Valio General Website Terms

Welcome to the website of Valio LLC (“Valio”) (the “Site”).

 

These General Website Terms (the “Terms”) govern your use of the Site and any Subscription you obtain and/or use from Valio pursuant to the Platform Subscription Agreement (“Subscription”). Please note that your use of the Site constitutes your agreement to these Terms. If you do not agree to these Terms, please do not use the Site or Subscription.

 

Valio may revise these Terms from time to time, including as new features are added to the Site and Subscription. You should visit this page periodically to review the Terms that govern your use of the Site and Subscription, and any time that a notice is posted by Valio that there has been a change to the Terms.

Should you have any questions concerning these Terms, please contact us at terms@myvalio.com
 

1. PERMITTED USE AND PROHIBITED USE IN GENERAL

 

Valio grants you permission to use the Site and Subscription so long as we provide you with access, and solely for your internal business use consistent with the purposes for which Site and Subscription are provided. You shall not use information obtained from the Site or Subscription Platform except in connection with your own internal use and in accordance with these Terms and the Subscription Agreement, if applicable.

 

If you have purchased or otherwise obtained lawful authorization from us to use the Subscription, your access to the Subscription is subject to the additional provisions in these Terms. For the avoidance of doubt, we are not giving you any rights or license other than as expressly set forth in the Terms or, if applicable, Subscription Agreement.

 

Except as otherwise provided by the Subscription Agreement, we reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Site and Subscription by one or more users, including you, at any time and for any reason.

 

Without limiting the foregoing, we specifically prohibit the use of the Site or Subscription for any purpose deemed improper by us. Improper uses include but shall not be limited to:

 

(i) copying, distributing or modifying any part of the Site or Subscription without our prior written authorization;

(ii) use of the Site or Subscription to transmit or attempt to transmit advertisements, email or other communications to any third party without our prior written authorization;

(iii) use of the Site or Subscription to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, unlawful content or material;

(iv) use of the Site to upload, distribute through or otherwise publish through the Site or Subscription, any content which is obscene, threatening, harmful to other users, abusive, or contain expressions of hatred, bigotry, racism or pornography, or is otherwise viewed by Valio as objectionable;  

(v) use or attempted use of the Site or Subscription to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by us or other users, or disrupts servers or networks connected to the Site or Subscription Platform;

(vi) enter data into the Site or Subscription that you are not authorized to provide to the Site or Subscription Platform;

(vii) use in a manner that negatively affects other users’ ability to interact with the Site or Subscription Platform.  

(viii) use that is not in compliance with these Terms or the Subscription Agreement, if applicable;

(ix) use that infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; or

(x) violates any applicable laws, rules, or regulations.

 

You will, at all times, provide true, accurate, current, authorized, and complete information if you choose to submit information or materials on the Site. Except as otherwise provided in the Subscription Agreement, you acknowledge that Valio may, but is not obligated to screen edit, modify, remove or disable access to any content submitted to the Site, and further that Valio reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Valio suspects the content violates any law or regulation, or would violate the law or regulations if it is not disclosed. Valio may cooperate with law enforcement to assist in any investigation or prosecution of any illegal conduct.

 

2. PERSONAL LOGIN INFORMATION

 

Certain features and areas of the Site may be available only with registration, login and/or a Subscription. If you choose to access those areas, you will be assigned or select a unique login and password ("Personal Login Information").You are responsible for and must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any other person or entity to use it under any circumstances. Because Valio cannot control your handling of your Personal Login Information, Valio 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 Valio immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information or you have, or should have, reason to believe the security of the Site may be or have been compromised.

 

3. ERRORS AND OMISSIONS

 

Occasionally there may be information on our Site or Subscription areas that contains errors, inaccuracies or omissions. We care about the information within the Site and want You to have the best experience possible. We also welcome your feedback and notice regarding any perceived errors, inaccuracies or omissions. However, it is entirely within our discretion whether to, and we are not obligated to, correct any errors, inaccuracies or omissions, or to change or update information in the Site and Subscription. By using the Site or Subscription, you acknowledge the foregoing and agree that Valio is not liable for the consequences of your use of such information or any harm caused by same. You understand and agree that you are solely responsible for verifying the accuracy of all information you obtain from the Site or Subscription areas.
 

4. INTELLECTUAL PROPERTY
 

You agree not to use any trademarks, service marks, names, logos, or other identifiers of Valio without the prior written permission of Valio or the relevant user.

