Terms of Use

Effective Date: Last updated May 8, 2007. Welcome to the PeoplesMD website (www.PeoplesMD.com) and related webpages, video files, applications and services ("Service"), provided by PeoplesMD, Inc. ("PeoplesMD"). The Service is made available by PeoplesMD to provide information and access to potential medical solutions and services and to allow users to share information and opinions regarding medical conditions, services, costs, and ratings of medical providers, procedures and pharmaceuticals. Through our resources we facilitate the exchange of information between consumers and providers (collectively, "you" or "users"). By using the Service or clicking a checkbox indicating your consent, you agree to these Terms of Use ("Terms"), and the PeoplesMD Privacy Policy and Community Guidelines at www.PeoplesMD.com/policy/, which are each incorporated herein by reference. If you do not agree to these Terms, you must not use the Service. PeoplesMD reserves the right, at its discretion, to modify these Terms at any time. Notification of changes to these Terms will be posted on the Service or sent via e-mail, and are immediately effective upon posting. Your continued use of the Service after such posting is your consent to be bound by the then-current Terms. Certain Services may be subject to additional terms and conditions. Third parties that provide goods or services to PeoplesMD may require users to review and agree to additional terms and conditions. Such third parties, not PeoplesMD, are responsible for any such additional terms and conditions.

1. REGISTRATION You do not need to register at the Service to view the PeoplesMD website. However, if you do register as a member, you will be able to use certain features of the Service, including searches, links, and maintaining a personal profile and public webpages of the Service. You agree to provide true, accurate and complete information about yourself as prompted by the Service including during the registration process, provided that in connection with registration, you must not use your full or true name for your username or include your social security number in any part of your registration. In addition, you agree to update information provided about yourself in order to maintain its truth and accuracy. By registering as a member, you hereby consent to your Primary Picture/Photo and User Name being publicly displayed on the PeoplesMD website at all times. If you provide any or all of the Basic Information requested on the Profile Management page, you also agree to that information publicly displayed g on the PeoplesMD website at all times, regardless of your Profile Privacy Settings. By registering and providing your email address, you also hereby consent to PeoplesMD contacting you via email for any purpose related to the Service, including to contact you regarding any administrative or Service-related issues (opt out details are provided in the Privacy Policy). We do not currently, but we reserve the right to, charge fees for the Service.
2. PROTECTING YOUR PASSWORD You agree that you are solely liable for all actions taken via -- i.e., through the use of -- your password, whether or not those actions are made with your knowledge, permission or authority. You agree to guard your password and you understand that a failure to keep your password secure will enable others to engage in transactions through the Service for which you will be legally responsible. If you suspect that someone may have obtained access to your password who does not have authority, or has not been given your permission, to act on your behalf, you should change your password immediately at your profile webpage.
3. LICENSE FOR ACCEPTABLE USE OF SERVICE PeoplesMD hereby grants you the right to access and use the Service only for the purposes of sharing information and opinions for non-commercial uses and for commercial use in accordance with these Terms. PeoplesMD reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Service including for violation of any provision of these Terms. Any rights not expressly granted to you herein are reserved to PeoplesMD. No portion of this Service is targeted to children under the age of 13 and no one under 13 is permitted to use the Services. PeoplesMD will delete any information it believes was provided by someone under 13. PeoplesMD supplies content to the Service, including but not limited to data, comments, suggestions, information, text, software, sounds, photographs, podcasts, webinars, logos, emails and newsletters sent by or through the Service, audio, audiovisual, video, images, graphics, articles, links, messages and other content or materials of any nature, associated technology and software, and the look and feel of the Service website (collectively "Content"). Unless you have received specific written permission from PeoplesMD, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, Content or Materials (as defined below) displayed on the Service, (b) alter or modify any Content on the Service, or commercially use or exploit the Service, Content, or Material, including without limitation, to sell products or services or to collect information for any commercial purposes such as for market research, client acquisition, or other marketing purposes. You also agree not to reproduce, transmit, sell, or otherwise exploit the Service and/or Content for any commercial purpose. The Service may allow you to upload, post, and/or distribute materials, including but not limited to, information, questions, feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, podcasts, webinars, articles, links, logos, audio, video, images, graphics, messages and other content or materials of any nature ("Materials"), and use the Service, and view link, copy or download other's Materials on the Service, subject to the following conditions and the terms and conditions of the PeoplesMD Community Guidelines (as judged in PeoplesMD's sole discretion):
- 1. You understand that all material you upload, post, and/or distribute Materials to any public portions of the Service website, are the sole responsibility of the person from which the Materials originated. You, and not PeoplesMD, are entirely responsible for the Materials you transmit through the Service. You understand that by using the Service you may be exposed to Materials that are regarding medical issues that are sexually explicit and other Materials that are offensive, objectionable, indecent, or otherwise violate these Terms.
