PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATED TO YOUR USE OF THIS WEBSITE CAREFULLY. BY CONTINUING TO ACCESS OR USE OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND YOU SHOULD NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THEM.
THIS WEBSITE IS INTENDED FOR USE ONLY BY ADULTS. TO ACCESS THE SITE, YOU MUST BE AT LEAST 18 YEARS OF AGE AND POSSESS THE LEGAL AUTHORITY TO FORM LEGALLY BINDING CONTRACTS. IF YOU ARE UNDER THE AGE OF 13 THEN PLEASE DO NOT CONTINUE TO USE THIS WEBSITE.
MEDATA'S WEBSITE AND SERVICES ARE OFFERED TO USERS LOCATED IN THE UNITED STATES OF AMERICA AND ITS TERRITORIES AND IS NOT INTENDED FOR USE IN OTHER JURISDICTIONS.
SCOPE OF TERMS
THIS WEBSITE IS PUBLISHED BY MEDATA, INC. ("MEDATA", also "We", "Our", Us") FOR INFORMATIONAL PURPOSES ONLY. The terms "You", "User" and "End-User" means you as a user of this Website. Users who register for an account with us must also agree to our Terms of Service. The terms "content provider" and "content providers" and "third party supplier" means any entity that supplies data or content that is utilized within this Website.
Medata reserves the sole right to modify or amend these Terms at any time for any reason. Any modification or amendment of these Terms will be effective immediately upon posting on this Website or as otherwise stated by Medata when revised. Your continued use of this Website after any changes in Terms have been posted will be deemed your acceptance of the revised Terms. Medata may limit, alter, terminate, suspend any feature or portion of the Website to any or all users at any time.
DISCLAIMERS
THIS WEBSITE AND THE CONTENT ARE INTENDED AS REFERENCE MATERIAL FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE OF ANY KIND. NO INFORMATION ON THIS WEBSITE SHOULD BE RELIED UPON AS PROFESSIONAL OR HEALTH RELATED ADVICE IN ANY CIRCUMSTANCE.
YOUR USE OF THIS WEBSITE IS ENTIRELY YOUR OWN RISK. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
MEDATA, ITS OWNERS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, INABILITY TO USE THIS WEBSITE, ANY UNAUTHORIZED USE, TRANSMISSION OR CONDUCT, USE OF ANY CONTENT OR MATERIAL OR DATA WHATSOEVER DERIVED FROM THIS WEBSITE, OR SIMILAR DAMAGES, EVEN IF MEDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MEDATA AND ITS OWNERS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO MEDATA FOR THE APPLICABLE CONTENT OUT OF WHICH LIABILITY AROSE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE AND ITS SERVICES WITHOUT REFUND OF ANY KIND AS PER THE TERMS OF MEDATA'S REFUND POLICY. THIS LIMITATION OF LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR IN VIOLATION OF ANY PUBLIC LAW OR POLICY.
LIMITED LICENSE
You are granted a limited, personal, non-exclusive, non-commercial license to view, print or download content, graphics, forms or documents from this Website for use solely by You for Your own use. The Website may not be used for any non-permitted commercial purpose, commercial advantage or reselling of information contained herein.
You may download one copy of the viewed materials on any single computer or computing device (i.e. tablet, smartphone) for your personal use only but may not resell or distribute any of the information you obtain, and in doing so you must retain any and all copyright and other proprietary notices on the information obtained from this Website. You do not own any content you download from this Website and any use or modification of the materials excepts as expressly permitted is a violation of the owner's proprietary rights. You may not reproduce, publish, copy, post on any website or forum, transmit, or distribute, electronically incorporate into any other medium or website any of the materials on this Website. You must be a Registered User to engage in any operative, interactive use or Look-Up functionality. Please see the Registration Terms of Service and information to register for this access.
INTELLECTUAL PROPERTY RIGHTS.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights.
All content however associated into or from this Website, including without limitation is the proprietary information of Medata, and Medata retains all right, title, and interest in the Content. Any third party data, information and intellectual property supplied through this Website is the sole property of the Third Party Supplier or other third party.
