Effective Date: May 3rd, 2015
THIS AGREEMENT CONTAINS BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION, BELOW.
1. Code of Conduct.
You, and not Medtech[y], are solely responsible for any and all content and information you publish or display, on or via the Service. You expressly and unconditionally agree to use the Service for lawful purposes only and in a manner consistent with the Terms, Medtech[y]’s policies, applicable laws, rules and regulations, and/or other binding obligations (including contractual obligations) you may have towards third parties.
You expressly and unconditionally agree NOT to use the Service, or any information obtained by, from or through the Service (or, assist a third party), to:
- Violate any laws, rules, regulations, third party rights or our policies.
- Harass, abuse, defame, promote racism, promote hatred, personally attack or harm another person, or in order to contact, advertise to, or to solicit any user without prior express consent;
- Promote pornography, or content that is obscene or sexually explicit in nature;
- Violate the privacy, publicity or intellectual property rights of another person;
- Post inappropriate, incorrect, untruthful or inaccurate content, or content unrelated to the Service;
- Introduce viruses, software, computer code, malicious code or automated agents to the Service, or access the Service so as to generate automated messages or to strip or mine data from ;
- Interfere with, disrupt, modify, reverse engineer, unduly burden or decompile any data or functionality of the Service or networks connected thereto;
- Assist, facilitate, encourage, induce, or request that anyone else take any action which may impair or negatively affect the visibility or ranking of Medtech[y] pages in search engines;
- Distribute or post junk mail, unsolicited commercial communications, SPAM or bulk electronic communications, including, without limitation, promoting other websites;
- Post, distribute or reproduce ’s copyrighted material, trademarks or other proprietary information without prior express written consent, unless otherwise permitted by law;
- Post, distribute or reproduce a third party’s copyrighted material, trademarks or other proprietary information without prior express written consent, unless otherwise permitted by law;
- Violate any contractual obligations you may have by or between a third party, including, but not limited to, your current or former employer, or any potential employer;
- Post any job listing that: (i) is for an unlawful purpose; (ii) fails to comply with applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property; (iii) discriminates based upon, without limitation, gender, race, age or disability; (iv) contains false or misleading information by, without limitation, soliciting employees by intentionally misrepresenting any material term of employment; (v) fails to clearly, conspicuously and accurately describe material terms of employment and the applicable product or service; and/or (vi) violates the intellectual property right of a third party and/or improperly links to a third party’s website;
- Offer incentives or compensation in exchange for positive comments or reviews.
2. Removal of Objectionable Content.
IN ACCORDANCE WITH SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 (CODIFIED AT 47 U.S.C. § 230), MEDTECH[Y] CANNOT BE HELD LIABLE FOR CLAIMS ARISING FROM THE CONTENT PROVIDED BY THIRD PARTIES.
Medtech[y] passively hosts third party-provided content and is not responsible therefore. Medtech[y] is immune from liability for all such third party content, of any kind or nature. As a general rule, Medtech[y] does not review or monitor content posted or transmitted by users of the Service. However, Medtech[y] reserves the right, but is not obligated, in our sole and absolute discretion, to review, modify, investigate or remove objectionable, profane, offensive, indecent, libelous, threatening or private content, third party content that violates the Terms or our policies, or that we otherwise believe to be inappropriate.
If you believe that a violation of the Terms or Medtech[y] policies has occurred, please contact us, here. Medtech[y] may, but is not obligated, in our sole and absolute discretion, to review the content and investigate whether modification or removal of the third party content is warranted. However, you expressly acknowledge that Medtech[y] has no obligation or liability to you should we refuse to take action by reviewing, monitoring, modifying, investigating or removing content posted or transmitted by users of the Service. You expressly acknowledge and agree that a refusal by Medtech[y] to investigate or take action to, without limitation, remove or modify content, shall not constitute a violation of the Terms or our policies. Medtech[y] reserves all rights to report any misconduct to law enforcement, regulatory authorities or administrative bodies, and/or to take legal action against you.
With the exception of those posting potential employment opportunities and candidate applicants, Metech[y] permits users to utilize the Service features anonymously, without any registration information, and does not store any such personally identifiable information (“PII”). To the extent that a user’s PII may exist and be viewable by Medtech[y], if at all, although under no obligation to do so, Medtech[y] reserves the right to take appropriate action to protect the anonymity of users against the enforcement of subpoenas or other information requests that seek a user’s electronic address or PII.
