MEDVA Terms of Use
Modules
1. Agreement. These Term of Use specifies the terms and conditions for access to and use of www.medva.com and is a legal agreement between you and MEDVA. By accessing or using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must cease using the Site.
2. Privacy. Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at https://www.medva.com/privacy-policy.
3. Ownership. All content included on the Site is and shall continue to be the property of MEDVA or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This Site is intended for adults only. This Site is not intended for any children under the age of 13.
5. Site Use. MEDVA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and is subject at all times to compliance with these Terms of Use.
To access some or all of the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete. You agree that all information you provide in connection with the Site is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, account credentials, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are responsible for any activities that take place under your username and password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions thereof using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name, password, or account, or any other breach of security.
We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You certify that you have the legal capacity and authority to accept these Terms of Use on your own behalf or on behalf of any party you represent. You further certify that you are legally permitted to use the Site, and you agree to take full responsibility for your activities and interactions with the Site. These Terms of Use are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
We reserve the right to amend, modify, change, or update the Site at any time in our sole discretion. We will not be liable if for any reason (including but not limited to malfunction, maintenance, repair, or causes beyond our control) all or any portion of the Site are or become unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who may access the Site through your internet connection are aware of these Terms of Use and comply with them.
6. Prohibited Uses; Compliance with Laws. You may use the Site only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- In any manner that materially interferes with our activities or overall business or harms any of MEDVA’s customers, employees, affiliates, agents, contractors, licensors, suppliers, officers or directors;
- To threaten, bypass, or destroy any security mechanism used with or incorporated in the Site;
- To disparage, denigrate, insult, or otherwise make pejorative statements about MEDVA and/or any of its affiliates, directors, officers, employees, partners, brand, products, or service;
- To send, knowingly receive, upload, download, use, or reuse any material which contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- To impersonate or attempt to impersonate MEDVA, a MEDVA employee, another user, or any other person or entity;
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- To transmit any content, data, or material that contains viruses, spyware, spiders, robots, works, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
- To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties); or
- In any many manner that can reasonably be considered contrary to MEDVA’s goodwill, public image and overall reputation.
7. Monitoring and Enforcement. We may monitor use of the Site to confirm compliance with these Terms of Use and any other applicable MEDVA policy. We maintain the right to monitor all such usage by any means we deem appropriate at any time in our sole discretion and delete any material we deem illegal, inappropriate, or violative of any MEDVA or applicable third-party policy. If we discover a violation, we will take whatever action we deem reasonably necessary or appropriate to address such behavior. This may include disclosing the user’s personal information to a third party claiming that such user violated rights (such as intellectual property or privacy rights). It may also include taking legal action (including making a referral to law enforcement). It will most definitely include immediately suspending or terminating your access to the Site. YOU HEREBY WAIVE AND HOLD HARMLESS MEDVA, ALONG WITH ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS RESULTING FROM, OR ARISING DIRECTLY OR INDIRECTLY OUT OF, ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS BY EITHER MEDVA OR LAW ENFORCEMENT AUTHORITIES.
8. Indemnification. You agree to defend, indemnify, and hold harmless MEDVA, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any action, claim, liability, damage, demand, judgment, award, loss, cost, expense, or fee (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Site or any information obtained therefrom.
9. Disclaimer. YOUR USE OF OUR SITE IS AT YOUR OWN RISK. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MEDVA NOR ANY PERSON ASSOCIATED WITH MEDVA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT ON OUR SITE. WITHOUT LIMITING THE FOREGOING, NEITHER MEDVA NOR ANYONE ASSOCIATED WITH MEDVA REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS. MEDVA 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MEDVA, ALONG WITH ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY THIRD-PARTY SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND/OR LOSS OF DATA.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL MEDVA OR ANY PERSON ASSOCIATED WITH MEDVA BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF ONE HUNDRED DOLLARS ($100).
11. Use of Information. MEDVA reserves the right, and you authorize us, to use all information regarding the Site used by you and all information provided by you in connection with such use in any manner consistent with our Privacy Policy.
12. Reliance on Information. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Site.
13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Our Copyright Agent for Notice of claims of copyright infringement on the Site is Casey Bull, CMO, who can be reached as follows:
By Mail:1887 Whitney Mesa Dr. #5473 Henderson, NV 8901
By Phone: 310-882-0491
By E-mail: cbull@medva.com
14. Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
15. Waiver. The failure of MEDVA to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by MEDVA must be in writing and signed by an authorized representative of MEDVA.
16. Termination. MEDVA may terminate these Terms of Use at any time, with or without notice, for any or no reason, including without limitation, any violation of these Terms of Use.
17. Jurisdiction. These Terms of Use or any dispute arising from these Terms of Use are governed by the laws of Nevada, without regard to provisions of conflicts of law. Any lawsuit arising from or related to these Terms of Use shall be brought exclusively before the state and federal courts located in Los Angeles, California and you hereby consent to the jurisdiction of any such court.
18. Entire Agreement; Changes to Terms. These Terms of Use constitutes the entire agreement between you and MEDVA and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.medva.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. MEDVA may revise these Terms of Use at any time by updating these Terms of Use and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of our Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
19.Your Comments and Concerns.
All feedback, comments, requests for technical support, notices, and other communications relating to the Site should be directed to MEDVA 1887 Whitney Mesa Dr. #5473 Henderson, NV 89014 or via email at marketing@medva.com.