- 2. PeoplesMD reserves the right, but is not obligated, to review and remove any Materials that in its sole discretion it deems violate the Terms or are otherwise objectionable. PeoplesMD also reserves the right to suspend or terminate your account and access to the Service, if your activity or Materials breach any of the provisions of the Terms.
- 3. By posting, uploading or otherwise distributing your Materials through the Service, you explicitly consent that other users of the Service may post or forward such Materials to others who may or may not be users of PeoplesMD and you grant to PeoplesMD a irrevocable, sublicenseable, transferable, world-wide, exclusive, royalty free, license to your Materials for all purposes and uses, including without limitation, to use, copy, distribute, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Material.
- 4. You agree that PeoplesMD may establish practices and limits concerning the use of the Service. You agree that PeoplesMD has no liability or responsibility for the storage or deletion of any Materials that you submit or post. PeoplesMD reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
- 5. By posting, uploading or otherwise distributing your Materials through the Service, you explicitly represent and warrant the content of your Materials, including without limitation, the accuracy, timeliness, appropriateness, truthfulness, and full disclosure related to the Materials and that the Materials are not misleading.
- 6. You also agree not to:
  - "stalk" or otherwise harass anyone;
  - upload to, distribute through, or otherwise publish through the Service any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
  - upload to, distribute through or otherwise publish through the Service any Materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement;
  - upload to, distribute through, or otherwise publish through the Service any Materials that infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party;
  - upload to, distribute through or otherwise publish through the Service any Materials that are commercial in nature or Materials that contain any solicitation of funds, promotion, advertising or solicitation for goods or services unrelated to the Service (unless provided herein or you receive prior written consent from PeoplesMD);
  - post, upload or otherwise distribute any private, personally identifiable, photos, financial, confidential, or proprietary information of another individual or entity without their written express permission;
  - collect Materials or personal data about users for any commercial or unlawful purposes;
  - use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by PeoplesMD;
  - impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  - upload to, distribute through or otherwise publish through the Service any Materials which are indecent, libelous, defamatory, obscene, harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or in PeoplesMD's sole discretion, are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law;
  - attempt to gain unauthorized access to PeoplesMD's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
  - create multiple user accounts by automated means or under false or fraudulent pretenses, including for commercial or any other purposes;
  - sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise use any PeoplesMD Content which is protected by trademarks, service marks, copyrights, or other intellectual property rights;
  - reverse engineer any software associated with the Service; or
  - post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure or use any form of automated device or computer program that enables submission of postings on the Service without each posting being manually entered by the author thereof.
- 7. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for PeoplesMD to pursue legal action to enforce the Terms, you will be liable to pay PeoplesMD the following amounts as liquidated damages, which you accept as reasonable estimates of PeoplesMD's damages for the specified breaches of the Terms:
  - a. If you post Material that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay PeoplesMD one thousand dollars ($1,000) for each such message.
  - b. If you send unsolicited email advertisements to PeoplesMD email addresses or through PeoplesMD computer systems, you agree to pay PeoplesMD twenty-five dollars ($25) for each such email.
