Terms of Use

 

Terms of Use

ATTENTION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING WWW.SURGEO.COM (“SURGEO.COM” OR THE “SITE”).  THE SITE IS OWNED AND OPERATED BY ALLEVION, INC.  (“ALLEVION”, “COMPANY”, “WE”, “US”, “OUR”).  THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING USERS WHO ONLY VISIT THE SITE AND USERS WHO REGISTER TO RECEIVE SERVICES FROM THE SITE (“USER(S)”, “YOU”, “YOUR”).  THESE TERMS OF USE CONSTITUTE AN AGREEMENT BETWEEN YOU AND ALLEVION (“AGREEMENT”).

USE OF THIS SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TERMS OF USE AGREEMENT.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER.  PLEASE READ THEM CAREFULLY BECAUSE THEY AFFECT YOUR RIGHTS.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AS PROVIDED BELOW.

1. Changes to the Terms of Use

We may change these Terms of Use from time to time in our sole discretion without notice to you.  When we do, we will post the change(s) on the Site.   By continuing to access or use the Site or any content after those changes have been posted, you agree to be bound by the revised Terms of Use.

2. Ownership and License

All text, graphics, sound files, video files, user interfaces, visual interfaces, photographs, artwork, computer code (including html code), programs, software, products, information and documentation as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of any content, information, or materials contained on or available through the Site, unless otherwise indicated, are owned, controlled and licensed by Allevion and are protected by law, including United States copyright, trade secret, patent and trademark law, as well as other state, national and international laws and regulations.

These Terms of Use provide to you a personal, revocable, limited, non-exclusive, and non-transferable license to access and use the Site for personal, non-commercial purposes conditioned on your continued compliance with these Terms of Use.  Allevion does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.

Except as expressly provided herein, none of the material provided on this Site may be copied, distributed, republished, reproduced, downloaded, stored, displayed, modified, marketed, leased, sold, licensed, sublicensed, transmitted, or commercially exploited in any form for commercial use without the prior written permission of Allevion.  In addition, you may not translate, decompile, create any derivative work(s) of, disassemble, remove, or alter any proprietary notices or labels, transfer, mirror, or frame the Site or any content therein in any manner not expressly permitted by these Terms of Use.

Individual visitors of this Site are permitted to download or print one copy of material published on this Site solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials.  This permission terminates automatically if you breach any of the terms and conditions contained herein.  Allevion does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret laws.

The trademarks, logos, and service marks (collectively referred to as “Trademark(s)”) displayed on this Site are registered and unregistered Trademarks of Allevion and no trademark license either express or implied is granted by Allevion.  You do not have any right to use any Trademark displayed on this Site without prior written permission of Allevion.

Any software that is available for download from this Site is the copyrighted property of Allevion and/or its suppliers. Any use or reproductions of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Site, if any, is governed by the terms of the agreement applicable to that product or service.

3. Access and Use of the Site

This Site provides information about and tools to help you choose from and access surgery packages and related services. In order to provide accurate services to customers who use and/or register to use our Site, we require that you provide true and complete information during the consultation and/or registration process and any subsequent submissions of information.  It is your responsibility to update your information or otherwise notify us of any changes to your information that could impact the services provided via the Site.

THIS SITE IS NOT INTENDED FOR DIAGNOSIS, TREATMENT, OR USE IN THE EVENT OF A MEDICAL EMERGENCY OR OTHER URGENT HEALTHCARE SITUATION.  IF YOU THINK YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY, SEEK HELP IMMEDIATELY BY CALLING YOUR DOCTOR OR 911.

Access to the Site may be monitored by Allevion.  If you are accessing this Site as a representative of an organization, these Terms of Use bind both you individually and the organization, and references to “you” and “your” shall be construed to apply to you individually and to the organization.

