TERMS AND CONDITIONS OF USE
Medtech LLC owns and operates the web site located at www.Medtech.edu ("Website"). As used herein, the terms “you”, “your” and “yours” refer to the user or registered user using this Website. The terms ”Medtech”, “we”, “us” and “our” refer to Medtech LLC and its related or affiliated companies.
By accessing, browsing, using and/or downloading the pages in this Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse or otherwise use this Website.
Medtech reserves the right, at any time, to modify, alter, or update these Terms and Conditions, and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. You agree to regularly review these Terms and Conditions and to be aware of such revisions. Your use of this Website following any such change constitutes your agreement to follow and be bound by this Agreement as changed.
This Agreement applies to all users of the Website. As a user, you represent and warrant that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
1. GRANT AND RESTRICTIONS ON USE
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively the “Content”) comprised in the Website, excluding any User Submissions as defined below (“Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trade-marks held by or licensed by Medtech. Except as expressly provided in this Agreement, no licence to use, copy, distribute, republish, transmit or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to Medtech.
2. ACCESS TO SITE
While Medtech endeavors to ensure that this Website is available at all times, Medtech will not be liable if, for any reason, this Website is unavailable at any time or for any period.
THE MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDTECH DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. MEDTECH DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDTECH , ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF MEDTECH EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE WEBSITE, ANY OTHER MATTER RELATED TO THIS WEBSITE AND ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE.
5. GOVERNING LAW
This Agreement is governed by and will be construed in accordance with the laws of the state of Delaware and the laws of the United States as applicable therein. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THIS AGREEMENT WILL BE INSTITUTED ONLY IN A COURT LOCATED IN, DELAWARE. YOU AND MEDTECH AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
7. THIRD PARTY AND OTHER LINKS
The Website may contain links to third party websites that are not owned or controlled by Medtech. Medtech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Medtech will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Medtech from any and all liability arising from your use of any third-party website.
The Website also may contain links to websites or applications operated by Medtech for use by Medtech students, faculty, and employees (“Campus Portals”). Campus Portals may be subject to different terms and conditions if stated so therein.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.
As of January 17, 2011