  - c. If you post Materials in violation of the Terms, other than as described above, you agree to pay PeoplesMD one hundred dollars ($100) for each individual Material posted. In its sole discretion, PeoplesMD may elect to issue a warning before assessing damages.
  - d. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any commercial purposes, including but not limited to market research, such as in business presentations, documents, or verbal presentations to colleagues, clients or prospective clients, any Content or Material (except for your own Material) in violation of the Terms without PeoplesMD's express written permission, you agree to pay PeoplesMD three thousand dollars ($3,000) for each day on which you engage in such conduct.
  - e. Otherwise, you agree to pay PeoplesMD's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Terms, PeoplesMD retains the right to seek the remedy of specific performance of any term contained in the Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms, or any combination thereof.
4. INFORMATION DISCLAIMERS
- A. MEDICAL INFORMATION. THE INFORMATION (INCLUDING WITHOUT LIMITATION, CONTENT, MATERIALS, ADVICE AND RECOMMENDATIONS) ON THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS INTENDED SOLELY AS GENERAL INFORMATION AND IS NEITHER MEDICAL NOR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. PEOPLESMD AND ITS ADVISORS, EMPLOYEES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, SUPPLIERS, AND LICENSORS (COLLECTIVELY "AFFILIATES") DO NOT MAKE ANY WARRANTEES REGARDING THE CONFORMITY WITH ANY GOVERNMENT REGULATIONS REQUIRING THE DISCLOSURE OF PRESCRIPTION PHARMACEUTICAL PRODUCT INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PEOPLESMD NOR ITS AFFILIATES ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SERVICE IS SUBJECT TO THIS DISCLAIMER. PEOPLESMD AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, CONTENT OR OTHER MATERIAL ON THE SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. PEOPLESMD DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE.
- B. MEDICAL INFORMATION ADDENDUM. THE INFORMATION IN THIS DATABASE AND ON PEOPLESMD IS INTENDED TO SUPPLEMENT, NOT SUBSTITUTE FOR, THE EXPERTISE AND JUDGMENT OF YOUR HEALTHCARE PROFESSIONAL. THE INFORMATION IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS OR ADVERSE EFFECTS, NOR SHOULD IT BE CONSTRUED TO INDICATE THAT USE OF A PARTICULAR DRUG IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU. YOU SHOULD CONSULT YOUR HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DRUG, CHANGING YOUR DIET OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT.
- C. GENERAL. YOU AGREE THAT PEOPLESMD AND ITS AFFILIATES, SHALL NOT BE LIABLE IN ANY WAY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY ACTION OR INACTION TAKEN BY YOU RELYING UPON THE INFORMATION. YOU FURTHER AGREE THAT PEOPLESMD AND ITS AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR THE INTERRUPTION OR CESSATION IN THE PROVIDING OF ANY DATA, INFORMATION, OR OTHER ASPECT OF THE SERVICE. PEOPLESMD AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR, AND MAKES NO WARRANTIES REGARDING, THE ACCESS, SPEED, OR AVAILABILITY OF THE INTERNET IN GENERAL OR THE SERVICE IN PARTICULAR. PEOPLESMD RESERVES THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ALL OR ANY PORTION OF THE SERVICE WITH OR WITHOUT NOTICE.
