- Personal Login Information. Certain features and areas of the AVF websites are available only with registration and/or login. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The AVF is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact AVF immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the AVF websites and not interfere with the use and enjoyment of the AVF websites by other users or with the AVF’s operation and management of the AVF websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the AVF websites, including, without limitation, information required to be provided through an AVF registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the AVF reserves the right to terminate your access and use of the AVF websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the AVF websites, or defame or otherwise harm any party, including the AVF, through your use of the AVF websites.
- Proprietary Rights. The content of the AVF websites includes, without limitation, (i) the AVF’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “AVF Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the AVF websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “AVF Content”). AVF Content is the property of the AVF, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any AVF Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the AVF or the owner of such content if the AVF is not the owner. Any use of the AVF Marks without the AVF’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the AVF Content, including any such notices appearing on any AVF Content you are permitted to download, transmit, display, print, or reproduce from the AVF websites.
- Responsibility for Use of the Internet and the AVF websites. Use of the Internet and the AVF websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The AVF does not guarantee the confidentiality or security of any communication or other material transmitted to or from the AVF websites over the Internet or other communication network. The AVF shall not be obligated to correct or update the AVF websites, the AVF Content or the User-Generated Content and the AVF shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the AVF websites.
- Medical Disclaimer. The AVF Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician. The AVF does not answer specific medical questions or refer people to a particular venous and/or lymphatic professional.
- Third Party Information. The AVF websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the AVF websites are those of the respective third party and not of the AVF or its affiliates. The AVF makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
- Advertisers. The AVF websites may contain advertisements of third parties. The inclusion of advertisements on the AVF websites does not imply endorsement of the advertised products or services by the AVF. The AVF shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the AVF websites. Further, the AVF shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the AVF websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
- Links to Third Party Websites. The AVF websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which the AVF exercises no control. The appearance of any such third party links (provided by the AVF or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the AVF websites, you do so entirely at your own risk.
- Links to AVF websites and AVF Content. Links posted by third parties to the AVF websites and/or AVF Content may not use the AVF trademark or logo and shall not suggest that the AVF promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the AVF websites shall be the responsibility of the linking party. The AVF reserves the right to require any linking party to disable or remove any link that violates the AVF’s rights or causes interruption or deterioration of AVF Content.
- Warranties Disclaimed. THE AVF WEBSITES AND AVF CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE AVF, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “AVF PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE AVF WEBSITES OR AVF CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE AVF WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AVF WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) AVF CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE AVF WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Limitation of Liability. THE AVF PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE AVF WEBSITES AND/OR ANY AVF CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE AVF WEBSITES AND/OR AVF CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE AVF WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE AVF WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AVF WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE AVF WEBSITES ARISING OUT OF CAUSES BEYOND THE AVF’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE AVF CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE AVF WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE AVF WEBSITES OR AVF CONTENT.
- Exclusions Permitted by Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND AVF’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Eastern District of Wisconsin or any State of Wisconsin court located in Milwaukee County, Wisconsin.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the AVF websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Revised September 30, 2013.
THESE TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE