This Web site (www.med-metrix.com) and all other websites of Med-Metrix with authorized links to this policy, if any (the “Website”), is operated by Med-Metrix, LLC and its affiliates (collectively “Med-Metrix,” “we” or “us”) to provide you with information about us, our products, our company, and our history and future plans, as well as to provide you with certain services or capabilities. Your access to and use of the Website is governed by and subject to these terms and conditions of use (these “Terms”). When we refer to “you” or “your,” we mean the person accessing the Website (see also below under the heading “Access and Use”). Please read these Terms carefully and thoroughly. By accessing and using the Website, you agree that you have read and understand these Terms and that you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the Website.
Changes to Terms; Changes to Website
We may update these Terms from time to time and may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Website. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to be bound by these Terms, as so amended. We expressly reserve the right to make any changes to these Terms, or to the Website and its content, at any time without prior notice to you.
We may terminate, change, suspend, or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. We may terminate the authorization, rights, and license given in these Terms and, upon such termination, you will immediately destroy all materials that you obtained from or through the Website and that are in your possession or control.
Access and Use
In these Terms, “you” refers to an individual accessing the Website, regardless of the particular features, materials, opportunities or services made available on the Website that you choose to browse, use or take advantage of. To the extent applicable, “you” also includes the corporation or other legal entity (your “Company”), if any, on whose behalf you are accessing the Website. You represent and agree that all information that you provide to Med-Metrix in connection with your access to and use of the Website is, and shall be true, accurate, and complete to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue service or access to the Website (or any portions, components, or features of the Website) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Website.
Before continuing to access and use the Website, you must obtain all required consents and approvals from your Company and from any customers, clients and other third parties who may be affected by, or may need to consent to your access or use of the Website or any of the features, materials, opportunities, and services provided through the Website, whether such consents and approvals are required by law or otherwise. If you are under 18, you are not permitted to use the Website.
If you are a customer of Med-Metrix, nothing in these Terms will supersede any other agreement with respect to your relationship with Med-Metrix.
Med-Metrix takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Website. Nevertheless, we cannot and do not guarantee that any such transmissions, or that transactions conducted on or through the Website are or will be totally secure. You are responsible for maintaining the confidentiality of your account and account number and any other user identifier or other unique name or number identifying you (all of the foregoing, collectively, your “User ID”) and any password used in connection with your use of the Website, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify Med-Metrix of any unauthorized use of your User ID or password, or of any breach of Website security or of these Terms, of which you become aware. Med-Metrix cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
Med-Metrix respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the Website and to collect and provide the features, materials, opportunities, and services that are available on or through the Website. This Website is copyrighted by us and we reserve all rights. You understand and agree that Med-Metrix owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Website and the features, materials, opportunities, and services made available on or through the Website, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Website and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and registered service marks, trade dress protection, and trade secrets. All such rights are and shall remain the property of Med-Metrix or its licensors and content-providers. Without limiting the generality of the foregoing, the Med-Metrix name and all related names, logos, product and service names, designs, and slogans used within the Website are trademarks of Med-Metrix that you may not use without Med-Metrix’s prior written permission.
Use of Content
Med-Metrix grants you a limited license to access and make personal use of the Website and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Website and the Content. Any other access to or use of the Website or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that Med-Metrix is not thereby engaged in rendering professional advice or services to you. Nothing in the Content should be used in or construed as an offer to sell or solicitation of an offer to buy securities or other financial instruments or any advice or recommendation with respect to any securities or financial instruments. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any portion of the Website or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Website, you may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Website without the express, prior written permission of Med-Metrix. Use of the Content, or any portion thereof, on any other website or other networked computer environment is prohibited without the express, prior written permission of Med-Metrix. You agree not to remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within any of the Content. Except as expressly authorized by Med-Metrix in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell or exploit for any commercial purpose, all or any portion of the Website or the Content or access to or use of the Website or the Content. We reserve the right to revoke the licenses granted to you hereby or deny you future access to the Website, or impose conditions on your future access, including but not limited to requiring payment of subscription or license fees as a prerequisite for future access to certain areas of the Website.
Use of Submissions
CAN-SPAM and Similar Law
Your use of a site establishes a business or other applicable relationship with us for purposes of CAN-SPAM and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
In connection with your access to and use of the Website and that of any person authorized by you to use the Website, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Website you will not do any of the following while using or accessing the Website: (a) conduct or promote any illegal activities; (b) upload, download, distribute or print anything that violates these Terms or that may be harmful to minors; (c) attempt to reverse engineer or jeopardize the functioning of the Website; (d) attempt to gain access to secured portions of the Website to that you do not possess access rights; (e) upload, submit, or transmit any form of virus, worm, Trojan horse, or other malicious code; (f) use the Website to generate unsolicited email advertisements or spam; (g) use any automatic or manual process to harvest information from the Website; or (h) impersonate another user. Additionally, you agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (ii) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any device, software or routine that interferes with the proper working of the Website; or (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. The above assurances and commitments by you shall survive termination of these Terms.
For your convenience, certain hyperlinks may be provided on the Website which link to other Web sites that are not under the control of Med-Metrix. Med-Metrix does not endorse or sponsor such Web sites and is not responsible for the availability, accuracy, content, or any other aspect of such Web sites. Med-Metrix disclaims all liability for such Web sites, for all access to and use thereof, and for use of the links to such Web sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other Web sites, and the decision to provide services to a company or to contribute to, or purchase products or services on or through such other Web sites, is subject to the terms and conditions of such other Web sites. You agree that you will bring no suit or claim against Med-Metrix arising from or based upon any such use of other Web sites. Hyperlinks to other Web sites that are provided on the Website do not imply that: (a) Med-Metrix is affiliated or associated with any linked sites; (b) Med-Metrix is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Med-Metrix.
Although Med-Metrix strives to make the Website, the Content, and the features, materials, opportunities, and services provided through the Website reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Website, the Content, and all materials, products, and services available through the Website and Med-Metrix are at your own initiative and risk. Med-Metrix does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Website will obtain any particular or tangible result or goal through the use of the Website, or obtain any other product or service in connection with use of the Website. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Website and Med-Metrix are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose that you, or your Company, may desire to use them; and (b) free of viruses and other disabling devices and destructive routines. THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND MED-METRIX ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. MED-METRIX DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MED-METRIX DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH MED-METRIX ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH MED-METRIX ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
Limitation of Liability
You agree to indemnify, defend and hold Med-Metrix, and the officers, directors, employees and agents of Med-Metrix, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party due to or arising out of content, data, or information that you submit, post to, or transmit through the Website, your access to and use of the Content, the Website, and other materials, products, and services available on or through the Website and Med-Metrix, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
The Website is controlled, operated and administered by us or our agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials at this site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing the Website from any jurisdiction where such Website’s contents are illegal is prohibited. You may not use the Website or export the materials in violation of import or export laws and regulations. If you access the Website from a location outside of the United States, you are responsible for compliance with all local laws.
Limitation of Actions
Any legal action brought by you that arises out of or relates to these Terms and your access to and use of the Website or the Content must be commenced within one year after the cause of action arises.
Questions Regarding the Website or these Terms
If you have any questions or suggestions about the Website, Med-Metrix, or our products, services, terms or privacy practices, please contact us by e-mail or at the number or address given below:
Attn: Chief Information Security Officer
9 Entin Road, 3rd Floor
Parsippany, NJ 07054
Telephone: (201) 782-0200