- D. NO REFERRALS OR ENDORSEMENTS. THE SERVICE IS NOT A REFERRAL SERVICE OR ANY KIND, INCLUDING FOR HEALTHCARE, ELDERCARE, OR ANY OTHER PROFESSIONAL SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR IN THE CONTENT (INCLUDING WITHOUT LIMITATION THE PEOPLESMD ADVERTISING AND SPONSOR POLICY), THE INFORMATION (INCLUDING WITHOUT LIMITATION, ADVERTISING, CONTENT AND MATERIALS) POSTED ON THE SERVICE, DOES NOT CONSTITUTE OR INDICATE PEOPLESMD'S (OR ANY AFFILIATE'S) ENDORSEMENT OF THE INFORMATION OR AN ENDORSEMENT OR REFERRAL OF THE INDIVIDUAL OR ENTITY ADVERTISING OR POSTING SUCH INFORMATION INCLUDING INFORMATION POSTED BY USERS. THROUGH THE SERVICE YOU MAY GET ACCESS TO INDIVIDUALS OR ENTITIES, HOWEVER, YOUR CHOICE TO CONTACT OR DO BUSINESS WITH ANY OF THESE INDIVIDUALS OR ENTITIES IS YOUR SOLE RESPONSIBILITY AND PEOPLESMD (AND ANY AFFILIATES) ARE NOT INVOLVED IN ANY TRANSACTIONS YOU HAVE WITH ANY THIRD PARTIES.
5. INTELLECTUAL PROPERTY The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Materials or Content on the Service and the Service itself are owned or licensed by PeoplesMD. Except as expressly provided herein, neither PeoplesMD nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. PeoplesMD reserves the right to license portions of the Services, including without limitation, for commercial use for a fee. No intellectual property ownership rights are or will be assigned to you. You shall not infringe any of the intellectual property rights associated with PeoplesMD's Content. PeoplesMD will not tolerate infringement of anyone's intellectual property rights at the Service, and reserves the right to block, disable, or otherwise remove any Materials from Service as well as terminate your access to the Service if you engage in copyright or other intellectual property infringement. If you believe that any Content or Materials on the Service infringe your copyrights, please contact PeoplesMD's copyright agent, who can be reached by mail at Copyright, PeoplesMD, 45 Christopher Street, 8D, New York, New York 10014 or email at copyright@peoplesmd.com. You must include the following information:
- (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office);
- (b) the location of the allegedly infringing material on the Service,
- (c) your signature (digital or hard-copy),
- (d) your address, telephone number, and e-mail address, and
- (e) a statement (notarized if possible and made under penalty of perjury that):
  - (i) you are the copyright owner or authorized to act on the copyright owner's behalf; and
  - (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).
6. INDEMNITY You agree to indemnify and hold PeoplesMD and its Affiliates harmless from any claim or demand, including reasonable attorneys fees, arising out of your Materials, your use of the Service, the Content, your violation of these Terms, or your violation of any third party's rights including intellectual property, proprietary, or privacy rights.
7. DISCLAIMER OF WARRANTIES EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, THE SERVICE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. PEOPLESMD AND ITS AFFILIATES HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION, MATERIALS, OR CONTENT ON THE SERVICE AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICES. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
8. ASSUMPTION OF RISKS Your interactions with other users are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that PeoplesMD and its Affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of this Service, or between users and any third party, you understand and agree that PeoplesMD is under no obligation to become involved and is not subject to any liability.
9. LIABILITY LIMITATION TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER PEOPLESMD, NOR ANY OF ITS AFFILIATES, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, OR TO ANY BREACH OF THESE TERMS, EVEN IF PEOPLESMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. PEOPLESMD AND ITS AFFILIATES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED, NOT TO EXCEED $100.00. PEOPLESMD AND ITS AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE LIABILITY AROSE.
10. OTHER USERS; LINKS; ADVERTISERS The Service may contain Materials posted by users who may offers good and/or services, ads, or other links to third party websites that are not under the control of PeoplesMD and PeoplesMD is not responsible for any Materials, ads, content on any linked website. If you choose to do business with a user or access a third party website from the Service, then you do so at your own risk. PeoplesMD provides Materials, Content, ads, and links as a convenience and the inclusion of such material does not imply that PeoplesMD endorses or accepts any responsibility for the related to this material or the content of third-party websites. Your dealings with or participation in promotions of advertisers or other users found on the Service, including payment and delivery of goods or services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that PeoplesMD shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or users. Click here for the PeoplesMD Advertising and Sponsor Policy.
