Last updated on March 1, 2021.
- Your Data
- MedHub websites access and content
MedHub reserves the right to suspend, discontinue, delete, modify, or remove any Content or functionality offered in our Websites from time to time, without prior notice, without reason or liability, and/or to offer certain content or functionality only in various versions or in selected times, based on MedHub’s sole discretion. In addition, MedHub may in the future choose to charge users for certain content or functionality which currently may be available for free.
We attempt to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If any Content is inaccurately described, your sole remedy is to cease use of that Content and to notify us of the purported error.
- User account
- Prohibited activities
In using the Websites, Services or Content you agree to comply with all applicable laws. You agree that you will not send or post any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You agree not to send or post any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of “spam.” You agree not to attempt illegal or unauthorized entry into our computer systems or Websites, to attempt to access sensitive system information, to access or track the information of other users, or to use the Websites, Services or Content for any other illegal or unauthorized activity, including violating our copyrights, trademarkes or other intellectual property rights. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
- Intellectual property protections and license
Our Websites, Services and Content are owned by or licensed to MedHub, and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. MedHub reserves all rights in and to the Websites, Services and Content. You agree not to engage in the use, copying, downloading, distribution (including without limitation on any other website or networked computer environment), modification, display or performance of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites, Services, Content or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Websites, Services or Content.
All product, brand and company names and logos used on our Websites, Services or Content are the trademarks (including, but not limited to the registered trademarks, “MedHub” and “eValue”) of MedHub or used under license. Any use of any of the trademarks appearing on the Websites, Services or Content without the express written consent of the trademark owner is strictly prohibited. You may not use metatags or any other “hidden text” utilizing “MedHub” or “eValue” or any other trademark, service mark or product or service name of MedHub without our prior written permission. In addition, the look and feel of the Websites, including all page headers, custom graphics, button icons and scripts, is the property of MedHub and may not be copied, imitated or used, in whole or in part, without our prior written permission. 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 us.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of MedHub or any third party.
- Third-party links and content
Certain Websites, Services or Content may include links to third-party websites. Those sites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. We are not liable for the content or accuracy of third-party websites or the products or services offered on or through those websites. The inclusion of a link to third-party websites does not imply any approval or endorsement by or any affiliation with MedHub. If you access such websites, you do so solely at your own risk.
Certain Websites may host or co-host content owned by third parties (“Third Party Content”) who retain all rights therein. Such Third Party Content may be subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may be subject to additional or different terms and restrictions.
- Government use
MedHub’s Websites, Services and Content were developed using private funds and are “Commercial Items” as defined in 48 CFR §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” Consistent with 48 CFR §12.212 or 48 CFR §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the U.S. Government solely as Commercial Items and only with those restricted rights granted to all other end users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
- Disclaimer of warranties and limitation of liability
MEDHUB’S WEBSITES, SERVICES AND CONTENT ARE PROVIDED BY MEDHUB ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MEDHUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES, SERVICES OR CONTENT UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES, SERVICES AND CONTENT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MEDHUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEDHUB DOES NOT WARRANT THAT THE WEBSITES, SERVICES OR CONTENT, MEDHUB’S SERVERS, OR E-MAIL SENT FROM MEDHUB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL MEDHUB OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSEES, CONTRACTORS OR AGENTS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM THE USE OF THE WEBSITES, SERVICES OR CONTENT, WHETHER THE DAMAGES ARISE FROM USE, MISUSE, RELIANCE ON, OR INABILITY TO USE THE WEBSITES, SERVICES OR CONTENT, OR WHETHER THEY ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ANY OF WEBSITES, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MEDHUB WAS ADVISED OF OR OTHERWISE AWARE OF THE LIKELIHOOD OF SUCH DAMAGES.
IN NO EVENT, SHALL MEDHUB’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OF THE WEBSITES, SERVICES OR CONTENT IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO MEDHUB BY THE INJURED PARTY IN THE PRECEDING SIX MONTHS.
IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MEDHUB OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSEES, CONTRACTORS OR AGENTS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In addition, MedHub will not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, internet failure, computer equipment failures, telecommunication equipment failure, other equipment failure, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
Medhub reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MedHub’s defense of such claim. MedHub may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
You also agree to hold the MedHub Parties harmless in connection with any action taken by MedHub to protect its intellectual property, including, but not limited to, suspension or termination of your access to MedHub’s Websites, Services and Content.
- Applicable law
- Dispute resolution
- Class action waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Applicable language
- Changes and severability
You agree to receive communications from us electronically regarding your account, these Term of Use and the Websites, Services or Content, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not.
Our policy concerning changes to our or our is set forth therein.
- Communication with MedHub
You may contact MedHub at:
510 Marquette Avenue S., 3rd Floor
Minneapolis, MN 55402
Phone: 866.766.0625 – Ext 1
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Websites, Services or Content, please notify us by email at email@example.com or mail to:
Prior to July 31, 2021:
5 Wall Street, Burlington, MA 01803, Attn: Legal Department
After August 1, 2021:
25 Mall Road, Burlington, MA 01803, Attn: Legal Department
Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Websites the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.