Terms & Conditions
USE OF THIS WEB SITE
Use of this Web site and access to the material it contains is subject to the following terms and conditions as well as to applicable laws. Your access to and browsing of this Web site constitutes your full acceptance of these terms and conditions. We reserve the right, at our sole discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify Henry Schein of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.
TYPOGRAPHICAL OR OTHER ERRORS
While Henry Schein takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur. Henry Schein does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While Henry Schein makes reasonable efforts to prevent unauthorized tampering with the Web site, Henry Schein does not guarantee that its efforts will always be successful. Therefore, as set below, Henry Schein does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
Use of the Henry Schein Web site or any software application installed by you in connection with the use of this Web site, is at your sole risk. While Henry Schein makes reasonable efforts to ensure the safety and functionality of our Web site and any software applications associated with its Web site, these efforts may fail and errors may occur. IN NO EVENT SHALL HENRY SCHEIN OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY. HENRY SCHEIN WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF HENRY SCHEIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HENRY SCHEIN'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO HENRY SCHEIN FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless Henry Schein, Viva Learning and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site.
Henry Schein shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in it's sole discretion that you have breached any of these Terms or otherwise been engaged in conduct which Henry Schein determines in its sole discretion to be unacceptable.
CHOICE OF LAW AND FORUM
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New York, without regard to such state's rules regarding conflicts of laws. By accessing this Web site, you agree that courts located in New York, New York shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Terms and Conditions and/or your use of this site, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action.
A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, Henry Schein's records shall be conclusive in all respects.
INTEGRATION AND SEVERABILITY
These Terms and Conditions constitute the entire agreement between you and Henry Schein with respect to this site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Henry Schein with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
When you visit this site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THIRD PARTY MATERIAL
This Site hosts information and courses provided by third-party vendors and other third party content suppliers (both hereinafter "Content Suppliers"). You acknowledge that Henry Schein and Viva Learning LLC are not responsible or liable for any such third party content or for the availability of, or the materials located on or through, any external sites linked to on this site or hosted by the Viva Learning LLC site.
All content provided through Viva Learning LLC included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VIVA LEARNING LLC or its Content Suppliers and protected by international copyright laws. The Content Suppliers may own and are responsible for any material they post to the site or link to on the site or any material they provide to VIVA LEARNING LLC to post or link to the site. VIVA LEARNING LLC does not claim ownership of the content posted to the Site by Content Suppliers or take any responsibility for such content. The compilation of all content on this site is the exclusive property of VIVA LEARNING LLC, with copyright authorship for this collection by VIVA LEARNING LLC, and protected by international copyright laws.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by VIVA LEARNING LLC infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow VIVA LEARNING LLC to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send VIVA LEARNING LLC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Viva Copyright Notice, 3736 Bee Caves Rd, Suite 1-230, Austin, TX, 78746, USA (copyright @ vivalearning.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Provision of the Communication Decency Act
VIVA LEARNING LLC and Henry Schein Inc. facilitate the upload of third party content and hosts such content on vivalearning.com and its affiliate sites. Viva Learning LLC is protected under Section 230 of the Communications Decency Act. Section 230 states that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" (47 U.S.C. § 230). In other words, online intermediaries, such as VIVA LEARNING LLC, that host or republish the third party speech of others do not have the liability for such material and do not have the liability of the author of such material and are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. The protected intermediaries include not only regular Internet Service Providers (ISPs), but also a range of "interactive computer service providers," including basically any online service that allows third parties to have material posted to its site. Other than copyright infringement, if you feel that any third party material hosted on the VIVA LEARNING LLC site is violative of your rights, VIVA LEARNING LLC does not promise to remove such material but may consider the removal upon request. VIVA LEARNING shall be the sole determinant of what constitutes material violative of third party rights in this regard.
VIVA LEARNING LLC's trademarks and trade dress may not be used in connection with any product or service that is not VIVA LEARNING LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VIVA LEARNING LLC. All other trademarks not owned by VIVA LEARNING LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VIVA LEARNING LLC or its subsidiaries. If you feel a third party hosted on the VIVA LEARNING LLC site has violated your Trademark, please contact VIVA LEARNING LLC with a full description of the violation and proof of your ownership of the trademark at issue.
LICENSE AND SITE ACCESS
VIVA LEARNING LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of VIVA LEARNING LLC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VIVA LEARNING LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VIVA LEARNING LLC and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing VIVA LEARNING LLC's name or trademarks without the express written consent of VIVA LEARNING LLC. Any unauthorized use terminates the permission or license granted by VIVA LEARNING LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of VIVA LEARNING LLC so long as the link does not portray VIVA LEARNING LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any VIVA LEARNING LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. VIVA LEARNING LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. VIVA LEARNING LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant VIVA LEARNING LLC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant VIVA LEARNING LLC and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify VIVA LEARNING LLC or its associates for all claims resulting from content you supply. VIVA LEARNING LLC has the right but not the obligation to monitor and edit or remove any activity or content. VIVA LEARNING LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF ADVERSE EVENTS
VIVA LEARNING LLC sites, including all Viva Learning sites, offer content that include opinions, techniques, recommendations, etc. from a variety of writers and speakers that are not necessarily endorsed by VIVA LEARNING LLC, its associates and sponsored Viva Affiliates. Viewers are responsible for verifying the validity, accuracy and relevance of all content before implementing any techniques, products or recommendations into their clinical setting. Viewers understand that VIVA LEARNING LLC, its associates, writers, speakers and sponsored Viva Affiliates are not in any way responsible or liable for such third party content and any adverse events that may occur (i.e., in a clinical setting or anywhere) based on any third party information hosted by VIVA LEARNING LLC sites, including all Viva Learning sites. In this regard, please see the reference to CDA Section 230 above. In addition, VIVA LEARNING LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked or otherwise made available on the Site (including that posted by Content Suppliers).
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY VIVA LEARNING LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIVA LEARNING LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIVA LEARNING LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIVA LEARNING LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM VIVA LEARNING LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VIVA LEARNING LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.