Website Access and Usage Terms and Conditions
YOUR USE OF THIS WEBSITE, www.medvance.edu, (the "Site") CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (the "Terms"). MedVance Institute and its affiliates (collectively, "MedVance") may modify the Terms as well as discontinue or change content or services offered at any time and your continued access and use of the Site thereafter constitutes your acceptance of such changes. If you do not agree with the Terms, please do not use this Site. Each time you use the Site, the current version of the Terms will apply. Accordingly, when you use the Site, you should check the date of the Terms (which appears at the top) and review any changes since the last version.
I. COPYRIGHT/TRADEMARKS
All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site are the intellectual property of MedVance, its licensors and its suppliers. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with MedVance, its licensors or its suppliers, as the case may be.
MEDVANCE INSTITUTE, the MEDVANCE INSTITUTE logo, "LEADING HEALTHCARE CAREER TRAINING," and "ADVANCE YOUR LIFE IN ABOUT A YEAR" are service marks of MedVance Institute. All rights not expressly granted herein are reserved.
II. USE OF SITE
Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without MedVance�s prior written consent. As a condition of your use of the Site, you represent, warrant and covenant to MedVance that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
By way of example, and not as a limitation, you agree that when using the Site and when submitting information via the Site, you will not:
- Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Send viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Send false or misleading information.
MedVance shall have no obligation to monitor the usage of the Site. However, MedVance reserves the right to review any communications or submissions directed to the Site and to remove any materials in its sole discretion. MedVance reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. MedVance further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials presented on the Site are subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
III. LINKS TO THIRD PARTY SITES; FRAMING OF THIRD PARTY SITES
The Site may contain links to other third party websites ("Linked Sites") or frames of other third party website screens ("Framed Sites"). The Linked Sites and Framed Sites are not under MedVance�s control and MedVance is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. MedVance is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site. MedVance provides such links or frames to you only as a convenience, and the inclusion of any link does not imply endorsement by MedVance of the Linked Site or Framed Site or any association with its operators.
IV. INFORMATION PROVIDED TO THE SITE
Please see our Privacy Policy for general information regarding the collection and utilization of aggregate and user identifiable information on our Site. MedVance does not want to receive confidential or proprietary information from you through this Site. Any information that MedVance receives through its Site, other than your user identifiable information and aggregate information covered by MedVance's Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY. BY TRANSMITTING TO MEDVANCE INFORMATION VIA THIS SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH MEDVANCE REGARDING YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT MEDVANCE MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU AND YOU AUTOMATICALLY GRANT MEDVANCE, ITS AFFILIATES, AND SUBSIDIARIES AN IRREVOCABLE, ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, COPY, DISPLAY, PUBLISH, MODIFY, AND EDIT SUCH SUBMISSIONS IN ANY FORM, MEDIA, OR TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, AND TO SUBLICENSE THESE RIGHTS TO ANYONE. YOU ALSO WARRANT THAT, TO THE EXTENT THAT YOU ARE NOT THE EXCLUSIVE HOLDER OF ALL RIGHTS IN CONTENT YOU SUBMIT, THE HOLDER OF ANY RIGHTS HAS COMPLETELY AND EFFECTIVELY WAIVED ALL SUCH RIGHTS AND VALIDLY AND IRREVOCABLY GRANTED TO YOU THE RIGHT TO GRANT THE LICENSE STATED ABOVE. YOU ALSO PERMIT ANY USER TO ACCESS, DISPLAY, VIEW, STORE AND REPRODUCE SUCH CONTENT THAT YOU HAVE MADE PUBLIC.
V. SITE SECURITY
You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited.
VI. DISCLAIMERS
MedVance does not warrant the accuracy or completeness of the information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site and shall have no liability for damages of any kind arising out of information on this Site. MedVance does not ensure that this Site is free of viruses or other harmful components. USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEDVANCE MAY MAKE CHANGES IN THE SITE AT ANY TIME. INFORMATION RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, FINANCIAL OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
MEDVANCE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MEDVANCE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE AND OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS of MEDVANCE, ITS AGENTS, LICENSORS, OR SUPPLIERS.
FURTHERMORE, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
VII. LIMITATION OF LIABILITY
IN NO EVENT SHALL MEDVANCE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR MEDVANCE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEDVANCE OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MEDVANCE RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR THE POSSIBLE CONSEQUENCES OF SUCH CHANGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
VIII. GENERAL
You agree to defend, hold harmless, and indemnify MedVance from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or resulting from your use of the Site. You agree to hold MedVance harmless from any claims relating to any action taken by MedVance as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms are governed by the laws of the State of Florida, U.S.A. You hereby consent to personal jurisdiction and venue in West Palm Beach, Florida, U.S.A. in all disputes arising out of or relating to the use of the Site and agree that any dispute or claim raised or made by you against MedVance relating to the Site shall be subject to arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MedVance as a result of your agreement with these Terms or use of the Site.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and MedVance with respect to the Site and the information provided via the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MedVance with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
IX. REPORTING VIOLATIONS; ENFORCEMENT
Any party seeking to report any violations of these Terms may contact MedVance via e-mail: websupport@medvance.edu. When MedVance becomes aware of an alleged violation of these Terms, MedVance will initiate an investigation. Depending on the severity of the violation, MedVance may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, MedVance will notify the appropriate law enforcement agency of such violation.