Terms and Conditions of Use
PERMITTED USE. The MDR Website may be used for general informational purposes by current and/or prospective clients of MDR to obtain information and materials about MDR’s service offerings, MDR training events and webinars, or in connection with a contemplated engagement of MDR. Any such engagement shall be governed under a separate agreement. In connection with the permitted uses, you may download a reasonable number of files made available for download on the MDR Website.
RESTRICTIONS. The MDR Website may not be used to distribute or reproduce content on the MDR Website except as provided above; publish, sell, or modify any MDR Website content; use any content on the MDR Website for the benefit of any commercial enterprise or individual that offers services in any of the same areas as MDR, or for any other purpose that may be averse to MDR; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the MDR Website; delete, crop, or otherwise modify the MDR logo or name from copies of any materials from the MDR Website; copy or record any content on the MDR Website using automated programs, bots, software, or any other method of “scraping” content; use any “pinger,” bots, or automated link checker tool to communicate with the MDR Website; alter or interfere with the MDR Website’s code or the front-end appearance of the MDR Website; take any action that imposes an unreasonable or disproportionately large load on the MDR Website or related infrastructure; obtain or attempt to obtain unauthorized access to any of MDR’s networks, through any means; submit spam inquiries to our MDR Website contact forms, or use the MDR Website or any content herein for any purposes that are or may be harmful, infringing, defamatory, obscene, or illegal.
DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the MDR Website, you may provide MDR with additional content or information (a “Posting”). In connection with delivering and providing to MDR any such Posting, you hereby and automatically grant to MDR a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable 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 as necessary in connection with the MDR Website and MDR’s service obligations 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. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide MDR with reasonable proof thereof (if requested)) required for MDR to use such content or information in connection with MDR’s services and the MDR Website. Notwithstanding the foregoing, you acknowledge and agree that MDR shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the MDR Website in a timely or accurate manner. Moreover, MDR assumes no responsibility for the deletion of or failure to store any content or information.
PROPRIETARY RIGHTS. You expressly acknowledge and agree that MDR transfers no ownership or intellectual property interest or title in and to the MDR Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, 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 contained on or available through the MDR Website, unless otherwise indicated, are owned, controlled, and licensed by MDR and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, MDR does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the MDR Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that MDR does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of MDR’s trademarks.
Any downloadable or printable programs, directories, databases, information, or materials available through the MDR Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by MDR. The MDR Website, MDR, the MDR logo, and all other names, logos, and icons identifying MDR and its programs, products, and services are proprietary trademarks of MDR, and any use of such marks, including, without limitation, as domain names, without the express written permission of MDR is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
INFORMATION REQUESTS AND/OR FEEDBACK. MDR welcomes your requests for information and/or feedback about MDR’s products or services or the MDR Website. By transmitting any requests for information, feedback, material, or other content (collectively, “feedback“) to MDR, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to MDR and enable MDR to use such feedback. In addition, any feedback received through the MDR Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for MDR to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
LINKS TO OTHER SITES. MDR may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by MDR and are maintained by third parties over which MDR exercises no control. Accordingly, MDR expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
THIRD-PARTY PRODUCTS/SERVICES. MDR, in its sole discretion, may post the advertisements of third parties on the MDR Website and/or feature materials, programs, products, and services provided by third parties. MDR makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the MDR Website are solely between you and such third party. Accordingly, MDR expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the MDR Website, and you agree that MDR shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the MDR Website.
DISCLAIMER. WHILE MDR ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE MDR Website ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MDR IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE MDR Website. MOREOVER, MDR MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE MDR Website OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE MDR WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE MDR Website. MDR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE MDR Website FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. MDR ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE MDR Website WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY. You expressly absolve and release MDR from any claim of harm resulting from a cause beyond MDR’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL MDR BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MDR Website, WITH THE DELAY OR INABILITY TO USE THE MDR Website, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE MDR Website, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF MDR FOR ANY REASON WHATSOEVER RELATED TO USE OF THE MDR Website SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MDR IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the MDR Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. MDR reserves the right to view, monitor, and record activity on the MDR Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the MDR Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the MDR Website as well as to disclosures required by or under applicable law or related government agency actions. MDR will also comply with all court orders involving requests for such information. In addition to the foregoing, MDR reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the MDR Website, or any portion of the MDR Website, in order to protect the MDR Website, MDR, or MDR’s business.