Main Terms of Use

 

Welcome to Midwest Vein Center (“MVC”). The following Terms of Use apply to your use of this website and the information and content available on www.midwestvein.com as well as your use of any interactive features on the website.

You can review our Privacy Policy by clicking here.

By visiting, accessing, reviewing and/or otherwise using our website, its information and content, and various interactive features you accept, without limitation or qualification, the following Terms of Use, which constitutes an Agreement between you and MVC. We may change these terms from time to time. Please read and review these Terms of Use carefully before using this website/app. If you do not agree to these Terms of Use, you may not access or use the website/app.

As used in these Terms of Use, “MVC” includes Midwest Vein Center, its subsidiaries/affiliated/contracted entities, employees, and contractors, including any entity that may render services related to MVC, and all of their subsidiary and affiliated entities and companies (including www.midwestvein.com). MVC may be referred to in these Terms of Use as “we,” “us,” “our” and “ourselves.” Users of this website/app may be referred to in these Terms of Use as “users,” “you” or “your.”

1. Acceptance Procedure

By accessing or using our website/app and/or registering with MVC, you agree with all of the terms and conditions of this Terms of Use. You agree to indemnify, defend and hold harmless MVC, and each of their managers, members, officers, directors, employees and agents, from and against all liabilities, losses, expenses, damages and costs (including attorneys’ fees), resulting from any violation by you of these Terms of Use.

We reserve the right, at our sole discretion, to change the terms and conditions of these Terms of Use from time to time, and your continued use of our website/app constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes.

2. Termination

MVC reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate your registration(s) with, or ability to access, interactive features on the website (e.g., live chat, bulletin board/forums) and/or any other service, content, digital products, products or events, provided to you by MVC, upon any breach by you of these Terms of Use or otherwise.

3. Modifications of the Website

MVC may modify or discontinue any feature or service of the website/app, or any portion thereof, with or without notice to you and without liability to you or any third party.

4. Not Professional Medical or Healthcare Advice

We may include a variety of information and content on our website/app, including articles, data, references, videos, interactive community tools and advertising. The information contained in MVC web sites: (i) are for general guidance on matters of interest only and will not be assimilated to or substituted for healthcare advice; and (ii) do not constitute an offer of or solicitation for the purchase of products or services. This website/app also contain general information relating to healthcare. Additionally, healthcare professionals may contribute such information and articles to the website/app.

ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE, AND IS NOT A SUBSTITUTE FOR, PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED PROFESSIONAL.

MVC DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON MVC’S WEBSITE/APP. THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS ON OR THROUGH THE WEBSITE/APP AND ITS FEATURES CONTRIBUTED OR OTHERWISE COMMUNICATED BY A PHYSICIAN OR ANY HEALTHCARE PROFESSIONAL IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A CLIENT RELATIONSHIP.

While we hope you find it helpful, you should not use the information contained herein for diagnosing a health problem, disease or condition or for selecting a specific course of action. Consumers should not rely on the information on this website/app as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For healthcare concerns and/or decision making, including decisions about medications, surgery and other courses of action, individuals should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. CONSUMERS WHO USE THE INFORMATION FROM THIS WEBSITE/APP DO SO AT THEIR OWN RISK.

WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO OUR WEBSITE/APP OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED THROUGH ITS FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. It is your responsibility to evaluate the information provided on the website/app. If you are a healthcare provider, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website/app with other sources before undertaking any course of action based on it. If you are a consumer, you should evaluate the information together with your physician and/or qualified healthcare professional.

The information presented is solely intended to demonstrate the breadth of the offerings of MVC. Services may not be available in all markets because availability is subject to the regulatory practices in individual markets or for other reasons. Please contact MVC if you have questions about the availability of MVC services in your area.

The Services provided by MVC are not intended to be a substitute for professional medical advice, diagnosis or treatment in any manner. Always seek the advice of your physician or other qualified health provider with any question you may have regarding any medical condition.

5. Where Our Services Are Rendered

You acknowledge, understand and agree that by seeking the services of MVC, you are:

  • Irrevocably agreeing that any services and these Terms of Use are provided, rendered, and entered into, in Illinois, and not in the state, territory or country where you are physically located. Further, you agree that you will not bring any action in the state where you are physically located, it being acknowledged that sole jurisdiction and venue are within the State of Illinois, and that you have no rights vis-à-vis MVC or its managers, members, officers, directors, employees or agents in your state, territory or country (provided that such State is not Illinois);
  • To the extent that the state where you are physically located attempts to assert jurisdiction over MVC or its managers, members, officers, directors, employees or agents, whether through its courts, state professional licensing board(s) or otherwise, you agree to cooperate with MVC, and otherwise use your best efforts, with respect to asserting the matters agreed to in this Section.

6. Use of Website

You may use the MVC website/app only in accordance with and subject to these Terms of Use and our Privacy Policy. You may not use this website/app for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MVC or others.

