EFFECTIVE DATE: July 20, 2021
REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS WEBSITE.
1 ACCEPTANCE AND APPLICABILITY OF TERMS
1.1 Acceptance of Terms. By accessing or using this Website you agree to be bound by these Terms. Without limiting the foregoing, this Website is intended for individuals located in the United States 18 years of age (or age of majority if higher in your place of residence) or older. By accessing or using this Website, you represent to us that: (1) you are located in the United States; (2) you are 18 years of age (or age of majority if higher in your place of residence) or older; (3) you are legally able to enter into contracts; (4) that you are not a person barred from accessing or using this Website under federal, state, local or other laws; and (5) you have not previously been prohibited from accessing or using this Website.
1.3 Our Rights. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing any prior notice to you and without any liability to you or any third party:
2 USE OF THIS WEBSITE
2.1 Acceptable Use. Your access to and use of this Website must comply with the following (“Acceptable Use Restrictions”):
You are also prohibited from:
2.2 Access to this Website. Access to this Website requires access to the Internet. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet and any telephone, wireless or other connection and service fees associated with such access. Accessing and using this Website may allow you to receive Content on your mobile phone or wireless device. The manner in which that Content is delivered to your mobile phone or wireless device may cause you to incur extra data, text messaging or other charges from your wireless carrier, which are your sole responsibility.
3 OWNERSHIP OF THIS WEBSITE AND CONTENT
3.1 Ownership. All right, title and interest in and to this Website, including, but not limited to, all of the software and code that comprise and operate this Website (collectively, the “Software”), and all of the text, photographs, illustrations, images, graphics, audio, video, URLs, advertising copy and other materials provided through this Website (collectively, the “Content”) are owned by us or by third parties who have licensed their Content to us. This Website is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Website is a collective work under U.S. and international copyright laws and treaties, and, as between you and us, we own the copyright in the selection, coordination, arrangement and enhancement of the Content.
3.2 Limited License. Subject to your acceptance of, and compliance with, these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use this Website in a manner that is consistent with these Terms and this Website’s intended purpose(s). You obtain no rights to this Website except to use it in accordance with these Terms. Without limiting the generality of the foregoing, you shall not: (1) use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology to access, copy or monitor any portion of this Website or in any way reproduce or circumvent the navigational structure or presentation of this Website, or obtain, or attempt to obtain, any materials or information through any means not purposely made available by us through this Website and we reserve the right to take measures to prevent any such activity; (2) reproduce, copy, duplicate, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to create derivative works of this Website (in whole or in part); (3) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in this Website (in whole or in part); (4) make this Website (in whole or in part) available to any third party through a computer network or otherwise, including, but not limited to, distributing or making use of this Website (in whole or in part) over a network where it could be used by multiple devices at the same time; (5) export this Website (in whole or in part) to any country outside the United States (whether by physical or electronic means); (6) use this Website (in whole or in part) in a manner prohibited by applicable laws, regulations and/or these Terms; or (7) use this Website in violation of the Acceptable Use Restrictions (collectively, the “Prohibited Activities”). You will be solely liable for any damages, costs or expenses arising out of or in connection with your commission of any Prohibited Activity. You shall notify us immediately upon becoming aware of the commission by any person of any Prohibited Activity and shall provide us with reasonable assistance with any investigations we may conduct in light of the information provided by you in this respect.
3.3 Marks. The Eva Medtec names and logos (including, but not limited to, those of our affiliates), all graphics, all button icons and all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are trademarks, service marks and/or trade dress of Eva Medtec (collectively, “Our Marks”). All other trademarks, company names, logos, service marks and/or trade dress (collectively, “Other Marks”) mentioned, displayed, cited or otherwise indicated on this Website are the property of their respective owners. You are not authorized to display or use Our Marks in any manner without our prior written permission. You are not authorized to display or use any Other Marks that appear on this Website without the prior written permission of the applicable owner.
4 YOUR INFORMATION
4.2 User Content. This Website may provide users with the ability to add, create, upload, submit, distribute, post, or share content on or through this Website, including, but not limited to, website links, opinions, information, photos, profiles, videos, and audio clips (collectively, “User Content”). If you provide any User Content (“Your Content”), you expressly grant, and represent and warrant that you have the right to grant, us a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works of and sublicense Your Content in any manner or through any media now known or later developed without any payment obligation to you. Without limiting the foregoing, you acknowledge and agree that Your Content may be viewable by any other users of this Website. Further, you understand and agree that we have the right, but not the duty, to pre-screen, edit, refuse, move or remove any of Your Content posted to this Website.