As a condition of your use of this Site, you will not use the Site or the Site information for any purpose that is unlawful or prohibited by these Terms of Use.  In addition, you may not:

  • attempt to gain unauthorized access to any Site information or any portion, feature, or area of the Site, including the account of any other user(s), or any other systems or networks connected to the Site or to any Allevion server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other means;
  • probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Allevion’s systems or networks or any systems or networks connected to the Site;
  • use any device, software, or routine to interfere with, damage, disable, overload, or impair the proper working of the Site or with any other person’s use of the Site;
  • forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or information you send on or through the Site;
  • use the Site to harvest or collect phone numbers, email addresses, or other contact or personal information; or
  • use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Allevion.

Certain restricted information may be available on this Site only to customers of Allevion that are registered to receive information via passwords issued by Allevion.  This restricted information is considered confidential and proprietary information of Allevion.  If you are a registered customer or a representative of a registered customer, Allevion authorizes you to download, copy, distribute, and use the restricted information on behalf of the registered customer and only for the intended purposes authorized by Allevion.  You shall not transfer your password to unauthorized parties.  You will immediately notify Allevion of any unauthorized use of your password.  You are responsible for use of your password.

You may link to the Site home page, but are not authorized to link to any other page on the Site without the prior express written consent of Allevion, provided that Allevion reserves the right to withdraw this consent at any time in its discretion.  You may not use any of Allevion’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links.  You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Allevion or Surgeo.com; 2) cause confusion, mistake, or deception; 3) dilute Allevion’s trademarks, service marks, or trade names; or 4) otherwise violate applicable law.

Site information may refer to products, programs, or services that are not available in your jurisdiction.  Consult the Site for information about the products, programs and services that may be available to you.

The Site is not intended for persons under 13 years of age, so you may not access or use the Site or any content therein if you are under 13 years of age.  If you are at least 13 years of age but less than 18 years of age, you may only use the Site with legal parental or guardian consent.  You agree and represent that you are at least 18 years of age or older or possess legal parental or guardian consent and are fully able and competent to enter into and comply with the terms, conditions, representations, and warranties set forth in these Terms of Use.  If you do not meet these qualifications, you are not authorized to access or use the Site.

4. Postings

The Site may contain blogs, message boards, forums, comment areas, ratings, and other interactive features where users can share and display materials, information, and commentary (“Posting(s)”).  You agree that you will not post, transmit, or discuss any of the following on or through the Site or its Postings:

  • anything that interferes with or disrupts the Site or the operation of the Site;
  • statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others;
  • unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
  • statements or material that violate any contractual or fiduciary rights, duties or agreements;
  • statements or material that is bigoted, hateful, or racially offensive;
  • statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
  • statements, images, or other material that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
  • statements or material that harm minors;
  • statements or material that impersonate any other person or entity, whether actual or fictitious, including employees and representatives of Allevion;
  • statements or material that misrepresent your affiliation with any entity and/or Allevion;
  • anything that violates the privacy or publicity rights of any other person, including displaying any personal identifying information of another individual;
  • statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials; or
  • files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.

You represent that you have all necessary rights, consents, or permissions to make any Posting.  You also acknowledge that all Postings are non-confidential and that Allevion has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed.  In connection with making any Posting, you hereby and automatically grant to Allevion a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit and otherwise use any such content or information for any purpose in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information.  Allevion assumes no responsibility for the deletion of or failure to store any Posting, content, or information.  Allevion is not a publisher of any Posting and is merely functioning as an intermediary to enable you to provide and display a Posting.

Allevion is not responsible for screening, policing, editing, or monitoring your or another user’s Postings.  Allevion does not endorse or oppose any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of, any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user.  Nevertheless, Allevion reserves the right to delete or take other action with respect to Postings (or parts thereof) that Allevion believes in good faith violate these Terms of Use, are (or potentially are) unlawful or harmful to Allevion or its products, services and goodwill, or for any other reason in Allevion’s sole discretion.  If you violate these Terms of Use, Allevion may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your access or use of the Site.

You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials through the Site, including, but not limited to, when you provide information via an online form or via email.

5. Use of the Internet

You are responsible for any costs you incur to access the Internet or the Site.  You acknowledge and agree that use of the Internet and access to or transmission or communication with the Site is solely at your own risk.  While Allevion has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to or from the Site over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, Allevion is not responsible for the security of any information transmitted to or from the Site.

6. Third Party Information

Certain information available on this Site is provided by other parties, particularly information about such other parties and links to third party content.  You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials are the sole responsibility of the originating party and that Allevion has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party, or a Web link to another party’s website an endorsement of such other party, their products, or their services.

7. Third Party Providers

Allevion, in its sole discretion, may post the advertisements or listings of third parties on the Site and/or feature materials and services provided by and/or links to web sites produced by third parties, including surgeons, other health care providers, credit agencies, lending agencies, insurance carriers, insurance brokers, payment enablers, and others.  Allevion makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials and services.  Your correspondence or any other dealings with third parties found on the Site are solely between you and such third parties.  Accordingly, Allevion expressly disclaims any responsibility or liability for all third-party provided materials and services contained on or accessed through the Site, and you agree that Allevion will not be responsible for any loss or damage of any sort incurred as a result of any such dealings with or as the result of the presence of such third parties on the Site.

8. Submission of Ideas Policy ("Submission Policy")

Allevion and its employees are in constant development of new products, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names.  You acknowledge that by submitting your idea to Allevion that Allevion is in no way responsible to review or investigate your submission.  You further acknowledge that you and Allevion may have overlapping ideas.  In order to avoid any misunderstanding as to ownership, priority, or rights to any particular idea, you agree that any submission to Allevion will be treated as non-confidential and non-proprietary, will automatically become Allevion’s property, and may be used by Allevion and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services.  Allevion shall be free to publish, use, modify, publicly perform, publicly display, reproduce, and distribute any submission on and through the Site and any and all other media for any purpose whatsoever without restriction or compensation.  You further agree to hold Allevion harmless and not bring any legal action against Allevion for any products Allevion designs, develops, makes, sells, or markets, even if your submitted idea was similar.

9. Feeback

Allevion welcomes user feedback regarding its business, products, and services.  In providing feedback, however, users should be mindful of Allevion’s Submission Policy, set forth in these Terms of Use.  If you want to send us your feedback, please provide only specific feedback on Allevion’s existing products, services, promotions, or business.  Do not include any submissions that Allevion’s Terms of Use will not permit Allevion to consider.  All feedback shall be deemed non-confidential, non-proprietary, and Allevion shall be free to use such feedback on an unrestricted basis.  Your submission of feedback shall give Allevion permission to use you name, photograph, likeness, statements, biographical information, voice, and address in all forms of media, in perpetuity, without notice or further compensation.

10. Giveaway Rules

Allevion may run contests, sweepstakes, or giveaways (collectively “Giveaway(s)”) of various types from time to time.  Such Giveaways may be promoted or described on this Site, or may include use of the Site as part of the operation of the Giveaway.  All such Giveaways are subject to the complete and official rules of the Giveaway even if those rules are not found on this Site, and are void where prohibited, taxed, or regulated.  Mention of such a Giveaway on this Site is not an offer to participate in the Giveaway, and does not trigger any obligation to participate or change the odds of winning in any way.  Unless otherwise stated on the Site, the following rules govern any prizes given away on the Site:

  • The prize giveaway is sponsored and administered by the party sponsoring the Giveaway.
  • Prizes to be given away will be announced as part of the promotional materials related to the Giveaway.
  • Prize winners will be selected randomly (or as described during the Giveaway) and announced as set forth in the promotional materials related to the Giveaway.
  • You must be at least 18 years old and a U.S. resident to participate in the Giveaway.  Prizes may be limited to one prize per individual per Giveaway.
  • The sponsor may substitute any prize for another prize of equal or greater value.  Prizes are not transferable or redeemable for cash.
  • The odds of winning will depend on the number of people participating in the Giveaway.
  • You agree to be bound by and comply with these rules and all decisions regarding the Giveaway, which are final and binding.
  • Winners are responsible for any applicable taxes.
  • Neither Allevion nor the sponsor of the Giveaway are responsible or liable for any Internet or electronic malfunctions, for any claims or losses related to use of a prize or participation in the Giveaway, or any non-delivery or dissatisfaction with a prize.
  • The Giveaway may be modified or terminated at any time and for any reason.
  • Void where prohibited.  Subject to federal, state and local laws.
  • If the Giveaway was communicated via Facebook or other websites, then please note that the Giveaway is not sponsored, endorsed, or administered by, or associated with Facebook or the other websites.  You agree to release Allevion, Facebook, and any other websites that communicated the Giveaway from any and all responsibility or liability in connection with the Giveaway.

Submission of a user’s name, photograph, likeness, statements, biographical information, voice and address (city and state) as part of any Giveaway shall give Allevion permission to use such information in all forms of media, in perpetuity, without notice or further compensation.

11. Coupons and Promotional Codes

Allevion may allow consumers to use coupons, promotional codes, or run sales (“Promotions”) in connection with the Site.  All Promotions are subject to all of the rules and regulations stated therewith and on the portions of the Site relating thereto, and all Promotions are void where taxed, regulated, or restricted.  No coupons, promotional codes, or other redeemable instrument may be transferred or reproduced in any way.  Attempts to circumvent or violate the limitations on any Promotion voids the coupon, promotional code, redeemable instrument, or offer contained therein.

12. Disclaimer and Limitation of Liability

Without limiting the foregoing, everything on the Site is provided to you AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.  ADDITIONALLY, WE DO NOT WARRANT THAT THE SITE OR THE SERVERS MAKING THE SITE AVAILABLE ARE VIRUS FREE.

It is up to you to take precautions to ensure that your method of accessing the Site for your use is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature.  We do not warrant that access to the Site or use of the Site will be uninterrupted or error free or that defects will be corrected.  Released Parties, as defined below, do not warrant or make any representations regarding the use or the result of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise.

Neither Allevion nor any of its related companies, affiliates, or suppliers, or its or their officers, directors, employees, agents, representatives, or subcontractors (“Released Parties”), shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes beyond the reasonable control of Allevion.  Allevion shall have no responsibility to provide access to this Site while the interruption of this Site due to any such cause shall continue.  Allevion may discontinue providing access to this Site at any time.

Released Parties make no representations or promises to develop, provide, or market any software, service, or product discussed on this Site, and you shall not rely on the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.

You may be charged a fee associated with certain services provided via the Site.  You understand and agree that the entire cost of services provided via the Site is your personal financial responsibility.  Allevion makes no representation regarding coverage, reimbursement, or other payment of these or other fees by Medicaid, Medicare, Tricare, managed care plans, health insurance carriers, employers, unions, third-party administrators, governments, advocacy groups, or any other third party.

IN NO EVENT WILL ANY MEMBER OF RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, LOST REVENUE, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THE SITE OR ANY SITE LINKED TO THE SITE.  WITHOUT LIMITING THE FOREGOING, NO MEMBER OF RELEASED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS SITE OR ANY SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LAW OR CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY.  ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You agree to release, defend, indemnify, and hold Released Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in any way connected with your access to or use of this Site or any Site information, or breach of these Terms of Use.

14. Export and Trade Controls

You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your access and use of the Site.  Allevion makes no representation that the Site is appropriate or available for use in any particular location, and access to the Site from states, territories, or nations where any aspect of the Site is illegal is prohibited.  You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site.  You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Site or any content therein except in full compliance with all United States, foreign, and other applicable laws and regulations.  You agree to assume all responsibility related to or in connection with your access or use of the Site.

15. Restricted Rights Legend

U.S. GOVERNMENT RESTRICTED RIGHTS.  UNPUBLISHED -- RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.  Use, duplication, or disclosure by the U.S.  Government of any Site information (all technical data is “Limited Rights Data”) or any Site software (all of which is “Commercial Computer Software”) downloaded from this Site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52.227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time.  Contractor/Manufacturer is Allevion.  Any contract notices should be sent to Allevion.

