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Terms of Use and Privacy Policy

These Terms of Use are between you ("you" or "your") and 4MedPlus, Corporation and related entities ("we", "us" or "4MedPlus") and govern your use of 4MedPlus's website(s). Please read these Terms of Use carefully before using any 4MedPlus website(s). If you do not agree to these Terms of Use, please do not use 4MedPlus. YOU AGREE AND ACKNOWLEGE THAT BY USING AN 4MEDPLUS WEBSITE(S) OR PURCHASING PRODUCTS OR SERVICES FROM AN 4MEDPLUS WEBSITE(S) OR, IF APPLICABLE, BY CLICKING THE "I ACCEPT" BUTTON WITH RESPECT TO A PARTICULAR PRODUCT OR SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. You understand that your use, access or downloading of certain products or services may also be governed by additional terms and conditions, as described below, or as provided by the third party manufacturer or service provider of such products or services.

Ownership of Site and Restrictions on Use of Content

The 4MedPlus website(s) is owned by 4MedPlus. You acknowledge that the 4MedPlus website(s) contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by 4MedPlus, licensors of 4MedPlus or other third parties. You agree and acknowledge that, notwithstanding that 4MedPlus permits access to the Content, the Content or its use or the use of this site is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms of Use, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of any 4MedPlus website(s) and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by 4MedPlus and third parties.

In addition to 4MedPlus's and its licensors' or other third parties' rights in individual elements of the Contents, 4MedPlus owns a copyright in the selection, coordination, arrangement and enhancement of the Content as well as other proprietary rights. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the 4MedPlus website(s) and/or any of the Content, in whole or in part, except as expressly permitted otherwise herein.

Third Party Property

You agree that you may upload to the software files or otherwise transmit on or through this website, only Content that is not subject to any rights of any third parties, or Content in which any holder of such rights has given express authorization for distribution on the Internet. By submitting Content to 4MedPlus including, without limitation, any text or message in or related to any product or service purchased or accessed on the 4MedPlus website(s), you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content.

Display of Products and Services

We use commercially reasonable efforts to ensure that the colors, design and details of the products and services displayed on the 4MedPlus website(s) are accurate. However, we cannot and do not guarantee that the colors, font types, design and/or details, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design and details.

Defective Products or Services

You understand that 4MedPlus provides a marketplace of third party products and services, in addition to its own products and services. In the event that you received a defective product or service, please contact the applicable vendor or manufacturer directly. 4MedPlus is not liable to you or any third party for any defective product or service that is ultimately provided by a third party. If any product or service owned by 4MedPlus is defective, 4MedPlus will use commercially reasonable efforts to repair or replace such defective product or service and/or if 4MedPlus reasonably determines that the product or service cannot be repaired or replaced, issue a refund to you in the amount of the purchase price paid by you for the applicable product or service. THE FOREGOING COMPRISES 4MEDPLUS'S ENTIRE LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH YOUR TRANSACTION.

4MedPlus reserves the right at any time and without notice to change the products and services which are available on its website(s).

Training Education Services

If you purchase training, courses, services, training materials and other course materials delivered by 4MedPlus and/or any of its subsidiaries or divisions, including without limitation, 4MedProTraining ("Training Education Services"), the provisions of this Section will also apply. Training Education Services may be in various formats including, but not limited to, audio/video lessons, web-based, self-paced lessons, or login live sessions. For the purpose of this Section, "Customer" means: (i) the end-user customer who purchases Training Education Services from 4MedPlus; or (ii) an authorized 4MedPlus reseller, wholesaler or distributor who purchases the Training Education Services in order to provide Training Education Services to its customers.

