Terms of Service
Welcome to Viewsono.com (the "Service") a service of Mobile Medical Media LLC ("M3"). These Terms of Service ("TOS") apply exclusively to your access to, and use of, the Service so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Mobile Medical Media for other products or services.
Viewsono.com reserves the right to change or modify any of the terms and conditions contained in the TOS or any policy or guideline of the Service, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Service. Your continued use of this Service following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review the TOS and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service.
BY ACCESSING, BROWSING AND USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SERVICE.
If you have any question regarding the use of the Service or its content, please direct any questions or comments to our webmaster.
TERMS OF SUBSCRIPTION
INDIVIDUAL SUBSCRIPTION
Individual Subscription: During the term of this Agreement, Viewsono.com grants to you a terminable at will non-exclusive license to use and display the Service, and to view materials available through the Service, all solely for your personal non-commercial educational use.
INSTITUTIONAL SUBSCRIPTION
During the term of this Agreement, Viewsono.com grants to your institution a terminable at will non-exclusive license to use and display the Service, and to view materials available through the Service, all solely for your users' personal, non-commercial educational use. Each Institutional Subscription shall be issued a master login/password combination that should be distributed to the Institution's users. When an institution's user logs into the Service with the master login/password combination, they will be prompted to create a personal login/password combination that they should use to access the Service. Each master login/password combination will allow a maximum number of personal user corresponding to the subscription level purchased.
REFUNDS
Viewsono.com will not give you a refund for any reason, except in cases of demonstrable fraud.
CANCELATION
Viewsono.com reserves the right to cancel the Service at any time without prior notice for any reason. In the event of cancellation, Viewsono.com will refund the subscription price on a pro rata basis.
ENGLISH LANGUAGE ONLY
The Service is provided in the English language only. You agree that you will not hold Viewsono.com or M3 liable in the event of any misunderstanding of the Service on your part.
LICENSE AND SERVICE ACCESS
Viewsono.com grants you a limited license to make personal use only of the Service. Such grant does not include, without limitation: a.) any resale or commercial use of the Service or content therein; b.) the collection and use of any product listings or descriptions; c.) making derivative uses of the Service and its contents; or d.) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Mobile Medical Media LLC.
The Service shall be used for educational purposes only and shall not be used outside the scope of this agreement. You agree not to take any actions whether intentional or unintentional that may circumvent, damage, disable or impair the Service, including but not limited to hacking, de-compliling, spoofing and reverse engineering the Service. Sharing of your individual or personal subscription is strictly prohibited.
If you share your individual or personal subscription, it will be cancelled with no refund. You may not use an individual subscription for any group related education. You may not transfer, assign, sub-license, share, lend, or re-sell the rights granted under this license. No deep linking or framing of our Service is permitted. Any use in violation of these limits shall constitute a violation of the terms of this license.
Any unauthorized use of this Service will terminate the license granted by this TOS and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
USER WARRANTIES
You agree to comply with the Terms of Service. You further agree to keep confidential the screen name and passwords associated with your use of Viewsono.com. You are responsible for obtaining and maintaining at your expense all equipment and services needed to access Viewsono.com, including all communications costs that you will incur to access Viewsono.com through the Internet. The carrier that you use to access the Internet, such as, your telephone company or wireless carrier, may charge service fees for web browsing, e-mail and messaging that require the use of online access and wireless data services. Check with your carrier to verify the fees that may apply to you.
RESERVATION OF RIGHTS
The Service is the personal property of Mobile Medical Media LLC. M3 retains the right to bar any individual or institution from the Service. Accessing the Service after being barred shall constitute an act of trespass. In the event a product is listed at an incorrect price due to an error, M3 reserves the right to refuse or cancel any order placed for products listed at the incorrect price. M3 shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, M3 shall issue a credit refund to your credit card account in the amount of the incorrect price and the product order will be cancelled.
COPYRIGHT
All copyrighted and copyrightable materials on this Service are ALL RIGHTS RESERVED Copyright 2008, MOBILE MEDICAL MEDIA LLC or its licensors. None of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Viewsono.com or the respective copyright owner. Permission is granted to view the Materials on this Service for personal, non-commercial and informational use only.
COPYRIGHT COMPLAINTS
Viewsono.com respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Service in a way that constitutes copyright infringement, please provide Viewsono.com's copyright agent the following written information:
Legal Department
Mobile Medical Media LLC
P.O. Box 441
Pittsford, New York 14534
Trademarks and Service Marks
Mobile Medical Media, the Mobile Medical Media logo, Viewsono, the Viewsono.com logo and the products and services described in this Service are either trademarks, service marks or registered trademarks, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the rights holder. All other trademarks, registered trademarks, product names and logos mentioned herein are the property of their respective owners.
