Terms of Use Agreement

MedVantx welcomes you. The following website MedVantx Terms of Use Agreement (the "Agreement") governs your use of the MedVantx website (the "Service"). References to "you" and "your" refer to any individual or entity.

This site is not intended for use by residents outside of the United States of America.

For your ease and convenience, we make this notice available from every page of this website, identified as "Terms of Use" with a link to this notice.

PLEASE READ THESE TERMS OF USE CAREFULLY AS WELL AS THE MEDVANTX WEBSITE PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, BEFORE USING THIS SERVICE. By using this site or any content on this site including linking to this site, you agree to comply with the Terms of Use. If you do not agree, please exit and disregard the information contained herein.

Please note: These Terms of Use form a legally binding contract between you and MedVantx. By using the Services, you affirm that you are at least 18 years of age. If you are under the age of 18 years, you may not access or use the Services without the consent of your parent or guardian and his or her agreement to these Terms of Use on your behalf and takes full responsibility for your compliance with them. You agree that you or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Use, and to abide and comply with these Terms of Use. You may not access or use the Services if you are unable to form a legal binding agreement with MedVantx. If at any time you choose not to accept these Terms of Use, you should not access or use these Services.

Each of the websites that are linked to this website may be governed by their individual Terms of Use. Please refer to those Terms of Use for more information on any such associated website.

Revisions

You agree to check the MedVantx website periodically for new information and terms that govern your use of this site. MedVantx reserves the right to modify the Terms of Use at any time with or without notice to you. New Terms of Use are effective immediately upon posting at the MedVantx website or through your continued use of the services offered therein. MedVantx may, at its sole discretion, and at any time, discontinue the website or the services offered therein, or any part thereof, with or without notice to you, or may prevent your use of the Services with or without notice to you.

Site Content and Intellectual Property

All content on this site including text, graphics, photos, features, design and videos, and any information provided by MedVantx, its affiliates, employees, agents, representatives, licensors, or other third party partners (“MedVantx Information”) is the property of MedVantx and is protected by appropriate trademark, copyright, trade secret or other related laws both in the United States and internationally.

Obligations

You are required to comply with all applicable laws in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from MedVantx. As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement.

Electronic Communication

Sending emails to any MedVantx address is categorized as electronic communication and acts as your consent to receive return communication, in any form, from us electronically. You agree that all agreements, disclosures, notices or other communications that MedVantx provides to you electronically satisfy any legal requirement that such communications be in writing.

Phone Communication

By providing your phone number to MedVantx, you expressly consent to have MedVantx call you at that phone number.

Privacy Policy

You agree and consent to the terms of the Online Privacy Policies of this site and other MedVantx sites which may be linked from this site. You should review a copy of each website’s Privacy Policy.

We will not disclose, trade, rent, sell or otherwise transfer your personal information without your consent except as otherwise set out herein. Notwithstanding the foregoing, MedVantx may transfer information MedVantx has about you to third parties in connection with a merger, sale or acquisition involving all or part of our company, or as part of a corporate reorganization or stock sale or other change in corporate control. If MedVantx undergoes such a business transition, your personal information may be one of the assets affected.

No Professional Advice

Any information supplied through the site, or by any employee or agent of MedVantx, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance only, and does not constitute medical, legal, or other professional advice. Health-related information provided through the site is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to MedVantx does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

Links

This site contains links to other sites, offering other services. MedVantx takes no responsibility for your use of any third party service and has no control over how those services are offered, administered or operated. Any such use of non-MedVantx controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

Access and Retention

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

Export Control Laws

This site and the information contained herein may be subject to United States export controls, and export controls of other jurisdictions. By using the this site or MedVantx Information, you warrant that you are not located in any country, or exporting MedVantx Information to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any MedVantx Information subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to any MedVantx Information, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Paragraph shall survive termination of this Agreement.

Updates to Site

MEDVANTX MAY FIND IT NECESSARY TO UPDATE, OR RESET THIS SITE. THESE UPDATES OR RESETS MAY AFFECT YOUR INTERACTIONS WITH THIS SITE AND THE SERVICES OFFERED HEREIN. MEDVANTX RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE, THE MEDVANTX INFORMATION AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICES, MEDVANTX INFORMATION AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS WHEREAS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, ACCURACY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE MEDVANTX SITE OR THE SERVICES PROVIDED THEREUNDER. MEDVANTX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MEDVANTX DOES NOT PROVIDE ANY WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, (A) THE ACCURACY OF LOCATION BASED INFORMATION TRANSMITTED THROUGH THE SITE, (B) THE ACCURACY OR VALIDITY OF ANY INFORMATION TRANSFERRED THROUGH THE SITE TO ANY THIRD PARTY, AND (C) ANY LOSSES (INCLUDING LOST DATA OR INFORMATION) THAT MAY OCCUR AS A RESULT OF A DELAYED OR LOST TRANSFER THROUGH THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MEDVANTX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARISING OUT OF OR RELATING TO THIS SITE OR THE MEDVANTX INFORRMATION IS TO STOP USING THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT MEDVANTX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THIS SITE OR USE OF THE MEDVANTX INFORMATION.

IN NO CASE SHALL MEDVANTX’S, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MEDVANTX AS A RESULT OF YOUR ACCESS TO THE SITE DURING THE YEAR YOUR CLAIM AGAINST MEDVANTX ACCRUED. IN NO CASE SHALL MEDVANTX OR MEDVANTX’S AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THIS SITE OR THE MEDVANTX INFORMATION OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THIS SITE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MEDVANTX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Indemnification

Upon MedVantx’s request, you agree to defend, indemnify and hold harmless MedVantx, its affiliates, employees, agents, representatives, licensors or other third party partners against any claim for any liabilities, damages, losses, judgments and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Use by you.

MedVantx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Paragraph shall survive termination of this Terms of Use.

Prohibited Uses Generally

By using this site, you agree not to:

  1. Use any false or inaccurate information for purposes of registering for any promotions offered through the site, if applicable;
  2. delete or revise any material or other information of MedVantx;
  3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  4. take any action that imposes an unreasonable or disproportionately large load on the site’s infrastructure;
  5. use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the site;
  6. use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the site other than (i) the search engine and search agents available from MedVantx on the site and (ii) generally available third-party web browsers; or
  7. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the site.

You further agree not to violate or attempt to violate the security of the site, including, without limitation, actions such as:

  1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding," "spamming," "mailbombing," or "crashing," the site;
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. MedVantx will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.

Termination/Modification of this Agreement

MedVantx reserves the right, in its sole discretion, to terminate or revise this Agreement at any time without prior notice. You are bound by any such revisions or termination and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.

Authorship

To the extent that content is identified on the site as authored by a third party, MedVantx is not the author.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You and MedVantx expressly agree to submit to the exclusive jurisdiction and venue of the courts in California in all disputes arising out of or relating to the use of this site.

No Waiver

The failure of MedVantx to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and MedVantx with respect to your use of the site subject to the separate terms and conditions of other sites or services to which the site is linked. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining portions shall remain in full force and effect.

Rev. April, 2013
© MedVantx, Inc.

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