Notwithstanding any other rights or restrictions in these Terms of Use, you will not use this website to: (1) transmit via or through the website/app, any information, data, text, images, files, links, or software except in connection with your authorized use of this website/app or otherwise in response to specific requests for information by us; (2) violate any laws, third party rights, or MVC’s policies; (3) introduce to this website/app or any other computer or website/app viruses, worms, Trojan horses, and/or harmful code; (4) obtain unauthorized access to any computer system; (5) misrepresent the identity of a user of MVC or use a false email address; (6) tamper with or obtain access to this website/app or any element of the website; or (7) conduct fraudulent activities.

MVC will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person who violates these Terms of Use.

MVC is under no obligation to use unsolicited ideas for products or services. Please do not send any e-mail or in any way communicate ideas for new products or services. Any e-mail containing unsolicited ideas may be deleted from our system. By continuing to access this website/app, and by submitting e-mail or other communications to us, you agree that you will have no recourse against MVC for any alleged or actual infringement or misappropriation of any proprietary rights in your communications or ideas given to us (which we may use/own/register, world-wide, perpetually, royalty-free, in our sole and absolute discretion). Any information sent to MVC via this website/app will NOT be considered confidential.

7. Use at Own Risk; Limitation of Liability

YOUR USE OF MVC’S WEBSITE IS AT YOUR OWN AND SOLE RISK.

THIS WEBSITE/APP AND THE INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. MVC, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MVC, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO EITHER: (1) THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE’S INFORMATION, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR MVC; OR (2) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS, MEDICAL DEVICES, SPECIFIC MEDICAL TECHNOLOGY, MEDICAL TREATMENT OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE INFORMATION AND CONTENT CONTAINED ON THE WEBSITE.

IN NO EVENT WILL MVC OR THEIR SUBSIDIARIES OR AFFILIATES, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THIS WEBSITE/APP AND ITS FEATURES, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO ANY OMISSIONS, ERRORS OR INACCURACIES OF INFORMATION AND CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR THAT MAY RESULT FROM ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED THROUGH MVC. THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MVC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8. Links to Other Websites

MVC’s website/app may contain links to external websites/apps (owned and operated by third parties) that are neither the responsibility of nor under the control of MVC. Similarly, this website/app may be accessed from third-party links over which MVC has no control. MVC cannot attest to the accuracy, reliability, currentness, timeliness or completeness of the information on any other website/app – the information provided is entirely the responsibility of the operator of the external website/app visited and MVC has no liability for any losses, damages or injuries of any kind arising from such third party content or information. Further, MVC does not endorse any content or information on such websites/apps or any commercial products or services that might be advertised or sold on these external websites/apps. In the event that any external website/app relates to a medical related services and/or items – or any other product or service – a link to such third party website/app on MVC’s website/app does not constitute a referral or recommendation by MVC of the provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.

YOU ASSUME THE SOLE RISK OF ACCESSING SUCH WEBSITES/APPS AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD – PARTY PRODUCTS AND/OR SERVICES.

9. Sponsorships and Advertising

You understand that paid sponsorships and advertising may be used to supplement the information, content and materials available on MVC’s website. MVC is not responsible for the information, content, advertising, products, services or other materials made available by any third party that are advertised or otherwise distributed through the MVC website/app. MVC is not responsible for the content of any third-party sponsor’s or advertiser’s website to which MVC links. In all cases involving materials available on or otherwise distributed through the MVC website, the disclaimers, limitations of liability and other provisions of these Terms of Use will apply. With respect to any other content, products, goods or services available on any third-party website, under no circumstances will MVC be held responsible or liable, directly or indirectly, for any loss, injury or damage of any kind that is caused in connection with the use by you of, or reliance on, any such materials. You should direct any and all issues and concerns to such third party.

10. Electronic Communication

By submitting information through MVC’s website/app, you consent to receive email or telephonic or text or other communications from us. When you use MVC or send emails to MVC, you are communicating with MVC electronically. MVC will communicate with you by email, text, and other means. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

11. Health Privacy Laws: Use by Covered Entities to Send MVC Information is Strictly Prohibited

UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING BY MVC, BY AGREEING TO THESE TERMS OF USE AND USING MVC’S WEBSITE, ANY AND ALL INDIVIDUALS OR ENTITIES WHO OR WHICH ARE SUBJECT TO HEALTH PRIVACY STATUTES, REGULATIONS OR OTHER PRIVACY LAWS (E.G., “COVERED ENTITIES” UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), SET FORTH IN 45 C.F.R. PARTS 160 THROUGH 164), HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MVC STRICTLY PROHIBITS THEIR ENTRY OF “PROTECTED HEALTH INFORMATION” (PHI) INTO MVC’S WEBSITE, WHETHER OR NOT ON BEHALF OF ANY MVC USERS OR REGISTRANTS.