LINKING
You are granted a limited, non-exclusive right to create a hyperlink to this Service provided such link does not portray Viewsono.com, Mobile Medical Media LLC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Viewsono.com logo or other proprietary graphic or trademark of Viewsono.com to link to this Service without the express written permission of Viewsono.com. This limited right may be revoked at any time.
THIRD PARTY LINKS
Viewsono.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Service, or websites linking to this Service. The linked websites are not under the control of Viewsono.com and Viewsono.com is not responsible for the content of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. Viewsono.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Viewsono.com of the website or any information contained therein. When leaving the Viewsono.com, you should be aware that Viewsono.com's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
SUBMISSIONS
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Viewsono.com, or postings on this Service, are non-confidential (subject to Viewsono.com's Privacy Policy) and shall become the sole property of Viewsono.com. Viewsono.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Viewsono.com, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
DISCLAIMERS "AS IS" BASIS
THIS SERVICE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. M3 DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. M3 IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. VIEWSONO.COM AND M3 DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE PRODUCT OR THE CONTENT.
VIEWSONO.COM RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINER ON THIS SERVICE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY VIEWSONO.COM OR M3.
LIMITATION OF LIABILITY IN NO EVENT SHALL VIEWSONO.COM OR M3 BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SERVICE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VIEWSONO.COM OR MOBILE MEDICAL MEDIA LLC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF VIEWSONO.COM EXCEED $5.00 OR THE COMPENSATION YOU PAID VIEWSONO.COM OR MOBILE MEDICAL MEDIA LLC, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.The information on this Service may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). All pictures are for illustration purposes. Please note that such errors, inaccuracies or omissions may relate to product description, product picture, pricing and availability. We apologize for any inconvenience this may cause you. Viewsono.com and M3 does not edit, proof or alter in any way content provided by lecturers or conferences and is thus is not responsible for any offensive, discriminatory or erroneous content nor is it responsible for any copyright infringement that may have occurred.
Applicable Law and Venue
This TOS shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and entirely to be performed within the State of New York, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this TOS shall be filed only in state or federal court located in the state of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Indemnity
In the event you breach the TOS, or if, any claims are made against M3 (its employees, officers or directors resulting from your actions) you shall be liable to M3 for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.You agree to indemnify and hold harmless M3 and Viewsono.com and its vendors for losses incurred due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential.
Notice
M3 may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to M3 via postal mail to Mobile Medical Media LLC, P.O. Box 441, Pittsford, New York 14534.
Term and Termination
This Agreement will become effective upon acceptance of this Agreement by User clicking the "I ACCEPT" button, and this Agreement will remain in effect for the Subscription Period. Viewsono.com may terminate this Agreement immediately if: (i) the User violates this Agreement; (ii) M3 believes in good faith that User's conduct violates or may violate applicable law; or (iii) M3 believes in good faith that the conduct of User is harmful to the interests of M3, Viewsono.com or other subscribers or users. Upon expiration or prior termination of this Agreement, all rights granted herein shall terminate and revert to M3.
Waiver and Severability
Any failure by M3 to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
Remedies
Rights and remedies granted hereunder are cumulative. The exercise of one shall not diminish or affect any other rights or remedies at law or in equity. User's sole remedy under this Agreement shall be an action at law for damages; User shall not be entitled to equitable relief.
Surviving Obligations
Each party's representations, warranties, indemnities and confidentiality obligations and the provisions regarding ownership of intellectual property shall survive the expiration or prior termination of this Agreement.
Entire Agreement
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
INCORPORATED POLICIES OR TERMS
PRIVACY POLICY
At Viewsono.com ("Viewsono.com," "we," or "us"), we are committed to ensuring the privacy of our visitors. This Privacy Policy (this "Policy") describes how personal information is collected from visitors of the Viewsono.com website at www.viewsono.com (the "Service"), and how such personal information is used and disclosed. By using our Service, you consent to the terms of this Policy.
What is Personal Information?.
