Terms and Conditions
PLEASE READ
PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THE WWW.MEDIVANCE.COM WEB SITE (THE “SITE”). BY ACCESSING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS AND USE THE WEB SITE.
USE OF THE SITE
Subject to your compliance with these Terms of Use, Medivance, Inc. (“Medivance”) grants to you a personal, non-exclusive, non-assignable and non-transferable license to use the Site from a single computer and to use the Site solely as permitted under these Terms of Use. You may not make any unauthorized or commercial use of our Site and its contents, and you may not engage in any conduct or action that is prohibited by or violates any federal, state or local laws. You shall not deliberately or knowingly transmit over or through the Site any information, data or property, such as a virus, bug, worm, or Trojan horse, that could be disruptive to the Site or to our systems or any third party that accesses the Site. At no time shall you use the Site in any illegal or otherwise proscribed manner. In using the Site, you agree to abide by these Terms of Use, as amended from time to time.
This Site contains information regarding the features and benefits of the medical devices and related products produced by Medivance and is intended for use by customers, health care providers and the public. This Site is not intended for use by children under the age of 18 without the supervision of a parent or guardian.
In order to: (i) obtain access to our product brochures, product operations manuals, technical specifications and/or educational materials through the Site, or (ii) participate in our computer based learning module on the Site, you will need to a registered user of the Site, under a user identification name and password that you select. You agree that you will be responsible for maintaining your user account information as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your account. You agree to immediately notify us in the event that (i) your account is lost or stolen, or (ii) you become aware of any unauthorized use of your account or of any other breach of security that might affect the Site. Medivance is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
MEDIVANCE DOES NOT PROVIDE MEDICAL ADVICE THROUGH THE SITE
Information on this Site regarding Medivance’s medical devices and related products and use for certain medical conditions and illnesses is provided for informational purposes only, and is not intended as medical advice of any kind or as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on this Site for diagnosing or treating a health condition or disease, or prescribing any medication or other treatment.
DISCLAIMERS
THE CONTENT PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THIS SITE IS PROVIDED FOR YOUR USE ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT BY MAINTAINING THIS SITE, MEDIVANCE IS NOT PROVIDING MEDICAL ADVICE OR OTHER HEALTH CARE SERVICES AND SHALL NOT BE LIABLE TO ANY PARTY FOR ANY ACT OR FAILURE TO ACT RELATING THERETO, IN ADDITION TO ANY LIMITATION OF LIABILITY PROVISIONS CONTAINED IN THESE TERMS OF USE. FURTHERMORE, MEDIVANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND THIRD PARTY CONTENT PROVIDERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITE OR ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, THE RELIABILITY, TRUTHFULNESS, ACCURACY OR COMPLETENESS OF ANY CONTENT AND THE UNINTERRUPTED OR ERROR-FREE USE OF OUR SITE. UNLESS OTHERWISE STATED EXPRESSLY, ANY OPINION, VIEW OR IDEA EXPRESSED, OR ANY CONTENT CONTRIBUTED OR PUBLISHED BY THIRD PARTIES IS THE AUTHOR’S OWN AND DOES NOT REPRESENT THE VIEWS OF MEDIVANCE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES. MEDIVANCE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, ACCURACY, TIMELINESS, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
OUR WARRANTIES WITH RESPECT TO OUR SPECIFIC MEDICAL DEVICES AND RELATED PRODUCTS ARE CONTAINED IN THE PRODUCT OPERATIONS MANUAL FOR EACH MEDIVANCE PRODUCT, WHICH MAY BE ACCESSED THROUGH THIS SITE. NOTHING IN THESE TERMS OF USE IS INTENDED TO ENHANCE, CHANGE OR MODIFY ANY SUCH WARRANTIES.
MEDIVANCE DOES NOT WARRANT THAT OUR SITE OR FILES AVAILABLE ON OUR SITE WILL BE FREE FROM CORRUPTED DATA, COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE OR CONTAMINATING CODE. MEDIVANCE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY, LIABILITY, CLAIM OR ANY OTHER CAUSE OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OR DAMAGES TO PROPERTY, AND CLAIMS OF THIRD PARTIES, ARISING FROM YOUR USE, DISSEMINATION OF OR RELIANCE ON ANY CONTENT PROVIDED ON THIS SITE, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT THERETO.
