Implant Data Vault

Terms of Use for implantdatavault.com

Thank you for visiting implantdatavault.com, a data management website dedicated to providing secure patient implant information storage provided by Implant Data Vault LLC (“IDV”) and for reviewing our terms of use. These terms were last updated on January 25, 2012.

Acceptance of Terms

We make available for your use on this website (the “Site”) information, documents, solutions and services (collectively, the “Content”), subject to the terms and conditions set forth in this document (the “Terms of Use”). By accessing the Site, you agree to the Terms of Use. We reserve the right to change the Terms of Use from time to time at our sole discretion without notice. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use.  If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Content downloaded or printed from the Site.

Intellectual Property Rights

All copyrights, trademarks, service marks, logos and other intellectual property rights in the Site, and any Content, are owned by and shall at all times remain our property. WE DO NOT grant any express or implied right to you under any patent, copyright, trademark or other intellectual property right with respect to the Site, or the Content. You may only use such intellectual property as specifically authorized by these Terms of Use. You grant us permission to use on the Site or in connection therewith all comments, graphics, ideas, and other information you provide to us through the Site, email, or other means.

Copies

Except as specifically authorized by these Terms of Use, no portion of the Content may be reproduced, displayed, distributed, stored, or used in any form or by any means without our prior written consent. This does not include user generated material that you provide through your password protected account, and it does not include letters you generate by creating correspondence documents utilizing the services provided on the Site.
Notwithstanding, the foregoing elements of the Site (including without limitation its design and layout) are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Use and Protection of Account ID and Password

You are responsible for maintaining the confidentiality of your account ID and/or password, if applicable. You are responsible for all uses of your account, whether or not you actually or expressly authorize them.

WARRANTIES AND DISCLAIMERS

THE SITE, ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (i) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION THAT YOU PURCHASE OR OBTAIN FROM THE SITE WILL MEET YOUR EXPECTATIONS, (v) DEFECTS IN THE CONTENT OR THE SITE WILL BE CORRECTED OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. TO THE EXTENT PERMISSIBLE BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The downloading or other acquisition of any Content or services through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other damage or loss that results from any such downloading or acquisition. IDV is not responsible for any print content generated through your use of the print generation function offered on the Site. No advice or information, whether oral or written, that you obtain from us or through or from the Site will create any warranty not expressly stated in these Terms of Use.

The Site may contain links to third-party internet sites not under our control. We make no representations whatsoever about any other website to which you may have access through the Site. When you access a website other than the Site, you do so at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinion, software, advice, content, or statements contained on these internet sites or for the quality of any products or services available on these internet sites. We provide these links merely as a convenience and the inclusion of such links does not imply that we endorse, recommend, or accept any responsibility for the content or use of these internet sites.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES, OR ANY INTERNET SITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS), WHETHER OR NOT WE COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Your Information

Refer to our Privacy Policy posted on the Site to learn how we protect your personal information. To the extent you provide any information to us while using the Site, you represent and warranty that all such information is accurate and complete in all respects. You agree to provide updated information as needed in the event of a change of address, phone number, email address or payment account information.

Payment Policy

By creating an account and providing payment information, you authorize IDV to charge the credit card number or bank account as specified for the monthly subscription amount. You also authorize IDV to charge the account provided for each month’s automatic renewal until you provide written notice to cancel. Once IDV receives your request, the cancellation will occur after the next monthly payment cycle. You will have access to your account until cancellation occurs.

Start Period

After having created and activated an account you will have access to the system.

Termination and Modification

IDV reserves the right to suspend your access to the account after one month of declined payment. After three months of declined payment, IDV reserves the right to cancel your account with no notice.

We may modify or terminate the Site, and any Content, including without limitation the prices and descriptions of any products or services listed on the Site, at any time without notice.

Indemnity

You agree to indemnify and hold us harmless, as well as our subsidiaries, affiliates, officers, agents, affiliates, co-branders, and employees, from and against any cost, expense, indebtedness, liability, loss, claim, or demand, including without limitation reasonable attorneys’ fees and disbursements, arising out of content you submit, post to, or transmit through the Site, your use of the Site or any Content or Services, your connection to the Site, your violation of these Terms of Use, or your violation of any of our rights or the rights of any other individual or entity.

Notices

You may send us notices via the contact information on this page. Any notice will be effective upon actual receipt by us. We may send notices to you through email, regular mail, or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of email or regular mail or upon posting on the Site.

Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of South Carolina, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Charleston County, South Carolina, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

Designated Agent for Legal Notices

Please communicate any notices to david@implantdatavault.com