Personal information consists of "personally identifiable information"; that is, information that specifically identifies a person. Examples of personal information include a person's name, address, telephone number, e-mail address, credit card number or other account number, or information about that person's activities when directly linked to that person. Personal information also includes demographic information, such as date of birth, gender, geographic area, and preferences when such information is linked to other personally identifiable information. Personal information does not include "aggregate" information. Aggregate information is data we collect about a category or group of customers, products or services for which individual identities are not present, or from which they have been removed. Aggregate information allows us to better consider new products and services and tailor existing products and services to needs and desires of prospective customers.
Personal Information We Collect
As a visitor to the Service you may provide personal information to us in several ways. For example, you provide us with personal information when you: (1) fill out a form to request information about our products, services, or to provide us with comments or feedback; (2) sign up to receive E-mail Alerts; or (3) contact us by email for any reason. We collect your name, contact information (e.g., email address, postal address, and telephone number) and certain employment related information (such as company and the department or specialty in which you work) in this manner. Additionally, some information is automatically collected from you on the Service, such as your computer's operating system, browser type, and IP address. This information is collected through the use of "cookies." Cookies are small files that are stored on your computer by a website to give you a unique identification. We use cookies on the Service to keep you logged in to the Service and to keep track of your selections from our online catalog. We treat automatically collected information as personal information if we combine it with or link it to any of the personally identifiable information mentioned above. Otherwise, it is used in the aggregate only. IP addresses are not linked to any personally identifiable information. In addition, a third-party service is used to anonymously track traffic data on the Service through the use of a cookie that is not linked to, and does not track, any personally identifiable information about users of our Service.
How We Use Personal Information
In general, we use personal information to process your requests and provide you with products, services or information, or to inform you about other products or services we believe may be of interest to you. For example, we use your information to deliver products or provide services you have purchased, to send you information about our products or services via email and postal mail, to improve our products and services, and to develop new products and services. When we use personal information in our internal marketing efforts, we provide you with choices (see "Choice," below). We may also receive personal information from third parties with whom we have business relationships, and may combine this information with the other personal information we maintain about you. If we do so, this Policy governs such information.
Sharing of Personal Information
We do not sell, rent, or share personal information with third parties without your prior consent except as described in this Policy. We may share personal information with third-party vendors and distribution partners who assist us in performing internal functions necessary to operate our business. These functions may include, for example, analyzing data, providing marketing assistance, processing credit card payments, and providing requested corporate and/or product information. In all cases we limit personal information shared with our third-party vendors to information, which is necessary to carry out those functions, and we require them to keep the information confidential and to only use it for the purpose for which it was provided. We are not responsible for any additional information you provide to these third parties, however, and we encourage you to become familiar with their practices before disclosing information directly to them. We disclose personal information to respond to legal process; to protect our rights or property, or in emergency situations that threaten the life or safety of any person. In addition, information about our customers, including personal information, may be disclosed to our successor as part of any merger, acquisition, debt financing or sale of company assets.
Links to Other Websites
Our Service may contain links to other websites. Links from our Service to other websites or content are provided for your convenience only, and we do not have control over the content or privacy and security practices and policies of such third parties or third-party websites. Any personal information you provide on linked pages is provided directly to that third party and is subject to that third party's privacy policy. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.
Use of the Service by Children
We do not intend this Service to be used by individuals who are not medical professionals and we do not intend this Service to be used, and the Service is not designed, to collect information from children who are under 18 years of age. If you are under 18, you should not provide information on the Service.
Security
We have put into place reasonable security measures in an effort to prevent loss, misuse, and alteration of information while it is under our control. We cannot, however, guarantee protection of all information against interception, misappropriation, misuse, or alteration, or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. If you choose to transmit information to us over the Internet, you do so at your own risk. Furthermore, we have no control over the security of other websites you might visit, interact with, or do business with.
Choice
To opt-out of receiving email communications from us, please follow the "Unsubscribe" instructions contained in the communication from us, or use the contact form. If you wish to access, modify or delete your personal information that you have provided to us, or to opt-out of receiving communications from us via mail, please use the contact form or write to us at the following address with your request: Mobile Medical Media LLC, Attn: Webmaster, P.O. Box 441, Pittsford, New York 14534.
Policy Changes
We will modify this Policy if our privacy practices materially change in the future. We will notify you of such changes by posting the new policy on our Service and indicating at the top of the privacy policy the date it was last updated. We encourage you to review our Policy each time you visit the Service to make sure you understand how information you provide will be used.
Feedback
We welcome your feedback. If you have any comments or concerns about this Policy or would like to contact us for any reason, you may reach us via the contact form or at the following address: Mobile Medical Media LLC, Attn: Webmaster, P.O. Box 441, Pittsford, New York 14534.