USE OF LINKED SITES
Medivance may from time to time provide links to other web sites for the convenience of users of this Site, and such links do not constitute any endorsement by Medivance of the linked web sites or of any information, services or products that are provided or offered by the linked web sites. You agree that your access and use of any linked web sites is entirely at your own risk. You are encouraged to review the terms and conditions of use and privacy statements (if any) of the linked web sites as you may be subject to such terms of use and privacy statements. MEDIVANCE SHALL NOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN ANY THIRD PARTY WEB SITE FURTHER, MEDIVANCE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON OTHER WEB SITES THAT CONTAIN LINKS TO THIS SITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST MEDIVANCE WITH RESPECT TO SUCH WEB SITES.
INTELLECTUAL PROPERTY
Medivance owns and operates this Site and the information available on the Site. All content including, but not limited to, text, graphics, logos, buttons, icons, and images, the arrangement of the content and the software, are the property of Medivance, its affiliates, licensors, or third party content providers and is protected by U.S. and international copyright and trademark laws. You agree not to publish, copy, reproduce, redistribute, download, disseminate, transmit, broadcast, publicly display, sell, license, transfer in any form or by any means, create any derivative work from, or commercially exploit, any such information, or link to or from, adapt or alter the Site in any manner, without prior written consent of Medivance or the applicable affiliate, licensor or third party content provider or as otherwise expressly permitted herein or on this Site. You agree not to decompile, disassemble, reverse engineer or otherwise attempt to misappropriate any software (including but not limited to source code) contained in or used with this Site. Furthermore, the names, trademarks, service marks, and logos used on this Site are the property of Medivance, its affiliates, licensors or third party content providers, and you agree not to use any such name, mark or logo in any advertising or publicity, or otherwise to indicate the sponsorship of or affiliation with any product or service, without prior written consent of the owner of such name, mark or logo. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trade name, trademark, service mark, logo or any other proprietary notice or legend appearing on this Site or any information contained in any document or material in which you access and/or download from this Site.
Medivance endeavors to respect the intellectual property rights of others, and entities and individuals who believe that their intellectual property appears on this Site without appropriate authorization are encouraged to contact our Customer Service Center at 1-877-267-2314 or e-mail us at customerservice@medivance.com regarding these issues. Medivance will use reasonable efforts to investigate such inquiries, and to take any action that it, in its sole discretion, believes is appropriate under the circumstances.
INDEMNIFICATION
BY ACCESSING AND USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO HOLD MEDIVANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND THIRD PARTY CONTENT PROVIDERS HARMLESS FROM ANY AND ALL DAMAGES, LEGAL ACTIONS OR CAUSES OF ACTION THAT MAY NOW OR HEREINAFTER ARISE AS A RESULT OF YOUR USE OF THE SITE OR YOUR BREACH OF THESE TERMS OF USE.
APPLICABLE LAW; JURISDICTION AND VENUE
Medivance makes no representation that the content on the Site is appropriate, legal or available for use in other locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Site or the content shall be governed by the internal laws of the state of Colorado, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the federal courts located in Denver, Colorado.
PRIVACY
Use of this Site is also governed by our Privacy Practices Policy, which is incorporated into these Terms of Use by this reference.
CHANGES TO THE TERMS OF USE
We reserve the right to change, modify, add or remove portions of the Terms of Use at any time, and any changes will become effective immediately upon being posted on the Site unless otherwise specified therein. Your continued use of the Site after the Terms of Use have been amended shall be deemed to be your continued acceptance of the Terms of Use, as amended. Certain provisions of these Terms of Use may be superseded by legal notices or terms located elsewhere on this Site.
Please contact our Customer Service Center at 1-877-267-2314 or e-mail us at customerservice@medivance.com if you have any questions regarding these Terms of Use.
These Terms of Use were last updated on January 15, 2009.