

Category 2. MedGift sends notifications to support page owners whenever an individual requests access to a beneficiary’s support calendar. In addition, MedGift will send an alert email to individuals who have signed up for a task event. As either a support page organizer or an individual who has requested access to a calendar you are acknowledging and consenting to MedGift sending you these types of emails.

Category 3. The individual who sets up a MedGift support page for themselves or a loved one, the support page organizer, can share this update with their support community defined to be their Facebook friends, Twitter followers or personal email contacts. Support page organizers may only send emails to their personal contacts. By becoming a support page organizer you acknowledge and consent to the following terms:

  • You can only use MedGift to send emails to personal email contacts that gave you permission to email them. If an email an address is not in your personal contacts list, or you have not exchanged personal emails with them in the past do not use MedGift to send them emails.

  • MedGift prohibits the use of third-party, purchased, or rented mailing.

  • You must not send unsolicited mail to newsgroups, message boards, distribution lists, or email addresses of individuals you have not permission to send emails to.

  • You must not utilize a survey to send any commercial electronic mail messages (as defined in the CAN-SPAM Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. If you intend on sending commercial emails, you should familiarize yourself with the CAN-SPAM Act, which outlines requirements under United States law for sending out such emails, and any other applicable anti-spam laws.

  • You must not use MedGift to send emails with deceptive subject lines or false or misleading header information.

  • You may only use MedGift to send emails pertaining to the medical or health related status of the beneficiary of a support page.

Intellectual Property Rights

MedGift will retain all intellectual property rights in the software, data, design, tools and any other material or content developed or provided by MedGift for use or display on the Website or as part of the Services, including but not limited to all data, pictures, videos, text, sound, graphics, logos, marks, symbols, digital materials and any and all other content provided by MedGift.

MedGift, together with any logo and any other product and service names that we may present on the Website are trademarks or registered trademarks of MedGift. Other trademarks, service marks or logos that appear on the Website may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Website does not grant you a right or license to use or reproduce any MedGift or third-party trademarks without first receiving the express permission of both MedGift and the trademark owner.

MedGift and its participants collectively own all material and content displayed on the Website. All such content is protected under intellectual property and proprietary rights laws. You may use the Website and its content and materials only for the purposes stated in these Terms of Use. You may copy such content for your own personal, non-commercial use only, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Website's content including but not limited to text, graphics, logos, sound, images, photographs, video, or software is permissible without the express written consent of MedGift and where applicable, the copyright holder.

Release and Indemnity

Because we do not supervise or control any of the services provided or received by participants or any of the locations at which services may be provided, or any meetings or interactions among or between participants and other persons, and because we have very limited control, if any, over the information that members upload, post, email, transmit or otherwise make available via the Service, you agree that you bear all risk and full responsibility for, and you agree to release MedGift and any of its business partners and all of MedGift's and its business partners respective directors, officers, members, shareholders, employees, consultants, contractors, agents, advisers, affiliates, volunteers subsidiaries or third-party partners (collectively referred to as the "Covered Parties") from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with, your use of the Service or the Website, your provision or receipt of any services in connection with the Service or any meetings or interactions among or between members and other persons in connection with the Service or any information that you upload, post, email, transmit or otherwise make available via the Service, your violation of these Terms of Use, or your violation of any rights of another.. **** You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

MEDGIFT DOES NOT VERIFY, ENDORSE OR CONTROL ANY OF THE INFORMATION ON THE WEBSITE. MEDGIFT MAKES NO INVESTIGATION INTO THE ACCURACY OF ANY INFORMATION OR REQUEST POSTED ON THE WEBSITE. YOU ARE ENTIRELY RESPONSIBLE FOR INVESTIGATING THE ACCURACY OF ANY INFORMATION AND THE PROVISION OF ASSISTANCE IN ANY FORM, FINANCIAL OR OTHERWISE, IS ENTIRELY AT YOUR OWN RISK. ADDITIONALLY, YOU MAY BE EXPOSED TO FRAUDULENT AND/OR OBJECTIONABLE MATERIAL POSTED BY OTHERS. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST MEDGIFT WITH RESPECT THERETO.