Home
Welcome to Viewsono.com (the "Service") a service of Mobile Medical Media LLC ("M3"). These Terms of Service ("TOS") apply exclusively to your access to, and use of, the Service so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Mobile Medical Media for other products or services.
Viewsono.com reserves the right to change or modify any of the terms and conditions contained in the TOS or any policy or guideline of the Service, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Service. Your continued use of this Service following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review the TOS and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service.
BY ACCESSING, BROWSING AND USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SERVICE.
If you have any question regarding the use of the Service or its content, please direct any questions or comments to our webmaster.
TERMS OF SUBSCRIPTION
INDIVIDUAL SUBSCRIPTION
Individual Subscription: During the term of this Agreement, Viewsono.com grants to you a terminable at will non-exclusive license to use and display the Service, and to view materials available through the Service, all solely for your personal non-commercial educational use.
INSTITUTIONAL SUBSCRIPTION
During the term of this Agreement, Viewsono.com grants to your institution a terminable at will non-exclusive license to use and display the Service, and to view materials available through the Service, all solely for your users' personal, non-commercial educational use. Each Institutional Subscription shall be issued a master login/password combination that should be distributed to the Institution's users. When an institution's user logs into the Service with the master login/password combination, they will be prompted to create a personal login/password combination that they should use to access the Service. Each master login/password combination will allow a maximum number of personal user corresponding to the subscription level purchased.
REFUNDS
Viewsono.com will not give you a refund for any reason, except in cases of demonstrable fraud.
CANCELATION
Viewsono.com reserves the right to cancel the Service at any time without prior notice for any reason. In the event of cancellation, Viewsono.com will refund the subscription price on a pro rata basis.
ENGLISH LANGUAGE ONLY
The Service is provided in the English language only. You agree that you will not hold Viewsono.com or M3 liable in the event of any misunderstanding of the Service on your part.
LICENSE AND SERVICE ACCESS
Viewsono.com grants you a limited license to make personal use only of the Service. Such grant does not include, without limitation: a.) any resale or commercial use of the Service or content therein; b.) the collection and use of any product listings or descriptions; c.) making derivative uses of the Service and its contents; or d.) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Mobile Medical Media LLC.
The Service shall be used for educational purposes only and shall not be used outside the scope of this agreement. You agree not to take any actions whether intentional or unintentional that may circumvent, damage, disable or impair the Service, including but not limited to hacking, de-compliling, spoofing and reverse engineering the Service. Sharing of your individual or personal subscription is strictly prohibited.
If you share your individual or personal subscription, it will be cancelled with no refund. You may not use an individual subscription for any group related education. You may not transfer, assign, sub-license, share, lend, or re-sell the rights granted under this license. No deep linking or framing of our Service is permitted. Any use in violation of these limits shall constitute a violation of the terms of this license.
Any unauthorized use of this Service will terminate the license granted by this TOS and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
USER WARRANTIES
You agree to comply with the Terms of Service. You further agree to keep confidential the screen name and passwords associated with your use of Viewsono.com. You are responsible for obtaining and maintaining at your expense all equipment and services needed to access Viewsono.com, including all communications costs that you will incur to access Viewsono.com through the Internet. The carrier that you use to access the Internet, such as, your telephone company or wireless carrier, may charge service fees for web browsing, e-mail and messaging that require the use of online access and wireless data services. Check with your carrier to verify the fees that may apply to you.
RESERVATION OF RIGHTS
The Service is the personal property of Mobile Medical Media LLC. M3 retains the right to bar any individual or institution from the Service. Accessing the Service after being barred shall constitute an act of trespass. In the event a product is listed at an incorrect price due to an error, M3 reserves the right to refuse or cancel any order placed for products listed at the incorrect price. M3 shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, M3 shall issue a credit refund to your credit card account in the amount of the incorrect price and the product order will be cancelled.
COPYRIGHT
All copyrighted and copyrightable materials on this Service are ALL RIGHTS RESERVED Copyright 2008, MOBILE MEDICAL MEDIA LLC or its licensors. None of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Viewsono.com or the respective copyright owner. Permission is granted to view the Materials on this Service for personal, non-commercial and informational use only.
COPYRIGHT COMPLAINTS
Viewsono.com respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Service in a way that constitutes copyright infringement, please provide Viewsono.com's copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Service;
- 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;
- 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.
