This website is owned and operated by Inovius, Inc. and is collectively referred to as “Inovius” or the "Company."
Terms of Service:
Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of this website (the "Website," or "Site"). Inovius, Inc. may change the Terms of Service from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Terms of Service.
Acceptance of Terms:
By accessing, browsing, or otherwise using this website, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions. If you do not agree to all of these terms and conditions, you may not access, browse or use this website. These terms of access do not alter in any way the terms and conditions of any other agreement(s) you may have with Inovius.
Inovius does not provide medical advice or diagnostic services. Any healthcare or health plan comparisons furnished on this website may not be construed as professional advice and is not intended to replace your personal consultation with a qualified physician, pharmacist or other healthcare professional.
General Terms and Conditions. In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as represented on the User Profile page and (b) to maintain and update this information to keep it true, accurate, current and complete, as allowed by the functionality of the User Profile. If any information provided by you is untrue, inaccurate, not current or incomplete, Inovius, Inc. has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.
By using the vToolkit.com web site, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, INOVIUS, INC. DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER INOVIUS, INC. NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF INOVIUS, INC., ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Inovius, Inc. is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Inovius, Inc. does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.
Inovius, Inc. reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other web sites for which Inovius, Inc. assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at this Site may vary depending upon your browser limitations.
This website, including all software, functions, materials, and information, is provided "as is" without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content. Company does not warrant or make any representations regarding the operation of this website, the use, validity, accuracy or reliability of, or the results of the use of the materials on this website or any other sites linked to this website. The materials of this website may be out of date, and Company makes no commitment to update the materials at this website. Company does not and cannot guarantee or warrant that the files available for downloading from this website, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Company does not warrant that this website, software, materials, products, or services will be uninterrupted or error-free or that any defects in this website, software, materials, products, or services will be corrected.
LIMITATION OF LIABILITY
In no event will Company, its suppliers or other third parties mentioned at or in this website be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this website, any web sites linked to this website, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
User Conduct On the Site. While using the Site, you may not:
1. restrict or inhibit any other user from using and enjoying the Site; or
2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Inovius, Inc.) or engage in spamming or flooding; or
4. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
5. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
6. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
7. upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
Inovius, Inc. has no obligation to monitor the Site. However, you acknowledge and agree that Inovius, Inc. has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. Inovius, Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law. Inovius, Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, Inovius, Inc. is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Failure to Comply With Terms and Conditions and Termination. You acknowledge and agree that Inovius, Inc. may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that Inovius, Inc. in its sole discretion believes violate any of the terms and conditions, violate the rights of Inovius, Inc., or is otherwise inappropriate for continued access.
You acknowledge and agree that Inovius, Inc. may in its sole discretion deny you access through Inovius, Inc. to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Inovius, Inc., Inovius, Inc. shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold Inovius, Inc. and their affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Service by you or users of your account.
Links from and to this Website. You acknowledge and agree that Inovius, Inc. and any of this website’s co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Inovius, Inc. or their website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information in the many web pages that are linked to Inovius, Inc.'s Websites comes from a variety of sources. Some of this information comes from official Inovius, Inc. licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Inovius, Inc. Inovius, Inc. do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Inovius, Inc. and their Website Co-branding Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
Other Information. Inovius, Inc. is taking reasonable and appropriate measures, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
Miscellaneous. The Terms of Service and the relationship between you and Inovius, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Inovius, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California.
The failure of Inovius, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
© Inovius, Inc. 2000-2012