TERMS OF USE
Welcome to the Western Medical Marketing LLC website. Please read these terms and conditions (“Terms of Use”) carefully as they set forth the important terms you will need to know about this Website.
Use of this Website is governed by the Terms of Use. By using this Website you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Website.
The servers that host this Website are located in the United States, and any personal details you provide us will be processed by Western Medical Marketing LLC in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy, available here (the “Privacy Policy”). Western Medical marketing LLC expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. Western Medical Marketing LLC makes no representation about any third-party websites that may be accessed via links from this Website. By using this Website, you agree that the law of the State of Oregon, without regard to its conflict of laws principles, will govern all matters between you and Western Medical Marketing LLC with respect to your use of this Website.
Intellectual Property Rights
Ownership
All content, text, images, data, information and other material displayed, available or present on this Website (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of Western Medical Marketing LLC, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms of Use.
Authorized and Prohibited Uses
You may download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission. If this Website permits the emailing of certain Content or a link through the use of an “email to a friend” (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
Linking
In the event Western Medical Marketing LLC deems your linking practices in relation to this Website to be inappropriate, Western Medical Marketing LLC may choose to delete the link or to provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Western Medical Marketing LLC relating thereto.
Access to Website
While it is Western Medical Marketing LLC’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Western Medical Marketing LLC, access to the Website may be interrupted, suspended or terminated from time to time. Western Medical Marketing LLC shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.
Import/Export Control
You agree not to submit any User Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
Warranty Disclaimers
THIS WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WESTERN MEDICAL MARKETING LLC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies
WESTERN MEDICAL MARKETING LLC ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH Western Medical Marketing LLC (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. Western Medical Marketing LLC AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH WESTERN MEDICAL MARKETING LLC. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WESTERN MEDICAL MARKETING LLC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WESTERN MEDICAL MARKETING LLC AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WESTERN MEDICAL MARKETING LLC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF WESTERN MEDICAL MAARKETING LLC WILL BE LIMITED TO, IN THE SOLE DISCRETION OF WESTERN MEDICAL MARKETING LLC, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY WESTERN MEDICAL MARKETING LLC FROM YOU.
Indemnification
You agree to defend, indemnify and hold harmless Western Medical Marketing LLC and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.
Miscellaneous
Third-Party Sites and Other Information
This Website may contain as a convenience to you, content, links and other information submitted by third parties over whom Western Medical Marketing LLC has no control or responsibility, as well as translations there of which Western Medical Marketing LLC may arrange. Western Medical Marketing LLC has no obligation to monitor, control or restrict the use of this Website, or third-party websites accessible via links on this Website. These other sites are not under Western Medical Marketing’s control, and you acknowledge that (whether or not such sites are affiliated in any way with Western Medical Marketing LLC) Western Medical Marketing LLC is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Western Medical Marketing LLC or any association with its operators.
Separate Terms and Conditions
From time to time in connection with your use of and/or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.
Privacy Policy
Western Medical Marketing LLC is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy policy here. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.
Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Website or these Terms of Use (including without limitation the Privacy Policy), Western Medical Marketing LLC and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.
Western Medical Marketing LLC has no obligation to become involved in any dispute between a user and any other person. This Website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of law principles. Western Medical Marketing LLC and you agree that all disputes arising under these Terms of Use shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, at a forum mutually agreed upon by you and Western Medical Marketing LLC. Western Medical Marketing LLC may select a arbitral body in its sole discretion. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Western Medical marketing LLC is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use pending a final arbitral decision.
Modification of Terms of Use Etc
These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and Western Medical Marketing LLC with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. Western Medical Marketing LLC will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days. Your continued use of this Website subsequent to Western Medical Marketing LLC’s notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Western Medical Marketing LLC shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of any use by you of this Website, any Content on this Website, or these Terms of Use.