 

Except as otherwise provided in our Privacy Policy or the Subscription Agreement, if applicable to you, you agree that you are providing Valio and any successor to Valio or the business of Valio, a perpetual and royalty-free license to use, reproduce, distribute, publicly display (if applicable), modify, edit, incorporate into one or more compilations and reproduce and distribute the information you submit to the Site, in the manner and for the purpose as to which you have submitted same.

 

5. MODIFICATIONS TO SITE AND SUBSCRIPTION

 

Except as otherwise provided in the Subscription Agreement, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and Subscription (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and Subscription.

 

6. SUBSCRIPTION AGREEMENT AND OTHER ADDITIONAL TERMS

 

Specific sections of the Site and/or Subscription contain additional terms governing use and access to those sections or Subscription, including but not limited to the Subscription Agreement, Privacy Policy and other click-through agreements within the Site (collectively "Additional Terms and Conditions"). All Additional Terms and Conditions are incorporated into these Terms. To the extent that there is a conflict between these Terms and any Additional Terms and Conditions, the Additional Terms and Conditions shall govern.

 

7. DIGITAL MILLENNIUM COPYRIGHT ACT

We are under no obligation to, and do not, scan content used in connection with the Site or Subscription Platform for the inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. 

If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to: dmca@myvalio.com
 

This email address for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512.

 

8. THIRD-PARTY WEBSITES AND RESOURCES

The Site may provide links to third party websites or resources (“Third Party Resources”). You acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with such Third Party Resources.

 

We may enable social media connectivity on the Site from time to time.  This connectivity may link to our own social media accounts.  The specific content we may post on our own social media accounts is subject to these Terms.  However, those social media websites are also Third-Party Resources.  If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.

This function is intended to enable us to connect with social media websites so that you can send newsfeeds about your activities to each of these websites. Such social media websites may also be able to use information about action you take on our Site.

However, note that where you choose to publish or share information through the social media links on our Site, we have no control over that activity.  It will not be protected by us. You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site, you do so at your own risk.

 

9. USER FEEDBACK AND USER-TO-USER COMMUNICATION

 

Valio may make available to users of the Site or Subscription Platform the ability to provide feedback or exchange information regarding third party or other user activity, content, products and/or services. You acknowledge that you are solely responsible for the content of any feedback or exchanged information, and that Valio may choose not to, or may be contractually restrained from review of user content, and that Valio is not responsible for your content or any other user’s content. Valio and its Affiliates do not endorse or accept any Communications as their own or representative of their views.

 

10. CLINCIAL DATA AND PRODUCT INFORMATION; INTENDED USERS

 

The Site and the Subscription Platform contain clinical data, product information and other health and/or medical related information. This information is intended for persons over 18 years of age that are sophisticated professionals in the medical industry and not for the general public. You acknowledge and agree that such content is for informational purposes only, and may not be applicable or true in a particular instance. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site or the Subscription Platform is at your sole risk.

 

Prior to purchasing any third-party products or Subscription described on the Site or Subscription Platform, you are responsible for verifying all information relating to same and your decision to make such purchase.

 

You further acknowledge and agree that regardless of whether Valio takes action in a particular instance to evaluate, review or assess user activity or content, or to correct such information, Valio is not responsible for any such information, any product claims, or your use of or reliance on same. You acknowledge and agree that Valio is not a party to nor does it have an interest or obligation relating to such information or any other user of the Site or Subscription Platform. Valio may charge fees for access to the Subscription Platform and these fees are unrelated to user transactions or sales.

 

11. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 

THE SITE AND ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE.

WE MAKE NO WARRANTY THAT THE SITE OR ANY INFORMATION OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.

ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

 

12. LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

 

13. INDEMNIFICATION

 

You hereby agree to indemnify, defend and hold harmless Valio from and against any and all liability and costs incurred by Valio in connection with any claim arising out of your use of the Site and any breach or alleged breach by you of these Terms. You shall cooperate as fully as reasonably required in the defense of any claim. Valio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Valio.

 

14. EXCLUSIONS AND LIMITATIONS

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE TERMS MAY NOT APPLY TO YOU.

 

15. NEW JERSEY RESIDENTS

 

THESE TERMS ARE NOT INTENDED TO AND DO NOT LIMIT ANY RIGHTS NEW JERSEY RESIDENTS HAVE UNDER THE LAW.THE PROVISIONS HEREIN REGARDING INDEMNIFICATION, DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY DO NOT APPLY TO NEW JERSEY RESIDENTS.

 

16. CHOICE OF LAW AND JURISDICTION; ENFORCEABILITY

 

These Terms and the relationship between you and Valio shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of Delaware, in Wilmington, or the State of New York, County of New York. If any provision of these Terms 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 these Terms remain in full force and effect.