3. Disclaimer and Limitation of Liability.
The Service is provided "as-is" and as available. Medtech[y] expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. makes no warranty that the Service will meet your requirements; that the Service will be available on an uninterrupted, timely, secure, or error-free basis; or that the results that may be obtained from the use of the Service will be accurate or reliable. Without limitation, opinions, advice, statements, offers, postings, reviews, messages, resumes, job listings, photographs, text, files, videos, works of authorship, electronic mail or other information or content made available by or through users, visitors, advertisers and other third parties are those of their respective authors, not of , and should not necessarily be relied upon for accuracy. Medtech[y] does not control any of the aforementioned content. Rather, such third party content provider authors are solely responsible for the accuracy of such content. does not guarantee or endorse the accuracy, completeness, quality or usefulness of any information and neither adopts nor endorses, nor is responsible for the accuracy or reliability of, any opinion, advice or statement made. Under no circumstances will be responsible for any unintended, objectionable, inaccurate, misleading, or unlawful information, material or content made available by or through users, visitors, advertisers and third parties. Assumes not responsibility for any loss or damage resulting from a third party’s reliance upon information or other content posted via the Service. You are solely responsible for your interactions with advertisers, visitors and other third parties. Medtech[y] is not responsible for the activities, omissions, content inaccuracies or other conduct, whether online or offline, of any third party visitors or users of the Service. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with users and non-user visitors. Is not responsible for any problems or technical malfunction of any hardware and software associated with the Service due to technical problems on the Internet and/or on the Website, including any injury or damage to visitors or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Medtech[y] be responsible for any loss or damage resulting from use of the Service, third party content, or user and non-user visitor interactions.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow such disclaimer and limitations on liability. Such disclaimers and exclusions may not apply to you. The disclaimers and limitations on liability apply to the maximum extent allowable under applicable law. Nothing contained herein is intended to limit any rights you have which may not be lawfully limited.
Do NOT post, submit, display or publish digital content if you do not agree to the Terms. You expressly and unconditionally represent and warrant that you own your content. You expressly acknowledge and agree that by posting, submitting, displaying and/or publishing digital content via the Service, you grant a non-exclusive, worldwide, perpetual, unrestricted, sublicensable, irrevocable, royalty-free right to exercise any and all publicity and intellectual property rights you may have in and to the content, including, without limitation, the right to use, copy, perform, display, publish, create derivative works of, and distribute such content in any and all media worldwide, whether or not currently known. You will have no right to compensation for any content that you post, submit, display and/or publish via the Service and expressly waive any and all such rights, if any. retains all intellectual property rights in and to the trademarks, logos, service marks and content that it provides, and grants you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print content from solely for your personal use in connection with the Service. Unless stated otherwise in writing, you agree not to reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works of ’s intellectual property and content.
5. Procedure for Making Claim of Copyright Infringement.
Please note that this procedure is exclusively for notifying Medtech[y] that your copyrighted material has been infringed, in accordance with the Digital Millennium Copyright Act.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Medtech[y] with the following information in writing (preferably via email to [email protected]), or as set forth herein. Medtech[y] endeavors to respond promptly to infringement concerns.
- Identification of the copyright content claimed to have been infringed, or, if multiple copyrighted works at a single online locating are covered by a single notification, a representative list of such works at that site;
- Identification of the content 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 Medtech[y] to locate the material;
- Information reasonably sufficient to permit Medtech[y] to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- The following statement: “I have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A DMCA Takedown Notice must comply with the form outlined above. Please note that this procedure is exclusively for notifying Medtech[y] of copyright infringement.
Medtech[y]’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent, Medtechy.com Legal Department, 400 S. 4th Street, #500, Las Vegas, NV 89101. Email: [email protected].
If you dispute the allegations contained within a Takedown Notice and believes them to be unjustified, the DMCA provides a right to file a Counter-Notice and request that the disputed content be put back up. The counter notification procedure is designed to provide protection from meritless claims of copyright infringement.
Please provide Medtech[y] with the following information in a written communication (preferably via email to [email protected]):
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
- Your name, address and telephone number;
- The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled”; and
- Your signature, in physical or electronic form.
A DMCA Counter-Notice must comply with the form outlined above. Please note that this procedure is exclusively for notifying Medtech[y] of abusive copyright infringement allegations.
You agree to defend, indemnify, and hold , our subsidiaries, members, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising from your use of the Service and due to or arising from your breach of any provision of the Terms.
You hereby release Medtech[y], our officers, members, employees, agents and successors from any and all claims, demands, and losses, damages, rights, claims and actions of any kind, known and unknown, that are either directly or indirectly related to or arises from any interactions or disputes with other users and non-user visitors, and/or your participation in the Service.
8. Dispute Resolution, Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HAVE AGAINST EACH OTHER ARE RESOLVED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), except as modified herein. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Medtech[y] must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and any hearing must take place in Clark County, Nevada. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the claims or disputes that would otherwise have been arbitrated shall be exclusively brought in the state courts located in Clark County, Nevada or federal courts located in the District of Nevada, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
The Terms remain in effect while you use the Service. Medtech[y] reserves the right to take any and all actions that we deem necessary and appropriate in conjunction with your use of the Service, without prior notice to you. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of the Service and/or that are, by their very nature, reasonably intended to survive termination.
10. Links to Third Party Websites.
The Website and Service may contain links to various third party websites. Your use of all such links to third party owned and controlled websites is at your own risk. Medtech[y] does not review, monitor or have control over third party websites. Medtech[y] makes no claim or representation regarding third party websites. Links to third party websites should not be construed as an endorsement of, or sponsorship or affiliation with, any third party product or service. When you leave the Website, you will no longer be governed by our terms and policy practices. Please be sure that you review the terms and privacy practices of third parties prior to using a third party website.