Legal Department
Mobile Medical Media LLC
P.O. Box 441
Pittsford, New York 14534
Trademarks and Service Marks
Mobile Medical Media, the Mobile Medical Media logo, Viewsono, the Viewsono.com logo and the products and services described in this Service are either trademarks, service marks or registered trademarks, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the rights holder. All other trademarks, registered trademarks, product names and logos mentioned herein are the property of their respective owners.
LINKING
You are granted a limited, non-exclusive right to create a hyperlink to this Service provided such link does not portray Viewsono.com, Mobile Medical Media LLC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Viewsono.com logo or other proprietary graphic or trademark of Viewsono.com to link to this Service without the express written permission of Viewsono.com. This limited right may be revoked at any time.
THIRD PARTY LINKS
Viewsono.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Service, or websites linking to this Service. The linked websites are not under the control of Viewsono.com and Viewsono.com is not responsible for the content of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. Viewsono.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Viewsono.com of the website or any information contained therein. When leaving the Viewsono.com, you should be aware that Viewsono.com's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
SUBMISSIONS
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Viewsono.com, or postings on this Service, are non-confidential (subject to Viewsono.com's Privacy Policy) and shall become the sole property of Viewsono.com. Viewsono.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Viewsono.com, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
DISCLAIMERS "AS IS" BASIS
THIS SERVICE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. M3 DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. M3 IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. VIEWSONO.COM AND M3 DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE PRODUCT OR THE CONTENT.
VIEWSONO.COM RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINER ON THIS SERVICE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY VIEWSONO.COM OR M3.
LIMITATION OF LIABILITY IN NO EVENT SHALL VIEWSONO.COM OR M3 BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SERVICE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VIEWSONO.COM OR MOBILE MEDICAL MEDIA LLC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF VIEWSONO.COM EXCEED $5.00 OR THE COMPENSATION YOU PAID VIEWSONO.COM OR MOBILE MEDICAL MEDIA LLC, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.The information on this Service may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). All pictures are for illustration purposes. Please note that such errors, inaccuracies or omissions may relate to product description, product picture, pricing and availability. We apologize for any inconvenience this may cause you. Viewsono.com and M3 does not edit, proof or alter in any way content provided by lecturers or conferences and is thus is not responsible for any offensive, discriminatory or erroneous content nor is it responsible for any copyright infringement that may have occurred.
Applicable Law and Venue
This TOS shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and entirely to be performed within the State of New York, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this TOS shall be filed only in state or federal court located in the state of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Indemnity
In the event you breach the TOS, or if, any claims are made against M3 (its employees, officers or directors resulting from your actions) you shall be liable to M3 for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.You agree to indemnify and hold harmless M3 and Viewsono.com and its vendors for losses incurred due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential.
Notice
M3 may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to M3 via postal mail to Mobile Medical Media LLC, P.O. Box 441, Pittsford, New York 14534.
Term and Termination
This Agreement will become effective upon acceptance of this Agreement by User clicking the "I ACCEPT" button, and this Agreement will remain in effect for the Subscription Period. Viewsono.com may terminate this Agreement immediately if: (i) the User violates this Agreement; (ii) M3 believes in good faith that User's conduct violates or may violate applicable law; or (iii) M3 believes in good faith that the conduct of User is harmful to the interests of M3, Viewsono.com or other subscribers or users. Upon expiration or prior termination of this Agreement, all rights granted herein shall terminate and revert to M3.
Waiver and Severability
Any failure by M3 to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
Remedies
Rights and remedies granted hereunder are cumulative. The exercise of one shall not diminish or affect any other rights or remedies at law or in equity. User's sole remedy under this Agreement shall be an action at law for damages; User shall not be entitled to equitable relief.
Surviving Obligations
Each party's representations, warranties, indemnities and confidentiality obligations and the provisions regarding ownership of intellectual property shall survive the expiration or prior termination of this Agreement.
Entire Agreement
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
INCORPORATED POLICIES OR TERMS
PRIVACY POLICY
At Viewsono.com ("Viewsono.com," "we," or "us"), we are committed to ensuring the privacy of our visitors. This Privacy Policy (this "Policy") describes how personal information is collected from visitors of the Viewsono.com website at www.viewsono.com (the "Service"), and how such personal information is used and disclosed. By using our Service, you consent to the terms of this Policy.
What is Personal Information?.
