DESCRIPTION OF WEBSITE.
The Viimed.org website is provided to you and other users (the “Users”) for convenience. ViiMed does not select health care organizations or clinicians for Users, nor does it endorse or recommend any healthcare organizations or clinician.
PROPRIETARY RIGHTS AND LICENSE.
(a) ViiMed or its licensors own all text, visual, audio, or digital material or other content of any kind on the website (collectively, the “Content”), and all worldwide rights, title and interest therein, including copyrights, the ViiMed name and mark and all other trademarks or service marks owned by ViiMed (the “Marks”), patents, patent registration rights, trade secrets, know-how, and database rights relating to the Content or website.
(b) Subject to this Agreement, ViiMed grants the User a personal, nonexclusive and nontransferable license to use and display the Content on any machine(s) of which you are the primary user. You may download and reprint a single copy of the materials from the website for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without prior written permission of the applicable rights holder(s). Except as provided above or as expressly provided for within the website as related to certain portions of the Content, you may not copy, electronically or otherwise transmit, redistribute, republish, modify, adapt, translate, reverse engineer, decompile, disassemble, sublicense or otherwise provide the Content to any third party. You may not use or include any Content in any other print or electronic publication, service or product.
(c) You may not use, adopt or attempt to register anywhere in the world any Mark, either alone or in combination with any other word or symbol, or any mark or name which is similar or confusingly similar thereto. You shall not alter or remove any trademark, copyright or other notice from any copies of the Content.
Viimed.org is operated within the United States of America. Regardless of the location from which the website is accessed, you agree to comply with all applicable U.S. and other applicable laws in connection with your use of the website and Content.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT EXPRESS OR IMPLIED STATUTORY OR OTHER WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. NEITHER VIIMED NOR ANY OF ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS WARRANT THAT THE CONTENT OR WEBSITE WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. VIIMED MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, LEGALITY, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS, OR TIMELINESS OF THE WEBSITE OR CONTENT. THE USE OF THE WEBSITE OR CONTENT IS ENTIRELY AT YOUR OWN RISK AND VIIMED ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE OR LINKS TO THE WEBSITE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.
LIMITATION OF LIABILITY.
NEITHER VIIMED NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS SHALL BE LIABLE, TO THE MAXIMUM ALLOWED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE CONTENT OR WEBSITE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR RELIANCE UPON, USE OR INABILITY TO USE THE CONTENT OR WEBSITE, OR ANY ERRORS OR DEFECTS THEREIN OR ANY LOSSES, DAMAGES OR INJURIES RESULTING THEREFROM. NEITHER VIIMED NOR ANY OF ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES RESULTING FROM ACCESSING, ALTERING, OR DESTROYING CONTENT, OR DAMAGES FROM LOSS OF BUSINESS, PROFITS OR BUSINESS OPPORTUNITIES. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE WEBSITE OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
To the maximum allowed by applicable law, you agree to defend, indemnify, hold harmless, release, waive and discharge ViiMed, including its officers, agents, affiliates, employees, licensors and service providers, from any and all suits, claims, proceedings, losses, liability, and expenses, including attorneys’ fees, whether in tort, contract or otherwise, which arise out of or relate to the Content or website or your breach of any term in this Agreement.
(a) If you violate any terms herein, applicable law, the rights of any other party, or any policy posted on the website, ViiMed may determine, in its sole discretion, the appropriate response, including termination of your access to the website.
(c) Violations of this Agreement may be reported here, along with the following information:
(i) the nature of the alleged violation, along with any supporting evidence;
(ii) the date and time of the alleged violation, including the time zone; and
(iii) the address used to commit the alleged violation.
Use of the Website Content: When you access the website to review the Content, you are not required to register or otherwise provide any personal information. As a result, we do not sell, lease, or otherwise provide personally identifiable information to third parties because we do not collect such information.
If you do not wish to use “cookies” you may disable this option in your Internet browser settings. “Cookies” can be removed from your computer.
Information Collection, Disclosure and Use for Website Services: When you access the website to request certain Products or services, we collect information about you as more fully described below. Your information may be used by ViiMed and its employees and representatives to provide and/or perform the Products and services. ViiMed may also use your information to offer you additional information, products or services that match your areas of interest.
You may be asked to provide information about yourself and/or your organization. As a result of your actions, you may provide ViiMed with personal information, such as your name, mailing address, email address, phone number, organization, and job title. We use the information you provide to provide and/or perform the Products or services, to communicate with you on matters relating to the website and/or Products or services, to resolve disputes, and to provide you with information about related services and/or products. ViiMed does not store or retain any credit card or other financial information.
Minors: We do not direct any of our content specifically at minors.
Privacy: This website may contain links to other websites. We have no control over, and are not responsible for, the privacy policies or content of such sites.
You acknowledge that ViiMed does not review sites or advertisements linked into or out of the website and such linking does not constitute an endorsement or sponsorship thereof by ViiMed. ViiMed is not liable for any third-party advertising, information, goods, services, content or for transactions you may enter into as a result thereof, off-site or stored pages, or old or expired links. You hereby waive any claim against ViiMed because of any of the foregoing to the maximum allowed by applicable law.
CHOICE OF LAW.
This Agreement shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Delaware, USA, without regard to conflicts of law provisions thereof. Any controversies or claims arising out of or relating to this Agreement, or the breach thereof, shall be settled by one arbitrator under the auspices of the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration shall be conducted in the District of Columbia, USA. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary in this Agreement, since you recognize that breach of this Agreement may cause ViiMed irreparable injury, ViiMed, in addition to all other remedies, shall have the right to equitable or injunctive relief anywhere, as it deems fit, in the event of any actual or attempted breach of your obligations hereunder.
MODIFICATION OF AGREEMENT.
To remain flexible in its provision of the Products, ViiMed reserves the right to make changes to any agreement or policy posted on the website at any time. Notice of discontinuance or changes to any agreement or policy may be posted on the website or sent via e-mail or postal mail. Continued use of the website after the posting of any changes or modifications to any agreement or policy shall constitute agreement to be bound thereby.
ViiMed may modify, suspend, discontinue, delete or restrict the use of any portion of the website at any time without notice or liability. ViiMed shall not be liable for any modification or discontinuance of the website. ViiMed may deny access to the website to any person at any time for any reason.
TERM OF AGREEMENT.
This Agreement shall become effective immediately upon your use of the website.
You may not use any device or software to interfere or attempt to interfere with the proper operation of the Website or Content.
SEVERABILITY AND SURVIVAL.
If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of this Agreement concerning intellectual property rights, dispute resolution, governing law, warranties, limitations of liability, indemnities, this Section 15 and any other provisions which contemplate continuing effectiveness shall remain in effect after the termination or expiration of this Agreement.
The headings contained in this Agreement are not intended to be full and accurate descriptions of the contents of this Agreement and shall not affect the meaning or interpretation of this Agreement.
FAILURE TO ENFORCE.
ViiMed’s failure to exercise or enforce any right or provision identified herein or posted on the website shall not constitute a waiver of such right or provision unless agreed to in writing by ViiMed.
This Agreement constitutes the entire and final agreement between Users and ViiMed relating to this subject matter.