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:
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 firstname.lastname@example.org), or as set forth herein. Medtech[y] endeavors to respond promptly to infringement concerns.
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@example.com.
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 firstname.lastname@example.org):
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.
12. Customer Support.
For questions or concerns, please contact us via electronic mail at email@example.com or via U.S. Postal Service at Medtechy LLC, 400 S. 4th Street, Suite 500, Las Vegas, Nevada 89101.