Terms and Conditions Agreement
By accessing and using the website www.Intervoke.com, as well as any other associated features, content, web links, or 3D web applications (collectively referred to as the “media”) offered by Intervoke LLC. ("IV") and its business partners, you indicate your consent to be bound by the terms and conditions outlined in this Agreement. If you do not agree to all of these terms and conditions, you do not have the right to use the website or its services.
This Terms of Services Agreement (“Agreement”) sets forth the legally binding terms and conditions governing the use of these (“Services”) offered by IV through its website www.Intervoke.com and their related features, content, websites or applications (collectively, the “Sites”). By accessing the Sites and using the Services, you (“User” or “you”) acknowledge and agree to the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you are not authorized to use the Sites or Services.
The Sites are the property of IV, a Colorado company, and are intended for informational purposes only. They are not intended to be used for diagnostic, clinical, or decision-making purposes. This Agreement applies to all users of the Sites and Services, including users who may have contributed to the content development, information, and other materials or services on the Sites. The provision of Services by IV is expressly conditioned upon your assent to all the terms and conditions of this Agreement. If these terms and conditions are considered an offer by IV, acceptance is expressly limited to these terms.
This Terms of Services Agreement (“Agreement”) sets forth the legally binding terms and conditions governing the use of these (“Services”) offered by IV through its website www.Intervoke.com and their related features, content, websites or applications (collectively, the “Sites”). By accessing the Sites and using the Services, you (“User” or “you”) acknowledge and agree to the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you are not authorized to use the Sites or Services.
The purpose of this Site, which is owned and operated by IV, a company based in Colorado offers 3D Medical Animation, 3D Human Anatomy, Software Based Interactive Healthcare Applications, and Immersive Web Applications to educate health care professionals using custom content (referred to as the “Services”). It is important to note that the Sites are not intended for use in diagnostic, clinical, or decision-making capacities. This Agreement governs all users of the Sites and Services, including those who contribute content, information, and other materials or services to the Sites. As a User accessing the Sites, you are subject to the following terms and conditions:
WE PROVIDE NO MEDICAL ADVICE.
IV is not a healthcare provider and does not provide medical advice. The information provided on the Sites or Services is not a substitute for professional medical advice, diagnosis, or treatment. The Services are not intended to be used by clinicians in making treatment decisions. You are encouraged to seek professional medical diagnosis and treatment for any medical condition and to discuss information from the Sites and Services with your healthcare provider. Information provided on the Sites and Services is for informational purposes only and does not constitute medical advice. You acknowledge that anything stated or posted on the Sites or available through any Services should not be relied upon as the practice of medicine, the provision of medical care, or a tool relied on by clinicians. If you choose to rely on the information provided by the Sites or Services, you do so solely at your own risk.
This Agreement does not create, between you and IV, a business associate relationship, as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and regulations promulgated thereunder by the U.S. Department of Health and Human Services. Therefore, you must not disclose to IV any information which may constitute Protected Health Information as defined in the Privacy Rule associated with HIPAA. You represent and warrant that you will not disclose any such information in your possession to IV through your use of the Sites and Services.
TERMS OF ACCESS
Subject to the terms and conditions of this Agreement, IV may provide Services to you. The Services may include any services IV provides, as well as any materials displayed or performed on the Sites or Services. IV reserves the right to change, suspend or discontinue the Services or any Content for any reason at any time and may impose limits on certain features and services or restrict your access to the Services without notice or liability. IV may modify this Agreement or Content at its discretion, and you are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following any notification constitutes your acceptance of the modified terms and conditions of this Agreement.
You certify to IV that if you are an individual, you are at least 18 years of age and legally permitted to use the Services and access the Sites. You are solely responsible for selecting and using the Services and accessing the Sites. The right to access the Sites and use the Services is revoked in jurisdictions where prohibited by law.
THIRD-PARTY WEB CONTENT
Third-party websites may enable users to access third-party sites on the Internet via hypertext, embedded links, or other computer links on the Sites. These third-party sites are not under the supervision or control of IV. IV does not represent or warrant any third-party site linked to the Sites, nor does it endorse any of the products or services offered on such site unless explicitly stated otherwise. IV disclaims all responsibility and liability for content on third-party websites and any representation or warranty with regards to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party and the functionality of third-party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Sites or IV with respect to such third-party sites and content.
DISCLAIMER OF WARRANTY
IV and its Business Partners do not have any special relationship or fiduciary duty to you. You acknowledge that neither IV nor its Business Partners have any control over and have no duty to take any action regarding: which users access the Sites or Services, what content you access through the Sites or Services, what affects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release IV and its Business Partners from all liability for the content accessed through the Sites or Services. The Sites or Services may contain or direct you to sites containing information that some people may find offensive or inappropriate. IV and its Business Partners make no representations concerning any content contained in or accessed through the Sites or Services, and IV and its Business Partners will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of materials contained in or accessed through the Sites.
The services, sites, content, and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, title, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the fullest extent allowed by law, IV and its Business Partners disclaim any liability or responsibility for the accuracy, reliability, availability, completeness, legality, or operability of the material or services provided on the Sites or through the Services. By using the Sites or Services, you acknowledge that IV and its Business Partners are not responsible or liable for any harm resulting from the use of the Sites or Services, downloading information contained on the Sites or Services, unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by users, the temporary or permanent inability to access or retrieve any user content from the Sites or Services, including, without limitation, harm caused by viruses, worms, Trojan horses, or any similar contamination or destructive program, content posted in any forum or community area of the Sites or Services, or unauthorized disclosure of images, information, or data that results from the upload, download or storage of posted content.