"Content" shall be defined as any data, information, schematic, derivative, image, brand logo, trademark incorporated into the Website and any of Medata's proprietary technology and products any those of its Third Party Suppliers and third party information on or in the Website, including without limitation, technical data, trade secrets, know-how, research, product plans, ideas or concepts, products, services, software, inventions, patent applications, techniques, processes, developments, algorithms, formulas, technology, designs, schematics, drawings, engineering, and hardware configuration information (collectively, "Technical information"), and (ii) proprietary information relating to Medata's operations and business or financial plans or strategies, including but not limited to customer lists, and customer information, markets, financial statements and projections, product pricing and marketing, financial or other strategic business plans or information, online customers and Users, Enterprise Users and drawings or inspection of samples, equipment or facilities in any way related to Medata's operations and the Medata billing review software and all documentation and all of its related material.
Medata™ is a registered trademark of Medata, Inc. and Medata retains all rights to its trademarks, service marks and logos displayed on this Website. All other trademarks that may appear on this Website are the sole property of their respective owners. Any third party whose logo, brand, trademark or service mark is displayed on this Website retains all rights regarding their respective image or brand or other proprietary information that may appear on this Website. You are not granted any right to use any trademark, service mark or logo displayed on this Website, and you may not utilize them in any manner. You may not alter, copy, distribute, publish, upload, post via social media or any on-line forum, or transmit in any way, electronically or in print, in whole or in part, without the prior written consent of Medata, except that you may print out limited portions of the information per the terms of the License Agreement for your own internal or archival purposes, provided that you do not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content. The copying, redistribution, use or publication by you of any information on this Website, is strictly prohibited unless otherwise agreed in your License Agreement. No ownership rights to any content, document or other materials viewed through this Website are granted to you.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any materials accessible on or from this Website infringe your copyright, you may request removal of them from the Website by submitting written notification to our copyright agent. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Copyright Manager
Medata, Inc.
5 Peters Canyon Rd, Suite 250
800-570-6392
dmca@medata.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
PRIVACY
Medata's Privacy Policy is incorporated into these Terms of Use by reference. Please review our PRIVACY POLICY for information on how we protect your privacy.
REGISTRATION
INDIVIDUAL REGISTERED USERS
INDIVIDUALS MAY REGISTER ONLINE TO USE THIS WEBSITE SOLELY FOR YOUR INDIVIDUAL PERSONAL PURPOSES AND SUBJECT TO THE TERMS OF SERVICE. You may not use this website for any other purpose. Medata reserves the right to refuse you access or registration to this Website or any of its contents and to terminate or suspend your access at any time and for any reason without liability, refund or compensation.
MULTI-USER COMMERCIAL ACCOUNTS
IF YOU ARE A MULTI-USER COMMERCIAL ENTERPRISE, PLEASE CONTACT OUR SALES DEPARTMENT REGARDING OUR ENTERPRISE ACCOUNT REGISTRATION AT sales@medata.com OR 800-570-6392
HYPERLINKS.
These Terms of Use apply only to this Website and do apply to any other websites owned by any third party which may be linked to or through this Website. Medata does not endorse, is not responsible for, and shall have no liability whatsoever for the content, advertising, products, or other materials or information on or available from any other websites or resources linked through or to this Website. You acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage or claim of any loss or damage caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website directly or indirectly linked to or through any other website. Any problems, complaints, questions or concerns should be directed to the webmaster of the third party website.
SUBMISSIONS
With respect to any information or data you transmit to us in any fashion, via mail send, email, post or otherwise transmit to us (collectively, "Submissions"), you hereby grant Medata and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without attribution to you) throughout the world. We may incorporate these Submissions in any other works in any form currently used or developed by us in the future. Medata and our successors and assigns shall have unrestricted use of your Submissions for any commercial purpose whatsoever without compensation to you or to any third party owner of the Submissions, which you hereby represent to us has authorized you to act on their behalf.