11. INTERNATIONAL USAGE This Service is controlled and operated by PeoplesMD from its offices within the United States of America. PeoplesMD makes no representation that the Service is appropriate, available, or compliant with the applicable laws in locations outside of the United States. Those who access the Service from other locations do so at their own risk and are responsible for compliance with applicable laws.
12. MODIFICATIONS PeoplesMD reserves the right at any time to modify, suspend or discontinue the Service. You agree that PeoplesMD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Service.
13. ENTIRE AGREEMENT These Terms, as amended, any registration forms, and any agreement between you and PeoplesMD constitute the entire agreement between you and PeoplesMD. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
14. GENERAL These Terms and Service shall be governed by the laws of the State of New York without regard to its conflict of law provisions, and the federal laws and regulations of United States. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Manhattan, New York, New York for any disputes arising under or related in any way to these Terms or the Service. PeoplesMD reserves the right to terminate these Terms between PeoplesMD and you for any reason or no reason. Upon termination or expiration of the Terms, your obligations, the licenses you grant, all disclaimers and liability limitations, and Sections 3 (except for any license and right to use the Services), 4-16 survive, but your right to use the Service ceases immediately. PeoplesMD's failure to act with respect to a breach by you or others does not waive PeoplesMD's right to act with respect to subsequent or similar breaches. If you violate any of these Terms, your permission to use the Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Services.
15. GOVERNMENT END USERS The Service is a "commercial item" as defined in 48 C.F.R. §2.101. Consistent with 48 C.F.R. §§12.212 and 227.7202-1 through -4, all United States government end users may use the Services with only those rights set forth in these Terms.
17. BETA PROGRAM The Service is provided as a beta program, the purpose of which is to test and further refine and enhance the Service. PeoplesMD or a third party partner may contact you for feedback about the Service. You agree that anything you do on the Service and, to the extent you provide, any suggestions, comments and feedback regarding the Service, including but not limited to usability, bug reports, test results, emails, surveys, audio recordings, video recordings, transcriptions, opinions, reviews or other information with respect to the Service (collectively, "Feedback") can be used by PeoplesMD in any manner. You agree not to publicly provide negative reviews of the Service, disparage or defame the Service or PeoplesMD. Any and all Feedback, evaluation data (including the performance of any functionality of the Service, and any or other information you provide regarding the Service) and other material generated by using the Service is the sole property of PeoplesMD and is Confidential Information. If you provide Feedback to PeoplesMD, you shall grant PeoplesMD a worldwide, exclusive, perpetual, irrevocable, sub-licensable, transferable, royalty free, fully paid up license to such Feedback for all purposes and uses, including without limitation: (i) to make, use, copy, modify, sell, distribute, reproduce, and create derivative works of, modify, adapt, publish, edit, translate, transmit, publicly display and publicly perform such Feedback as part of any PeoplesMD products, technology, services, specification or other documentation (collectively, "PeoplesMD Product"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any PeoplesMD Product. The Service is currently in a private beta test period, nothing in these Terms or the Service is currently intended for public consumption and nothing on the Services shall be considered as an offer for sale or commercial or public use.
18. CONFIDENTIALITY You agree to not disclose any Confidential Information to any third party competitor of PeoplesMD. You agree to use best efforts to preserve and protect the Confidential Information from such disclosure, including without limitation that you shall take all measures to protect the secrecy of and avoid disclosure. You further agree to notify PeoplesMD in writing of any actual or suspected unauthorized disclosure of PeoplesMD's Confidential Information to a competitor, which may come to your attention. "Confidential Information" is any oral, written, graphic or machine-readable information that is (i) identified herein as confidential; (ii) designated in writing to be confidential or proprietary; (iii) including, but not limited to, information relating to the Service, patents, patent applications, research, product plans, products, developments, inventions, processes, designs, drawings, engineering, formulae, markets, software (including source and object code), hardware configuration, computer programs, algorithms, business plans, agreements with third parties, services, customers, marketing or finances of PeoplesMD; or (iv) is reasonably understood to be confidential. This Confidentiality Section 18 shall survive any expiration or termination of this Agreement.

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