This website (“Website”) is owned or managed by Vytal or its Affiliates (“MEDVANTX”). As used in the Agreement, the term “Affliates” means, any other Person that directly or indirectly controls, is controlled by, or in under common control with Vytal Inc. The term “control” (including, with correlative meanings, the terms “controlled by” and “under common control with”) as applied to any Person means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of such Person. The term “Person” means any individual, partnership, corporation, limited liability company, unincorporated organization or association, any trust or any other business entity.
YOU MAY NOT USE ANY Vytal WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY Vytal WEBSITE MAY BE TERMINATED IMMEDIATELY IN MEDVANTX’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Information provided by MedVantx, its affiliates, employees, agents, representatives, licensors, or other third party partners (“Vytal Information”) is the property of Vytal and is protected by appropriate trademark, copyright, trade secret or other related laws both in the United States and internationally. You bear the entire risk of the completeness, accuracy or usefulness of the Vytal Information found through the Services.
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, Vytal may transfer information Vytal 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 Vytal undergoes such a business transition, your personal information may be one of the assets affected.
No Professional Advice
Vytal 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-Vytal 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 Vytal Information, you warrant that you are not located in any country, or exporting Vytal 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 Vytal 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 Vytal 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
Vytal MAY FIND IT NECESSARY TO UPDATE, OR RESET THE THIS SITE. THESE UPDATES OR RESETS MAY AFFECT YOUR INTERACTIONS WITH THIS SITE AND THE SERVICES OFFERED HEREIN CUSTOMERS. Vytal 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 AND THE Vytal INFORMATION AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICES, MADVANTX 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 Vytal SITE OR THE SERVICES PROVIDED THEREUNDER. Vytal 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, Vytal 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 Vytal 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 Vytal 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 Vytal AS A RESULT OF YOUR ACCESS TO THE SITE DURING THE YEAR YOUR CLAIM AGAINST Vytal ACCRUED. IN NO CASE SHALL Vytal OR MEDVANTX’S AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THIS SITE OR THE Vytal 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, IT’S AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
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 Vytal 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,” “mail bombing,” 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. Vytal 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
To the extent that content is identified on the site as authored by a third party, Vytal 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 Vytal 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.
The failure of Vytal 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 Vytal 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.