Home : Terms & Conditions
The Terms and Conditions of Use set forth below apply to the WomenCertified.com Web site (WomenCertified®) owned, operated, licensed, or controlled by Medelia Communications, Inc. (Medelia). By using this Web site, you agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to this site. This Agreement constitutes the entire and only agreement between Medelia and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to WomenCertified, the content, products or services provided by or through WomenCertified, and the subject matter of this Agreement. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of WomenCertified following the posting of changes to these terms will mean you accept those changes.
If you do not agree to these terms of use, please do not use the site.
Content Restrictions.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of WomenCertified are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Medelia. You do not acquire ownership rights to any content, document or other materials viewed through WomenCertified. No material from WomenCertified may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Medelia's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Medelia.
Indemnification.
You agree to indemnify, defend and hold Medelia harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation or alleged violation of this Agreement or use of WomenCertified.
Nontransferable.
Your right to use WomenCertified is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Jurisdictional Issues.
Unless otherwise specified, the materials in Medelia Web Sites are presented solely for the purpose of offering sales training. WomenCertified is controlled and operated by Medelia from its offices within, the State of Florida, United States of America. Medelia makes no representation that materials in WomenCertified are appropriate or available for use in other locations. Those who choose to access WomenCertified from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Termination.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from WomenCertified and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. This Agreement will terminate immediately without notice from Medelia if in Medelia's sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from WomenCertified and all copies thereof, whether made under this Agreement or otherwise. WomenCertified has the right to terminate this agreement and remove your profile from WomenCertified database for vulgarity, obscenity, or any materials they find inappropriate.
Disclaimer.
The materials in WomenCertified are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Medelia disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Medelia does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Medelia Web Sites or the server(s) that makes WomenCertified available are free of viruses or other harmful components. Medelia does not warrant or make any representations regarding the use or the results of the use of the materials in WomenCertified in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, whether oral or written, obtained by you from Medelia through WomenCertified shall create any warranty, representation or guarantee not expressly stated in this Agreement. You (and not Medelia) 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.
Limitation Of Liability.
Under no circumstances, including, but not limited to, negligence, shall Medelia be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in WomenCertified, even if Medelia or an Medelia authorized representative has been advised of the possibility of such damages. The negation of damages set forth herein is a fundamental element of the basis of the bargain between Medelia and you. WomenCertified and the materials contained herein would not be provided without such limitations. 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. In no event shall Medelia's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
Links To Other Web Sites And Services.
To the extent that WomenCertified contains links to outside services and resources, Medelia does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. You agree that the use of such outside services and resources is at your sole risk and is without warranties of any kind by Medelia, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances is Medelia liable for any damages arising from the transactions between you and the providers of these outside services and resources or for any information appearing on linked Web sites.
Use of Information. Medelia reserves the right, and you authorize Medelia, to the use and assignment of all information regarding WomenCertified uses by you and all information provided by you in any manner consistent with Medelia’s Privacy Policy.
Other.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws principles. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Broward County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Any cause of action by you with respect to WomenCertified (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. To the extent that anything in or associated with WomenCertified is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Medelia’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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