INDIVIDUALS OR ENTITIES SUBJECT TO SUCH HEALTH PRIVACY LAWS, AND ALL USERS OR REGISTRANTS FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MVC IS NOT A “BUSINESS ASSOCIATE” OF ANY SUCH PARTIES UNDER HIPAA, UNLESS SUCH RELATIONSHIP IS DOCUMENTED PURSUANT TO A SEPARATE WRITTEN BUSINESS AGREEMENT.

12. Copyright Ownership; Notification of Possible Copyright or Other Infringement

You acknowledge and agree that www.midwestvein.com consists of proprietary property of MVC which is protected under United States copyright law, trademark law and other laws of general applicability. You further agree that all right, title and interest in and to MVC and its website/app are and will remain with MVC.

MVC owns and/or licenses certain information and content on its website/app. All content on, as well as the design of, our website/app is protected under United States and international copyright laws. For information appearing on our website/app under license from a third party, all copyrights in that information remain with that third party. You must not remove any copyright notices from our materials. We reserve all of our ownership and other rights. You are prohibited from selling our copyrighted property, rewriting or modifying it, redistributing it, putting it on your own or other website/app, or using it in any other manner for any commercial purpose without our prior written permission.

You further acknowledge that: (i) MVC permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media, websites/apps and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the website/app is not protected by Rights rests with you. You acknowledge that MVC may acquire Rights to use any materials as described below, and that you will not acquire any of those Rights by downloading or copying such materials.

In the event you believe that material or content published on the website/app may infringe on your copyright, or that of another, please notify us immediately by providing detailed written notice of such possible infringement to the attention of MVC, by sending a detailed e-mail message (identifying the potentially infringing material with particularity, including the direct website link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material) to Privacy@MidWestVein.com or write to:

Midwest Vein Center

Subject: Copyright (or Other) Infringement

Attn: J. Gordon Wright, MD, Privacy Officer

2001 Butterfield Road, Suite #100

Downers Grove, IL, 60515

MVC does not permit copyright infringing activities and infringement of other intellectual property rights on its website/app, and MVC will remove all such content if properly notified that such content infringes on another’s intellectual property rights. MVC reserves the right to remove content without prior notice.

13. Trademarks and Other Rights

MVC owns the names we use for our products and services on our website/app, and these names are protected by United States and international trademark laws. All trademarks used on our website/app and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.

The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that MVC actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

MVC’s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. MVC reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of this Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of MVC’s products or processes.

14. Product Information/Labeling

This web site contains information about products that may or may not be available in any particular country or may be available under different trademarks in different countries. The products may be approved or cleared by governmental regulatory organizations for sale or use with different indications or restrictions in different countries. Products may not be approved for use in all countries. Nothing contained on this site should be construed as a promotion or solicitation for any product or for the use of any product in a particular way, which is not authorized under the laws and regulations of the country where the reader is located. Specific questions about the availability and use of the products described on this site should be directed to your local sales distributor.

15. Message Storage

MVC assumes no responsibility for the deletion of or failure to store user messages, submissions or e-mails.

16. Indemnification

You agree to indemnify and hold MVC, their subsidiaries, affiliates, and each of their managers, members, officers, directors, employees and agents harmless from any claim or demand made by any third party due to or arising out of your use of the website/app, the violation of these Terms of Use by you, or the infringement by you, or any other user of your registration (whether or not authorized), of any intellectual property or any other right of any person or entity.

17. Remedies for Breach of these Terms of Use by You

In the event that MVC determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the website, MVC reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to MVC) that you have violated these Terms of Use; (ii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities and agencies for further action; and/or (iii) take any other action which MVC deems to be appropriate.

18. Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBRITRATION OR ATTEMPTED IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND COMPANY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE DISPUTE RESOLUTION PROCEEDING.

19. Laws that Govern this Agreement

We operate MVC’s website/app from its offices within the State of Illinois in the United States of America. The website/app can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the website/app may differ, by accessing the website/app both you and MVC agree that the laws and regulations of the State of Illinois, without regard to choice of law or conflict of law principles, will apply to all matters relating to use of our website/app. Any legal action or proceeding related to this website/app will be brought exclusively in a federal or state court of competent jurisdiction sitting in Oakland County, Illinois.

This website/app and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website/app is accessible to users outside of the United States, the information on the website/app pertaining to MVC products or services is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. MVC makes no representation that materials on its website/app are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website/app from other locations do so on their own initiative and are responsible for compliance with local laws. MVC reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website/app is void where prohibited.

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision will be severable without affecting the enforceability of all remaining provisions.

Date last modified: May 29th, 2019

By tapping Accept, or by continuing to us the website, I acknowledge and agree to the above, and I am agreeing to conduct transactions electronically, and intend for my proceeding to be a binding electronic signature/contractual obligation, and certify that I have no questions and/or have had my questions answered in full.

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