16. Jurisdiction

Allevion controls and operates this Site from Florida in the United States of America.  These Terms of Use, and the Agreement they create, shall be governed by and interpreted according to the laws of the State of Florida.  You agree that any and all disputes, claims, and causes of action arising out of or connected with this Site or any Giveaway shall be resolved individually, without resort to any form of class action.  Agreement to the Terms of Use shall be deemed to have been executed in Aventura, Florida.  Unless expressly stated otherwise, you consent to the personal jurisdiction and venue of the courts in Florida, expressly waive any objection to such jurisdiction and venue, and further consent that any process, notice of motion, or other application to such courts or a judge thereof may be served outside the State of Florida by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed.

17. Termination

These Terms of Use will take effect as soon as you access or use the Site and will remain effective unless and until terminated by either you or Allevion.  You may terminate these Terms of Use at any time and for any reason by deactivating your account, if applicable, and by discontinuing any further access or use of the Site or any content from or related to the Site.  In addition, by providing material on the Site, Allevion does not in any way promise that the materials will remain available to you.  Allevion is entitled to terminate all or part of any of its Site at any time, without notice to you.

Allevion may terminate these Terms of Use at any time and for any reason and may do so immediately without notice.  In addition, Allevion reserves the right at any time and for any reason, including any actions or omissions by you that violate any term or condition of these Terms of Use, to terminate, suspend, or deny your access to or use of the Site (or any portion of the Site) or any content associated with the Site.

The terms and conditions that by their nature should survive will survive termination of these Terms of Use for any reason, including the following provisions: 2, 8, 9, 10, 11, 12, 13, 16, 18, 19, 20, and 26.

18. Copyright Policy

Allevion prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner.  In particular, if you are a copyright owner or an agent thereof and believe that any submission of information on this Site or other content infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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 at the Site;
  • identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement that you have 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
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement can be reached at [email protected].  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at [email protected].  You acknowledge that if you fail to comply with all of the requirements of this Section 18, your DMCA notice may not be valid.

If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material; and
  • our name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Ft. Lauderdale, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

19. Notice and Procedure for Claims of Intellectual Property Infringement

These Terms of Use prohibit users from violating another party’s intellectual property rights.  For copyright claims, intellectual property owners should follow the terms related to removal of copyrighted material as set forth above.  For other intellectual property violations, rights holders may submit a valid notice of intellectual property infringement to Allevion via email at [email protected].  A valid notice of infringement must identify the following:

  • identification of the work claimed to have been infringed (e.g., trademark registration);
  • identification of the material that is claimed to be infringing together with information sufficient to locate the allegedly infringing material on the Site;
  • your contact information, including your address, telephone number, and a valid email address; and
  • a statement by you that you have a good faith belief that use of the material is not authorized.

You may also contact us by mail at Allevion, Inc., 20900 NE 30th Street, Suite 207, Aventura, FL 33180, USA.

By submitting a valid notice of infringement, you agree that we may provide your request to the user who posted the material addressed in your notice.  Upon receipt of a valid notice of intellectual property infringement, Allevion may remove or disable access to the allegedly infringing content in its sole discretion.  Allevion may terminate the accounts of repeat infringers under appropriate circumstances.

20. DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER, VENUE, WAIVER OF JURY TRIAL, ETC.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