These rights shall remain for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You represent, assure and warrant that your Submissions do not violate the rights of any third party or rightful owner of the submitted material or Submission. If you are not the exclusive and rightful owner or moral rights owner of the intellectual property rights in any Submission, your represent that the rightful owner has granted to you the right to grant us the rights described in this paragraph and has irrevocably waived all such rights to the property reflected in your Submission. No Submissions subject us to any obligation of confidentiality, and we shall not be liable for any use or disclosure of any Submissions, except as expressly stated in our Privacy Policy.PASSWORDS AND SECURITY
Registered Users of this Website are solely responsible for all activities occurring under their account and for protecting and preserving the privacy and confidentiality of their account settings, information and password(s). You must notify us immediately if you know or suspect any security breach, disclosure, theft or unauthorized use of your user account or related information or unauthorized disclosure of your password or anyone else's password that you believe may be compromised in any way.
ANY ATTEMPT TO ACCESS OR EXCEED ACCESS TO ANY RESTRICTED AREAS OF THE MEDATA WEBSITE OR PLATFORM OR THOSE OF ITS LICENSORS OR THIRD PARTY SUPPLIERS OR INFORMATION OF OTHER REGISTERED USERS WITHOUT THE EXPRESS WRITTEN AUTHORIZATION OF MEDATA IS STRICTLY PROHIBITED AND SHALL BE GROUNDS FOR IMMEDIATE TERMINATION OF THE USER'S ACCESS AND ANY ACCOUNT(S) THE USER MAY HAVE ESTABLISHED WITH MEDATA.
Any tampering or other activity by you that compromises or could compromise the security or system integrity or accounts related to this Website, including but not limited to use or dissemination of programs to circumvent or derive passwords, or network security is strictly prohibited. In order to assist and prevent security breach or fraudulent incidents, Medata reserves the right to disclose your identity and system details to any other system or website administrator on other websites and platforms if we believe or suspect that you are engaged in these prohibited activities. Medata will investigate and report all suspected violations of these Terms of Use by all lawful means we deem necessary and we reserve the right to cooperate with any court order or any other law enforcement entity that may request us to disclose the identity of anyone believed to be engaged in any unlawful activity, infringement, obscene act or publication, harassment, hate speech, domestic terrorism, terrorism, discrimination, or other improper or illegal act and Medata shall have no liability to you or any other person for any harm or consequences that may arise from these investigative and security actions.
INDEMNITY
You will indemnify and hold Medata, its owners, subsidiaries, affiliates, third party content providers, Third Party Suppliers, other service providers, employees, agents, officers, directors, and independent contractors (the "Indemnified Parties") harmless from any breach of the Terms by you, including any of your use of this Website or any of its data, contents or derivatives not specifically permitted by the Terms. None of the Indemnified Parties will have any liability whatsoever for any unauthorized use or breach of this Agreement and you will indemnify and hold harmless and defend at our option all the Indemnified Parties for any loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties incurred as a result of your misuse, breach or any claim brought by any third parties arising out of your use of this Website, misuse of the information accessed from this site, or improper use or infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
OTHER TERMS.
If any part of the Terms is unlawful, void or unenforceable, that part will not affect the validity and enforceability of any remaining provisions. The Terms of Use, Privacy Policy, and, if applicable, the Terms of Service, constitute the entire agreement among the parties relating to this subject matter. Certain provisions of the Terms may be superseded by legal notices or terms located on expressly and conspicuously stated pages on this Website.
Medata may assign our rights and responsibilities under these Terms to any of our successors, assigns and licensees at any time for any reason without notice to you. You may not assign your rights under this Agreement without Medata's express written consent.
Medata's failure to exercise its rights or to enforce the strict performance of you or any other party with respect to any provision of these Terms shall not be considered as a waiver of its right to assert or rely upon any such provision or right and the same will be and remain in full force and effect.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Unless you agree subsequently to arbitration provision in the Terms of Service (and in the event that such provision is found unenforceable), any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.