4.3 Abusive and Offensive Language. Abusive or offensive language will not be tolerated on this Website, social media sites or with our personnel. You are not entitled to make untrue, malicious and/or damaging comments with regard to our operations in any media or forum.
4.4 Feedback. By submitting any ideas, suggestions, advice, recommendations, proposals, comments and other feedback (collectively, “Feedback”) to us in any way, you acknowledge and agree that: (1) your Feedback does not contain confidential or proprietary information; (2) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (3) we shall be entitled to disclose (or choose not to disclose) such Feedback for any purpose or in any way; (4) we may have something similar to the Feedback already under consideration or in development; (5) you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose; and (6) you are not entitled to any compensation or reimbursement of any kind from us relating to our use of any Feedback under any circumstances.
5.1 Our Right to Terminate. In addition to, and not in lieu of, any of our other rights set forth in these Terms, we reserve the right, with or without notice and in our sole discretion, to terminate these Terms and/or your ability to access and use this Website for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or in the case of any activity by you that may harm Eva Medtec or third parties. You agree that we will not be liable to you or any third party for any such termination.
5.2 Effects of Termination. If we exercise our termination rights under these Terms, your license to access and use this Website shall immediately terminate and you must discontinue all attempts to access and use this Website.
5.3 Fraudulent Activity. If we suspect that you are engaging in any fraudulent, abusive or illegal activity, we may refer such matter to appropriate law enforcement authorities.
5.4 Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of these Terms regarding indemnity and limitations of liability shall survive the termination or cancellation of these Terms.
6 THIRD PARTY CONTENT
This Website may include links to other websites or services solely as a convenience to you. You acknowledge and agree that we are not responsible for the availability of such external sites or services and that we do not endorse and are not responsible or liable for any such linked websites or services, or any other information, material, products or services contained on or accessible from any external websites or available through any external services. Furthermore, we make no warranties, express or implied, with regard to the information, material, products or services that are contained on or accessible from any external websites or available through any external services. Your access to and use of any external websites and services is solely at your own risk.
7 YOUR LIABILITY
7.1 Agreement to Indemnify. YOU AGREE THAT YOU WILL ONLY USE THIS WEBSITE IN ACCORDANCE WITH THESE TERMS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) WHICH WE (OR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, CUSTOMERS, OR USERS) INCUR ARISING FROM ANY BREACH BY YOU OF THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR SUBSIDIARIES AND AFFILIATES AND OUR CUSTOMERS AND USERS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR CONNECTION TO THIS WEBSITE, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.
7.2 Additional Remedies. The Released Parties reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to this Website and/or report misuses to law enforcement.
8.1 Disclaimer of all Warranties
8.2 Use of this Website at Your Sole Risk. YOUR ACCESS TO AND USE OF THIS WEBSITE, DOWNLOAD OF ANY SOFTWARE RELATING TO THIS WEBSITE AND USE OF ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THIS WEBSITE IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE RELATING TO THIS WEBSITE, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THIS WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
8.3 No Creation of Warranty. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM ANY OF THE RELEASED PARTIES THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
8.4 Third Party Statements. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED EVA MEDTEC SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS PROVIDED BY ANY THIRD PARTIES, AND SUCH STATEMENT, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE OR OPINIONS OF EVA MEDTEC.
8.5 No Medical Advice. THIS WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THIS WEBSITE AND THE INFORMATION PROVIDED THROUGH THIS WEBSITE IS PROVIDED SOLELY FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES. ACCORDINGLY, THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR IN ANY MATERIALS DOWNLOADED OR PURCHASED THROUGH THIS WEBSITE) IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU ARE IN NEED OF MEDICAL ASSISTANCE, NOW OR IN THE FUTURE, CONTACT A MEDICAL PROVIDER. IF YOU HARE HAVING A MEDICAL EMERGENCY, CALL 911. THIS WEBSITE IS NOT ACTIVELY MONITORED. PLEASE DO NOT RELY ON ANY PORTION OF THIS WEBSITE TO MAKE MEDICAL DECISIONS. THESE DECISIONS SHOULD BE MADE IN CONJUNCTION WITH INDIVIDUAL MEDICAL PROVIDERS. BEFORE TAKING ANY ACTION BASED ON ANY INFORMATION ON THIS WEBSITE, PLEASE CONSULT YOUR MEDICAL PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING TREATMENT BECAUSE OF SOMETHING YOU HAVE SEEN ON THIS WEBSITE.