  • a. Pre-Arbitration Claim Resolution. We always prefer to resolve issues with you as quickly and efficiently as possible.  Before initiating any arbitration or other proceeding, you agree to first discuss the matter with Allevion informally.  To do so, please send your full name, address and contact information, a description of your concern, and your proposed solution to us via mail at Attention: Allevion, Inc., 20900 NE 30th Street, Suite 207, Aventura, FL 33180, USA.  If Allevion does not resolve your concern within 45 days after it receives your written notification, then you may pursue your matter in arbitration.  You may pursue your matter in court only under the circumstances described in this Section.
  • b. Arbitration. You agree that any claim, dispute, controversy or cause of action that you may have against Allevion and its affiliates and all of their respective employees, agents, directors, officers, members, shareholders, attorneys, successors and assigns arising from or relating to these Terms of Use, access or use of the Site, delay or inability to use the Site, any content, postings, information, services, programs, products, and materials available on or through the Site, or any other matter concerning your relationship with us (a “Claim”) must be resolved through binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association, except as set forth in this Section.  All arbitrator decisions are final and binding and may be enforced in any court of competent jurisdiction.  Because the Site and these Terms of Use concern interstate commerce, all Claims and this arbitration agreement will be governed by the Federal Arbitration Act, and not by any state law concerning arbitration.  Each party will bear the expense of that party’s attorneys, experts, witnesses, and other fees and expenses regardless of which party prevails.
  • c. Small Claims Court. Instead of using arbitration, you may pursue a Claim in small claims court as long as (i) the Claim is subject to the rules of small claims court; (ii) the Claim remains in that court, and (iii) the Claim is made solely on your behalf and on an individual basis.  If the Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
  • d. Right to Opt Out of Arbitration. You may opt out of the arbitration provision in Section 16(b) by providing us with a written notice within 30 days following the date that these Terms of Use first become applicable to you.  The notice must be sent via mail to Attention: Allevion, Inc., 20900 NE 30th Street, Suite 207, Aventura, FL 33180, USA and must include your full name, your address and contact information, and a clear statement that you do not wish to resolve Claims against us through arbitration.  Any opt-out request received after the 30 day deadline will not be valid and you must pursue your Claim in small claims court or arbitration.
  • e. Waiver of Class Action. YOU AGREE TO ARBITRATE OR LITIGATE (IF APPLICABLE) ANY CLAIM ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS.  AS SUCH, YOUR CLAIMS MAY NOT BE JOINED WITH ANY OTHER CLAIMS AND NO DISPUTE MAY BE ARBITRATED OR LITIGATED (IF APPLICABLE) ON A CLASS ACTION BASIS OR BROUGHT BY A PURPORTED CLASS REPRESENTATIVE.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, THE PARTIES AGREE THAT NO CLASS ACTION WILL BE ARBITRATED.
  • f. Time Limit for Making Claims. Any Claim you might have against Allevion must be brought within one year after the Claim arose, or such Claim is barred.
  • g. Waiver of Jury Trial. YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO A JURY TRIAL.

21. Privacy Policy

See Allevion’s Privacy Policy, which is incorporated in the Terms of Use, relating to the collection and use of information through this Site.

22. Customer Agreement

See Allevion’s Customer Agreement, which is incorporated in the Terms of Use, relating to the relationship between customers and Allevion, Inc.

23. Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Allevion as a result of these Terms of Use or your access or use of the Site.

24. Entire Agreement

These Terms of Use shall constitute the entire agreement (including the Privacy Policy and Customer Agreement set forth herein) between you and Allevion regarding the use of the Site.  The failure of Allevion to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

25. Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

26. Waiver

Failure by Allevion to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver by Allevion of that or any subsequent default or failure of performance.

27. No Assignment

These Terms of Use are for the benefit of you and Allevion, as well as Allevion’s affiliates, successors, and assigns.  Accordingly, these Terms of Use are personal to you, and you may not assign your rights or obligations to any other person or entity without Allevion’s prior written consent.

28. Equitable Relief

You acknowledge that any actual or threatened breach of these Terms of Use will cause irreparable injury to Allevion, such injury would not be quantifiable in monetary damages, and Allevion would not have an adequate remedy at law.  You therefore agree that Allevion is entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any actual or threatened breach of your obligations under any provision of these Terms of Use.  Accordingly, you hereby waive any requirement that Allevion post any bond or other security if any injunctive or equitable relief is sought by or awarded to Allevion to enforce any provision of these Terms of Use.