MedGift does not warrant that funds relating to any Support Page will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary. In addition, donations made on MedGift are nonrefundable. After a donation is made, all further dealings are solely between you and such organizations and individuals. By using this site you understand and agree that MedGift shall not be responsible for any losses or damages incurred as a result of the fundraising event. In the event of a dispute between users (including but not limited to fundraisers, donors, beneficiaries, fund managers and third parties) you agree to release MedGift and each of the other Covered Parties or anyone else who has participated in the creation development or delivery of this Website from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service.

You agree to indemnify, defend and hold MedGift and each of the other Covered Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service or the Website, including any services that you perform or receive in connection with the Service, any information that you upload, post, email, transmit or otherwise make available via the Service, your violation of these Terms of Use, or your violation of any rights of another.

Advertisements and Promotions

MedGift may run advertisements and promotions from third parties on the Website. The manner, mode and extent of advertising by MedGift are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than MedGift found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. MedGift is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-MedGift advertisers on the Website.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. MEDGIFT AND ALL OTHER COVERED ENTITIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, MEDGIFT AND ALL OTHER COVERED ENTITIES DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICE, AND ANY WARRANTIES FOR ANY SERVICES, INFORMATION, OR ADVICE OBTAINED THROUGH THE SERVICE.

Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL MEDGIFT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTIAL, EXEMPLORY OR CONSEQUENTIAL DAMAGES OF ANY KIND (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING IN ANY WAY FROM THE SERVICE OR THE INABILITY TO USE THE SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), YOUR USE OF THE SERVICE, YOUR PERFORMANCE OR RECEIPT OF VOLUNTEER OR OTHER SERVICES IN CONNECTION WITH THE SERVICE, ANY MEETING OR INTERACTION AMONG OR BETWEEN MEMBERS OR OTHER PERSONS IN CONNECTION WITH THE SERVICE, AND THE ACTIONS OF MEMBERS OR OTHER PERSONS IN CONNECTION WITH THE SERVICE.

YOUR SOLE REMEDY AGAINST THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR ANY MATTER RELATED TO THE SERVICE SHALL BE LIMITED TO YOUR RIGHT TO TERMINATE YOUR ACCOUNT AND SUCH REMEDY SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.

Changes to the Service

MEDGIFT MAY MAKE CHANGES TO THE SERVICE, SERVICES ON THE WEBSITE, INFORMATION, SOFTWARE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.

Third Party Links

THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF MEDGIFT OR ANY OTHER COVERED PARTY AND MEDGIFT AND THE COVERED PARTIES ARE NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MEDGIFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT MEDGIFT OR ANY COVERED PARTY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.

Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and believe that any material posted on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works from the Website;

  3. Identification of the material that is claimed to be infringing or to be the subject of 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 reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party 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 under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this section your DMCA notice may not be valid.

Dispute Resolution

These Terms of Use shall be governed by the laws of the state of Georgia without regard to its conflict of laws provisions. You agree that any disputes or claim arising out of or in connection with these Terms of Use shall be adjudicated in Atlanta, Georgia. Any provision of these Terms of Use that is found to be invalid or unenforceable will be replaced by a valid and enforceable provision that achieves, as near as possible, the same objectives as the deleted provision was intended to achieve. The remaining provisions of these Terms of Use shall remain in full force and effect. The failure of MedGift to act with respect to a breach by you does not waive the right of MedGift to act with respect to similar future breaches. You may not attempt to assign or transfer any right or obligation set forth in this agreement without obtaining MedGift's prior express written consent. This agreement shall be binding upon each party's successors and assigns. MedGift shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond MedGift's reasonable control. Any notice required or given to you under these Terms of Use shall be sent to the e-mail address you provided by you upon registration. Except as otherwise expressly provided, all remedies provided for herein shall be cumulative, and in addition to, and not in lieu of any other remedies available to either party at law or in equity. YOU AND MEDGIFT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Entire Agreement

These Terms of Use constitute the complete and entire understanding and agreement between MedGift and you in connection with your use of this Website, hyperlinks to the Website and the content and software displayed on the Website, and supersedes any prior agreements, proposals or understandings between you and MedGift including prior versions of these Terms of Use. As a user of the Website you, you understand and are held responsible for periodically reviewing the terms of these Terms of Use. MedGift may update these Terms of Use from time to time by posting revised versions on the Website without notice to you except that we will post the effective date at the top of these Terms of Use. Any continued use of the Website or Service by you after such amendments have been posted shall be deemed your acknowledgement and consent to the amended terms.