For live sessions, 4MedPlus will provide Customer with a login notice via e-mail after receipt of Customer order and will provide Customer a confirmation notice after receipt of a valid method of payment, if applicable. For all Training Education Services, acceptance by Customer of such Training Education Services will occur upon 4MedPlus's delivery of the confirmation notice, or Customer's use of the Training Education Services, whichever comes first. Unless otherwise specified or agreed in writing by 4MedPlus, all Training Education Services shall commence on the date specified by 4MedPlus in the confirmation. 4MedPlus reserves the right to change or cancel any Training Education Services that are online web-based or live training practice sessions up to three (3) business days prior to the start date and any other training event up to ten (10) business days prior to the applicable Training Education Services start date. 4MedPlus will use reasonable efforts to give notice of any cancellation of any Training Education Service. If the cancelled Training Education Service cannot be rescheduled, Customer may be entitled to a refund of any fee paid in respect of the cancelled Training Education Service, but shall not otherwise be entitled to any compensation, costs, losses or damages arising from such cancellation. Cancellations or rescheduling must be made within the specified number of business days prior to the start date of the class or the full tuition will be charged and no refund will be made.

4MedPlus reserves the right to change Training Education Services prices at any time. In the event of such change, confirmed registrations will be honored at the original price. Registrations confirmed by a purchase order within thirty (30) calendar days of a price increase will also be honored at the original price. Prices do not include sales, use, service, value added or like taxes or customs duties. Such taxes and duties, when applicable, will be added to 4MedPlus's invoices. All payments for Training Education Services will be made within thirty (30) calendar days of the date of invoice for enterprise customers or resellers and prior to attendance for all individual customers. These credit terms are subject to 4MedPlus's credit approval. 4MedPlus may change credit terms at any time when, in 4MedPlus's opinion, Customer's financial condition, previous payment record, or the nature of Customer's relationship with 4MedPlus so warrants.

All course materials and other materials provided for use throughout the Training Education Services ("Course Materials") are the copyrighted works of 4MedPlus or the original content provider. The Course Materials are provided for the sole use of the person attending the Training Education Service classes and may not be used by any other person and may not be reproduced, distributed or modified without the written permission of 4MedPlus.

Solely with regard to the Training Education Services purchased through 4MedPlus website(s), 4MedPlus warrants that the Training Education Services that are owned by 4MedPlus will be provided in accordance with generally recognized commercial practices and standards applicable to such services. 4MedPlus makes no other warranty or representation as to the suitability, accuracy, completeness, timeliness or quality of any Training Education Services. Without limiting the foregoing, 4MedPlus expressly disclaims all liability for anything done or omitted in reliance upon the Training Education Services. Customer shall have sole responsibility for fulfilling any requirements or accomplishing any objectives for which Customer purchased any Training Education Services. THE WARRANTY CONTAINED IN THIS SECTION IS IN LIEU OF, AND 4MEDPLUS EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL OTHER EXPRESS WARRANTIES OR CONDITIONS, AND ALL OTHER WARRANTIES, CONDITIONS, AND OBLIGATIONS IMPLIED IN LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Sales Tax

In accordance with various statutes, 4MedPlus is required to collect sales tax on any purchase of products shipped to customers located in all fifty states, the District of Columbia and other locations as mandated by law. Tax rates, the terms specified herein and the items subject to tax are subject to change at anytime.

Prohibited Conduct and Use

You agree to use the 4MedPlus website(s) and any products or services purchased from such website(s) only for lawful purposes. You are expressly prohibited from using a false e-mail address or other identifying information. You are also expressly prohibited from transmitting through 4MedPlus website(s) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). You agree and acknowledge that 4MedPlus is not responsible or liable to you or any other party for any Prohibited Conduct by any user of the 4MedPlus website(s) at any time.

Notwithstanding anything in these Terms of Use to the contrary, 4MedPlus is in no way obligated to monitor any user's use of the 4MedPlus website(s) or to monitor, retain, review and/or edit the contents of any message, posting or other information sent or otherwise transmitted through the 4MedPlus website(s). However, 4MedPlus does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information as we determine necessary, in our sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) protect and defend our rights and property; (iii) enforce these Terms of Use; (iv) protect against misuse or unauthorized use of the 4MedPlus website(s); and (v) protect the interests of our users or the public.

