MedValent Terms of Service

MedValent.com (MedValent) is owned and operated by WMBS, LLC and its affiliates (collectively referred to herein as "we," "us," or "our").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. By using the MedValent Web site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the MedValent Website. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment."

RESTRICTIONS ON USE OF MATERIALS

All materials contained in the MedValent Website are the copyrighted property of WMBS, LLC, or its subsidiaries or affiliated companies and/or third-party licensors unless otherwise indicated. All trademarks, service marks, trade names, and trade dress are proprietary to WMBS, LLC, or its affiliates or licensees. No material from any MedValent Website or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any MedValent Website. The use of any MedValent material on any other Web site or computer environment is prohibited, unless expressed written permission is granted by WMBS, LLC.

In the event you download software from any MedValent Website, the software, including any files, mp3s, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. In no manner is title transferred for any Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

SITE RULES

The following is a list of the Site Rules of conduct for the MedValent Website. By using the MedValent Website you agree not to do any of the following:

  • Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
  • Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
  • Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind;
  • Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
  • Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
  • Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "spamming" as those terms are commonly understood and used on the Internet;
  • Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
  • Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of the site or Forum.

Additionally, you may use our “Send to A Friend” feature for noncommercial purposes only. You must furnish your actual e-mail address in order to send. Any business use, "re-mailing," or other high-volume application is strictly prohibited. You are not permitted to send messages using an automated program. Send to A Friend messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Site Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Site.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a MedValent Website in violation of the law.

CONTENT LINKED TO ANY MEDVALENT WEB SITE

You should be aware that when you are on a MedValent Web site, you may be directed to other sites that are beyond our control. There are links to other sites from MedValent pages that take you outside of our service. For example, if you click on a banner advertisement, the click may take you off the MedValent Web site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a MedValent Web site the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that MedValent is not responsible for those sites. We reserve the right to disable links without notice from third-party sites to any MedValent Web site, although we are under no obligation to do so.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites linked to a MedValent Web site.

DISCLAIMER

THE MATERIALS IN THE MedValent WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY MedValent WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY TPN SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY MedValent WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any MedValent Web site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any MedValent Web site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

INDEMNIFICATION

Should we offer site member services which you opt in to subscribe to, you agree that you are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MedValent WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY MedValent WEBSITE.

JURISDICTIONAL ISSUES

MedValent is controlled and operated by WMBS, LLC and its affiliates from its U.S. offices in Orange County, California. We make no representation that materials on any MedValent Web site are appropriate or available for use in any particular location. Those who choose to access a MedValent Web site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

AMENDMENT

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we will not be obligated to notify you of any such change, modification, addition, or deletion. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you any notice or message from MedValent, the dispatch of an e-mail containing any such notice shall constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

TERMINATION

These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of all MedValent Web sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you (including your access to any and all MedValent Web sites or pages) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all MedValent Web sites and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider: MedValent

Name of Agent Designated to Receive Notification of Claimed Infringement: WMBS, LLC

E-Mail Address of Designated Agent: [email protected]

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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;
  • 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;
  • 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
  • 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. We may give notice of a claim of copyright infringement to our users by means of a general notice on any MedValent Website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.