Effective Date: May 4, 2020
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE OR PROFESSIONAL ADVICE. Nothing contained within the Website is intended to constitute as medical advice, instruction for medical diagnosis, or instruction for treatment. Any information provided through the Website should be considered to be hypothetical, and not be considered complete, nor should it be relied upon to suggest a course of treatment for any particular individual. Information received from the Website should not be relied upon for personal, medical, legal, technical, or financial decisions. Metavention does not, through the Website or otherwise, directly or indirectly practice medicine, render medical advice, or provide medical services. After reviewing the Website and before taking any action related to any content on the Website, you are expected to make a reasonable investigation into, and consider the potential consequences of, any such action. This includes, but is not limited to, talking to your doctor to determine the best course of treatment for your individual condition. If you obtain any information through the Website, you use such information at your own risk.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 (OR OTHER APPLICABLE EMERGENCY NUMBER) IMMEDIATELY.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Although we have attempted to provide accurate information on our Website, we assume no responsibility for, and do not guarantee, the accuracy, effectiveness, and suitability of any information contained on this Website. This information is presented “AS IS” and may include technical inaccuracies or errors. We may change the information provided on our Website at any time, without notice.
Metavention Copyrights and Trademarks
You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in our Website, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any of our Website (i) without the prior consent of the owner or (ii) in a way that violates someone else’s (including Metavention) rights. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Website. Subject to these Terms, you may e-mail, download, or print copies of materials on this website for personal, noncommercial use or for purposes of using our Website only.
Product names and services on this Website belong to us and are protected by the United States and foreign trademark laws. Use of these trademarks or service marks without express written consent is strictly prohibited.
Title to materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.
Use of materials or trademarks on this Website in a manner not clearly allowed by these Terms constitutes a violation of your agreement with us and may be in violation of copyright, trademark, and other laws. If this is the case, we will automatically revoke your permission to use this Website.
Anything you share or otherwise provide through our Website, including any feedback, comments, ideas, inventions, concepts, techniques or know-how disclosed therein, is your “User Submission” and will be treated as non-confidential and non-proprietary. You are solely responsible for all User Submissions you contribute to the Website. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. All such information becomes the property of Metavention or its affiliates and may be used, without compensation to you, for any purpose whatsoever, including disclosure to third parties and/or developing, manufacturing and/or marketing products or services.
Third Party Websites
This Website may contain links to websites operated by other parties. The linked websites are not under our control, and we are not responsible for the content available on any other websites linked to this Website. Such links do not imply our endorsement of material on any other website and we disclaim all liability with regard to your access to such linked websites. We provide links to other websites as a convenience to users, and access to any other websites linked to this Website is at your own risk.
Third Party Content
Certain content from third parties may be made available as part of our Website. We do not endorse or guarantee the accuracy or completeness of this content.
Compliance with Laws
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. METAVENTION AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (METAVENTION AND ALL SUCH PARTIES TOGETHER, THE “METAVENTION PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE METAVENTION PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.
THE METAVENTION PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT NEITHER ANY METAVENTION PARTY NOR ANY OTHER PERSON OR COMPANY ASSOCIATED WITH METAVENTION SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Please read the following Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with Metavention and limits the manner in which you can seek relief from Metavention. Both you and Metavention acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Metavention’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in the State of Minnesota, U.S.A. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Metavention will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Metavention will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Metavention may assert claims, if they qualify, in small claims court in the State of Minnesota, U.S.A. or any U.S.A. county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND METAVENTION WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Metavention are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Metavention over whether to vacate or enforce an arbitration award, YOU AND METAVENTION WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Metavention is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 10900 73rd Avenue N., Suite 101, Maple Grove, MN 55369, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) your email address and/or telephone number, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Metavention to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Metavention agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, the State of Minnesota, U.S.A., or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Metavention.
CONTACT / ADDRESS FOR ALL LEGAL NOTICES
10900 73rd Avenue N., Suite 101
Maple Grove, MN 55369