Linked Sites

The 4MedPlus website(s) may contain links to third party websites solely for your convenience. 4MedPlus does not endorse nor make any warranties or representations about any website you may access through a link from the 4MedPlus website(s). You agree and acknowledge that you (and not 4MedPlus) assume all risk for any dealings or transactions of any nature, including without limitation, the purchase of any products or services from, or the reliance upon any information or materials contained in, such linked sites.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL 4MEDPLUS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM OR THROUGH ANY 4MEDPLUS WEBSITE(S), OR THE USE OF, MISUSE OR INABILITY TO USE THE CONTENT OR MATERIALS IN THE 4MEDPLUS WEBSITE(S) OR THE USE, MISUE OR INABILITY TO USE PRODUCTS OR SERVICES PURCHASED THROUGH THE 4MEDPLUS WEBSITE(S), EVEN IF 4MEDPLUS OR AN 4MEDPLUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 4MEDPLUS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE OF THE APPLICABLE PRODUCT OR SERVICE ON THE 4MEDPLUS WEBSITE(S). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HERIEN, THE CONTENT, MATERIALS, PRODUCTS AND SERVICES ON THE 4MEDPLUS WEBSITE(S) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, MADE BY 4MEDPLUS. (THE THIRD PARTY MANUFACTURER OR SERVICE PROVIDER MAY PROVIDE YOU WITH WARRANTIES.) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 4MEDPLUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4MEDPLUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT, MATERIALS, PRODUCTS OR SERVICES RELATED TO THE 4MEDPLUS WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE 4MEDPLUS WEBSITE(S) OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4MEDPLUS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, MATERIALS, PRODUCTS OR SERVICES ON OR PURCHASED THROUGH THE 4MEDPLUS WEBSITE(S) REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT 4MEDPLUS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING ANY OF THE FOREGOING, YOU (AND CUSTOMER, WITH RESPECT TO TRAINING EDUCATION SERVICES) UNDERSTAND AND AGREE THAT ALL PRODUCTS AND SERVICES ON THE 4MEDPLUS WEBSITE(S) INCLUDING, WITHOUT LIMITATION, THE TRAINING EDUCATION SERVICES, ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR MEDICAL OR LEGAL ADVICE. ANY MEDICAL OR LEGAL QUESTIONS SHOULD BE DIRECTED TO A QUALIFIED PROFESSIONAL. 4MEDPLUS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED, OR FOR THE RESULTS OBTAINED FROM YOUR (AND CUSTOMER'S, WITH RESPECT TO TRAINING EDUCATION SERVICES) USE OF SUCH INFORMATION.

Your Submissions

If you contact 4MedPlus with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding this website, the Content or any item on the 4MedPlus website(s) (collectively, "Information"), the Information shall be deemed to be non-confidential and 4MedPlus shall have no obligation of any kind to you or any third party with respect to the Information. (Information specifically excludes your personally identifiable information, the use of which is governed by our Privacy Policy.) In addition, you agree and acknowledge that 4MedPlus shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Information to others without limitation, and to authorize others to do the same. Further, 4MedPlus shall be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Information. 4MedPlus shall not be liable or owe any compensation for the use or disclosure of the Information.

Usage by Children

4MedPlus does not solicit the use of the 4MedPlus website(s) or purchase of products offered on the 4MedPlus website(s) by minors. However, 4MedPlus cannot prevent such use or purchase and cannot prevent minors from visiting the 4MedPlus website(s). Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials, products and services are suitable for such children to view and/or purchase.