Except as otherwise stated in writing, the Terms constitute the entire agreement between you and Medtech[y] regarding use of the Service. The Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms, whether verbal, written or electronic. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect. The failure of either party to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. Except as stated otherwise in writing, your rights and obligations hereunder may not be assigned, transferred or sublicensed without Medtech[y]’s prior written consent. Any such attempted assignment by you shall be void.
Your privacy is important.
In compliance with the European Union legislation, we inform you that our website will store some information about your preferences on your own computer inside a tiny file called a ‘cookie’.
A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time.
You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.
Most browsers support cookies, but users can set their browsers to decline them and can delete them whenever they like. A third-party website called aboutcookies.org has been setup to help you with instructions how you can do that on various browsers.
1) Identify you as a returning user and to count your visits in our traffic statistics analysis;
2) remember your custom display preferences;
3) Suggest any recent searches you’ve made on our site
4) Other usability features including tracking whether you’ve already given your consent to cookies
Enabling cookies from our website is not strictly necessary for the website to work but it will provide you with a better browsing experience.
The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.
Third Party Advertising
We may have third-party advertising companies serving ads to you when you visit our website. These companies may store information about your visits to our website and to other websites in order to provide you with relevant advertisements about goods and services.
These companies may employ cookies and other identifiers to gather information which measures advertising effectiveness. The information is generally not personally identifiable unless, for example, you provide personally identifiable information to them through an ad or an e-mail message.
Information Gathered by Third Party Advertisers
Cookies enable advertisers to learn about what ads you see, what ads you click, and other actions you take on our site and other sites. This allows advertisers to provide you with more useful and relevant ads. For example, if they know what ads you are shown while visiting our site, they can be careful not to show you the same ones repeatedly. They do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.
We do not provide any personal information to advertisers or to third party sites. Advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards (for example, readers in the Pacific Northwest who read certain types of articles). Also, some third-party cookies may provide them with information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that they may use to provide you more relevant and useful advertising.
If you would like to learn more about what options you have about limiting the gathering of information by third-party ad networks, you can consult the website of the Network Advertising Initiative.
You can opt out of participating in interest-based advertising networks but opting out does not mean you will no longer receive online advertising. It does mean that the companies from which you opted out will no longer customize ads based on your interests and web usage patterns using cookie-based technology.
Type and Purpose of Collection
We collect information at various points in the Website to facilitate its use by our customers. Non-Personal Information: Upon accessing the Website, certain non-personal information will be automatically collected without your knowledge or consent, such as your IP address, location data (which is anonymous) and the referring website (”Non-Personal Information”). We use Non-Personal Information to examine our traffic and to view how our customers use the Website. This type of information will not allow you to be personally identified. For example, we use ”cookies”, which contains only certain statistical information. You can instruct your computer to inform you whenever a cookie is being sent, or you can disallow cookies through your web browser. If you do choose to disallow cookies, your experience on the Website may be diminished, or your ability to choose some of the options on the Website may be limited.
We will not sell, rent or disclose to outside parties the information we collect, save and except that we may share the collected information with other parties as follows:
(a) Affiliated Service Providers: We have agreements with various affiliated service providers to facilitate the functioning of the Website, with whom we may share the information we have collected. For example, we may share your credit card information with the credit card service provider to process your purchase. All administrative service providers that we use are required to have the same level of privacy protection as we have, and therefore we expect that your information will be handled with the same level of care that we employ. Additionally, for example, we may use analytic or marketing services such as Google Analytics, Google Adsense, Taboola, or RevContent, to which collection you hereby unconditionally consent.
(b) Where required by law: We may share the collected information where required by law, specifically in response to a demand from government authorities where such demand meets the legal requirements.
(c) Statistical Analysis: We may share Non-Personal Information and aggregated information with third parties, including but not limited to for advertising or marketing purposes. No Personal Information will be shared in this manner.
(d) Transactions: In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Personal Information may be disclosed or transferred as one of our business assets.
Choices and How To Opt Out Of Interest-Based Advertising
(b) Opting Out of Interest-Based Advertising by Third Parties This website may permit third parties to collect information on its Site and combine that information with other information collected on non-affiliated websites or applications over time. These third parties may use technologies, including cookies and web beacons, to collect information about Consumers’ or Customers’ use of the Site in order to analyze, report on, or customize content or advertising on the this website or on other sites, or to help us operate and improve the Site. To find out more about interest-based advertising in the web environment, and how to opt-out of information collection for this purpose by companies that participate in the Network Advertising Initiative or the Digital Advertising Alliance, visit NAIís opt-out page or DAAís Consumer Choice Page.
13. Customer Support.
For questions or concerns, please contact us via electronic mail at [email protected] or via U.S. Postal Service at Medtechy LLC, 400 S. 4th Street, Suite 500, Las Vegas, Nevada 89101.