INDEMNIFICATIONS
You shall indemnify and keep IV, its business partners, and all of their directors, officers, employees, agents, and representatives harmless, including with respect to costs and attorneys’ fees, from any claim or demand made by any third party arising out of or relating to your access to the Sites or use of the Services, your violation of this Agreement, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or any other right of any person or entity.
LIABILITY
Under no circumstances shall IV, its business partners, or any of their directors, officers, shareholders, employees, members, agents, and representatives be liable for any indirect, incidental, punitive, or consequential damages. This includes damages for loss of use, profits, data, images, user content, or other intangibles, as well as damages related to downloading or posting content, unauthorized use, non-performance of the sites, errors, or omissions. In some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed, so the above limitations and exclusions may not apply to you.
TERMINATION OF SERVICES
Either party may terminate the Services at any time by notifying the other party through any means. IV reserves the right to terminate or suspend any and all services and access to your account and the sites immediately and without liability if you breach any of the terms or conditions set forth in this Agreement. Any fees paid under this Agreement are non-refundable. Upon termination, you will no longer have the right to use the Services or access the Sites, and all content shall be removed immediately. Certain provisions of this Agreement will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.
OUR PRIVACY POLICY
Please review our Privacy Policy, which governs the use of personal information by IV and to which you agree to be bound as a user of the Sites and Services.
DISPUTE RESOLUTIONS
A printed version of this Agreement and any notice given in electronic form shall be considered admissible in judicial or administrative proceedings related to this Agreement, to the same extent and under the same conditions as other business documents and records that were originally generated and maintained in printed form. Both you and IV agree that any cause of action arising from or relating to the Sites or Services must be initiated within one (1) year after the cause of action arose. Otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or related to the subject matter of this Agreement shall be ultimately resolved through arbitration in Colorado. The prevailing party in the arbitration shall be entitled to reimbursement of its reasonable expenses, including reasonable attorneys’ fees, expert witness fees, and all other relevant expenses, incurred in connection with the arbitration. For all purposes of this Agreement, the parties agree to the exclusive jurisdiction and venue of the United States Federal Courts located in Colorado, Colorado. The use of the Sites and Services is not authorized in any jurisdiction that does not uphold all provisions of this Agreement, including this section.
ARTIFICIAL INTELLIGENCE
We prohibit the use of Generative AI Programs to Collect, aggregate, mine, scrape, or otherwise use NoAI Content in datasets utilized by Generative AI Programs, in the development of Generative AI Programs, or as inputs to Generative AI Programs.For purposes of this Agreement, "Generative AI Programs" means artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content. You shall not collect, aggregate, mine, scrape, or otherwise use NoAI Content in datasets utilized by Generative AI Programs, in the development of Generative AI Programs, or as inputs to Generative AI Programs.
OUR COPYRIGHT POLICY
Here is the general policy adopted regarding copyright infringement in accordance with the Digital Millennium Copyright Act and other applicable laws. The e-mail address of IV’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is IV’s policy to block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and remove and discontinue service to repeat offenders. If you believe that content residing on or accessible through IV’s Sites or Services infringes a copyright, please send a notice of copyright infringement by e-mail to Hello@Intervoke.com containing the information below.
An individual authorized by the copyright owner must provide a physical or electronic signature as evidence to act on behalf of the copyright owner in cases of alleged copyright infringement. The notifier should identify the specific works or materials that are being infringed upon. Moreover, the notifier should provide detailed information about the location of the allegedly infringing content, enabling IV to locate and verify its existence.
The notifier must also provide contact information, including their address, telephone number, and, if available, e-mail address. Additionally, the notifier should include a statement expressing their sincere belief that the content in question is not authorized by the copyright owner, its agent, or the law. The notifier is required to make a statement, under penalty of perjury, affirming the accuracy of the information provided and their authority to file the complaint on behalf of the copyright owner.
In the event that IV notifies said User that IV has received proper infringement notification about User’s Content, User may elect to send IV a counter-notice.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf.
Upon receiving a valid infringement notification through our Designated Agent, IV diligently adheres to a protocol of swiftly eliminating or restricting access to any content found to be infringing. In addition, IV promptly informs the respective content provider or User about this action while also cautioning them about the consequences they may face if they persistently violate copyright laws. It is important to note that IV retains the prerogative to revoke access to our sites and services for those content providers or users who repeatedly engage in copyright infringement.
The specific web addresses or content that IV has removed or disabled access to.
User’s personal information including name, address, phone number, and e-mail address.
The User acknowledges and agrees to the jurisdiction of the Federal District Court located in Colorado, should their address be outside of the United States. Users also consent to accept legal documents from the person who reported the copyright infringement or their representative.
User attests, under penalty of perjury, that they sincerely believe the material was mistakenly or inaccurately removed or disabled. Include the User’s signature. Upon receipt of the User’s counter-notification, we will forward it to the original party claiming the copyright. It’s important to note that by submitting a counter-notification, the User consents to the disclosure of their personal information to the claimant. We will only disclose the counter-notification to the original claimant and no other party.
Once the counter-notification has been sent, the claimant has ten (10) days to inform us if they have initiated legal action to restrain the User from engaging in any infringing activity related to the material on IV. We will refrain from displaying, distributing, or otherwise using the material if we receive such notification. In the absence of such information, we may choose to proceed accordingly.
Last Updated: November 21nd, 2023 © 2023 Intervoke LLC. All rights reserved.
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