4MedPlus requires that use of the 4MedPlus website(s) be made by individuals 18 years old or older. In addition, 4MedPlus requires that any purchase from the 4MedPlus website(s) be by individuals of legal age. EACH TIME YOU USE THE 4MEDPLUS WEBSITE(S) OR PURCHASE A PRODUCT OR SERVICE FROM THE 4MEDPLUS WEBSITE(S), YOU ARE REPRESENTING THAT YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE ALL NECESSARY PERMISSIONS AND AUTHORITY TO MAKE SUCH PURCHASE.

Jurisdictional Issues

Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. 4MedPlus makes no representation that materials in this website, or the products and services promoted in this website, are appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination

These Terms of Use are effective until terminated by either party. You may terminate at any time by destroying all Content and other materials obtained from any and all 4MedPlus website(s) and all related documentation and all copies and installations thereof, other than products and services purchased through the 4MedPlus website(s), which you may continue to use in accordance with any terms and conditions applicable to such products and services. These Terms of Use may terminate immediately without notice from 4MedPlus if in 4MedPlus's sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must destroy all Content and other materials obtained from the 4MedPlus website(s) and all copies thereof, other than products and services purchased through the 4MedPlus website(s), which you may continue to use in accordance with any terms and conditions applicable to such products and services. Termination will not affect any rights, obligations or liabilities that arose prior to such termination.

Changes and Modifications

4MedPlus may change, add or delete programs, products, materials, services and the like that are described in the 4MedPlus website(s) at any time without notice. 4MedPlus reserves the right to update, modify, revise or otherwise change these Terms of Use and Privacy Policy at any time with or without prior notice. Your use of the 4MedPlus website(s) at any time after such update, modification, revision or change constitutes your acceptance of such update, modification, revision or change. You are encouraged to review these Terms of Use and the Privacy Policy periodically.

Other

You agree that we may do business electronically, including contract formation, order placement and acceptance. Any orders placed by you on any 4MedPlus website(s) (or Customer extranet site, for the purposes of Training Education Services) and accepted by 4MedPlus will create fully enforceable obligations that will be subject to these Terms of Use and any other terms or conditions imposed by the applicable third party vendor. Such orders and acceptances will be deemed for all purposes to be: (i) business records originated and maintained in documentary form; (ii) a "writing" or "in writing"; (iii) "signed"; and (iv) an "original" when printed from electronic files or records established and maintained in the normal course of business. The parties further agree not to contest the validity or enforceability of such transactions under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the parties to be bound thereby and will be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form. Pre-printed terms and conditions on or attached to you (or a Customer's, for the purposes of Training Education Services) purchase order shall be of no force or effect.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Venue and personal jurisdiction shall lie solely in the state and federal courts located in this State of Illinois. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Privacy Policy

When you create a new user account or make a purchase at the 4MedPlus website, we collect your name and email address. If you place an order for a service or product that requires payment, we also collect your billing address, shipping address, credit card information, telephone number and other similar information. This information will be used to process order and if necessary, to contact you regarding the status of your order. You agree and acknowledge that your order may be processed, fulfilled or serviced by third parties other than 4MedPlus and you understand that 4MedPlus has no control over how such third parties use the information provided to them to process, fulfill or service your order. Therefore, in order to process, fulfill or service your order, you expressly consent to our sharing your information with any necessary third parties. You understand that the use by third party product manufacturers and/or service providers of your personally identifiable information is subject to the privacy policies, if any, of such third parties that may be in effect from time to time and over which 4MedPlus has no control.

4MedPlus may also collect non-personally identifiable information including, without limitation, information regarding your operating system, browser, domain name, and your navigation through and from the 4MedPlus website(s). This information is collected in the aggregate and use to improve the 4MedPlus website(s) and for other business purposes. 4MedPlus may provide such aggregate information to third parties. 4MedPlus may also store information on your computer in the form of a "cookie" or similar file. Your web browser may allow you to erase or block such files, or notify you when such file is stored. Please check your browser's instructions for further information about such functions, but note that if you enable such functions, you may not be able to fully use the 4MedPlus website(s).

Revised: December 2, 2013