9 LIMITATION OF LIABILITY
9.1 Maximum Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR USE OF THIS WEBSITE SHALL BE THE AMOUNT OF $10.
9.2 No Liability for Incidental Damages. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO AND/OR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO AND/OR USE OF THIS WEBSITE.
9.3 Applicability of Limitations. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9.4 Notice to California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10 DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
10.1 Waiver of Rights. YOU AGREE THAT BY ACCESSING AND/OR USING THIS WEBSITE YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS-MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING.
10.2 Venue for Litigation. ANY CAUSE OF ACTION OR CLAIM UNDER THESE TERMS MUST BE BROUGHT EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES ENCOMPASSING BLOOMINGTON, MINNESOTA OR THE APPLICABLE STATE COURTS OF THE STATE OF MINNESOTA ENCOMPASSING BLOOMINGTON, MINNESOTA, AS APPROPRIATE, AND YOU AGREE TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES.
10.3 Time to Bring a Claim. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST THE RELEASED PARTIES ARISING OUT OF OR ARISING IN ANY WAY TO THESE TERMS, YOU ACCESS TO AND/OR USE OF THIS WEBSITE OR YOUR DEALINGS WITH THE RELEASED PARTIES IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THIS WEBSITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
10.4 Prevailing Party. IN ANY LITIGATION BETWEEN YOU AND THE RELEASED PARTIES IN CONNECTION WITH THESE TERMS, YOUR ACCESS TO AND/OR USE OF THIS WEBSITE OR YOUR DEALINGS WITH THE RELEASED PARTIES IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF THIS WEBSITE, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS’ FEES AND COSTS IN SUCH LITIGATION FROM THE OTHER PARTY.
11 COPYRIGHT INFRINGEMENT CLAIMS
11.1 Eva Medtec Policy. Eva Medtec respects the intellectual property rights of others. You must ensure that Your Content does not infringe any third party’s copyright. We will remove Your Content and other materials on this Website in accordance with the Digital Millennium Copyright Act (“DMCA”) upon receipt of proper notices that any User Content or other materials on this Website infringe a third party’s copyright. Additionally, subject to Section 11.4 below, Eva Medtec will terminate your account if you are a repeat infringer.
11.2 Notice of Infringement. If you are a copyright owner or an agent thereof and believe that any user submission or other content on this Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA to the address provided below. Such notification must contain the following:
Eva Medtec may disclose DMCA notices to affected users and third party databases that collect information about copyright takedown notices.
11.3 Counter Notifications. If Your Content is removed pursuant to a notice of copyright infringement and you want to challenge the removal, you must provide us a counter-notification to the address provided below. Such counter-notification must contain the following:
11.4 Eva Medtec will forward any complete counter notification to the person who provided the initial DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter notification, we may restore the removed materials. Until that time, your materials will remain removed.
11.5 Repeat Infringers. We will terminate your account if you receive three (3) DMCA takedown actions. A “DMCA takedown action” occurs each time Your Content or other materials are removed due to a DMCA notice. We may group multiple DMCA notices received in a short period of time as a single DMCA takedown action. We may remove a DMCA takedown action in appropriate circumstances, such as where: (1) the material is restored due to a DMCA counter notification; or (2) the party who provided the DMCA notice withdraws their complaint. The foregoing shall not limit our other termination rights provided in these Terms, including, but not limited to, terminating any rights to access or use this Website due to your repeated violation of these Terms.
11.6 Address for Notices. DMCA notices and counter notifications may be sent to our designated agent, Eva Medtec, Copyright Manager at the following addresses:
By email to: Service@evamedtec.com
By mail to: Eva Medtec, Inc
Attn: Copyright Manager
6300 W. Old Shakopee Rd., Ste 140
Bloomington, MN 55438
12 ADDITIONAL TERMS
12.1 Governing Law. These Terms will be governed by the laws of Minnesota, without giving effect to any principles of conflicts of laws.
12.2 Severability. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the applicable Terms shall continue in effect.
12.3 Waivers. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
12.4 Admissibility of Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12.5 Assignment. We reserve the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms.
12.6 Headings. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.
12.7 Support. If you have any questions or concerns about this Website or these Terms, please email us at Service@Evamedtec.com.