Personal information consists of "personally identifiable information"; that is, information that specifically identifies a person. Examples of personal information include a person's name, address, telephone number, e-mail address, credit card number or other account number, or information about that person's activities when directly linked to that person. Personal information also includes demographic information, such as date of birth, gender, geographic area, and preferences when such information is linked to other personally identifiable information. Personal information does not include "aggregate" information. Aggregate information is data we collect about a category or group of customers, products or services for which individual identities are not present, or from which they have been removed. Aggregate information allows us to better consider new products and services and tailor existing products and services to needs and desires of prospective customers.
Personal Information We Collect
As a visitor to the Service you may provide personal information to us in several ways. For example, you provide us with personal information when you: (1) fill out a form to request information about our products, services, or to provide us with comments or feedback; (2) sign up to receive E-mail Alerts; or (3) contact us by email for any reason. We collect your name, contact information (e.g., email address, postal address, and telephone number) and certain employment related information (such as company and the department or specialty in which you work) in this manner. Additionally, some information is automatically collected from you on the Service, such as your computer's operating system, browser type, and IP address. This information is collected through the use of "cookies." Cookies are small files that are stored on your computer by a website to give you a unique identification. We use cookies on the Service to keep you logged in to the Service and to keep track of your selections from our online catalog. We treat automatically collected information as personal information if we combine it with or link it to any of the personally identifiable information mentioned above. Otherwise, it is used in the aggregate only. IP addresses are not linked to any personally identifiable information. In addition, a third-party service is used to anonymously track traffic data on the Service through the use of a cookie that is not linked to, and does not track, any personally identifiable information about users of our Service.
How We Use Personal Information
In general, we use personal information to process your requests and provide you with products, services or information, or to inform you about other products or services we believe may be of interest to you. For example, we use your information to deliver products or provide services you have purchased, to send you information about our products or services via email and postal mail, to improve our products and services, and to develop new products and services. When we use personal information in our internal marketing efforts, we provide you with choices (see "Choice," below). We may also receive personal information from third parties with whom we have business relationships, and may combine this information with the other personal information we maintain about you. If we do so, this Policy governs such information.
Sharing of Personal Information
We do not sell, rent, or share personal information with third parties without your prior consent except as described in this Policy. We may share personal information with third-party vendors and distribution partners who assist us in performing internal functions necessary to operate our business. These functions may include, for example, analyzing data, providing marketing assistance, processing credit card payments, and providing requested corporate and/or product information. In all cases we limit personal information shared with our third-party vendors to information, which is necessary to carry out those functions, and we require them to keep the information confidential and to only use it for the purpose for which it was provided. We are not responsible for any additional information you provide to these third parties, however, and we encourage you to become familiar with their practices before disclosing information directly to them. We disclose personal information to respond to legal process; to protect our rights or property, or in emergency situations that threaten the life or safety of any person. In addition, information about our customers, including personal information, may be disclosed to our successor as part of any merger, acquisition, debt financing or sale of company assets.
Links to Other Websites
Our Service may contain links to other websites. Links from our Service to other websites or content are provided for your convenience only, and we do not have control over the content or privacy and security practices and policies of such third parties or third-party websites. Any personal information you provide on linked pages is provided directly to that third party and is subject to that third party's privacy policy. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.
Use of the Service by Children
We do not intend this Service to be used by individuals who are not medical professionals and we do not intend this Service to be used, and the Service is not designed, to collect information from children who are under 18 years of age. If you are under 18, you should not provide information on the Service.
Security
We have put into place reasonable security measures in an effort to prevent loss, misuse, and alteration of information while it is under our control. We cannot, however, guarantee protection of all information against interception, misappropriation, misuse, or alteration, or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. If you choose to transmit information to us over the Internet, you do so at your own risk. Furthermore, we have no control over the security of other websites you might visit, interact with, or do business with.
Choice
To opt-out of receiving email communications from us, please follow the "Unsubscribe" instructions contained in the communication from us, or use the contact form. If you wish to access, modify or delete your personal information that you have provided to us, or to opt-out of receiving communications from us via mail, please use the contact form or write to us at the following address with your request: Mobile Medical Media LLC, Attn: Webmaster, P.O. Box 441, Pittsford, New York 14534.
Policy Changes
We will modify this Policy if our privacy practices materially change in the future. We will notify you of such changes by posting the new policy on our Service and indicating at the top of the privacy policy the date it was last updated. We encourage you to review our Policy each time you visit the Service to make sure you understand how information you provide will be used.
Feedback
We welcome your feedback. If you have any comments or concerns about this Policy or would like to contact us for any reason, you may reach us via the contact form or at the following address: Mobile Medical Media LLC, Attn: Webmaster, P.O. Box 441, Pittsford, New York 14534.
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