PentaVision Powered by BroadcastMed Terms and Conditions THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR
"USER") AND PentaVision Powered by BroadcastMed, OWNER OF THE DOMAIN (
https://pv.broadcastmed.io/),
("WE", "US", "PentaVision Powered by BroadcastMed" OR "
https://pv.broadcastmed.io/") THAT STATES THE
MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE "
https://pv.broadcastmed.io/" SITE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE
LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF PentaVision Powered by BroadcastMed RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS
"AGREEMENT" BETWEEN YOU AND PentaVision Powered by BroadcastMed BY ACCESSING THE
https://pv.broadcastmed.io/ SITE AND USING ANY OF THE
https://pv.broadcastmed.io/
SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW, YOU MAY NOT ACCESS OR USE
https://pv.broadcastmed.io/
. PentaVision Powered by BroadcastMed MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OF
https://pv.broadcastmed.io/ SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Definition of the
https://pv.broadcastmed.io/ Service. PentaVision Powered by BroadcastMed is the
creator and provider of a service (the "
https://pv.broadcastmed.io/ Service")
that permits users to select proprietary audio lectures consisting of licensed audio content (collectively,
the "
https://pv.broadcastmed.io/ Content") from PentaVision Powered by BroadcastMed. Requirements for
Use of the
https://pv.broadcastmed.io/ Service. The
https://pv.broadcastmed.io/ Service is for individuals over 18 years of age who
can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable
requirements, you may not use the
https://pv.broadcastmed.io/ Service.
2. Privacy. PentaVision Powered by BroadcastMed Privacy Policy is expressly incorporated herein by
reference and made a part of this Agreement. PentaVision Powered by BroadcastMed privacy policy may be viewed at
https://pv.broadcastmed.io/.
3. Your Information.
You agree to provide current, complete, and accurate information required to complete your registration with
the
https://pv.broadcastmed.io/ Service and at other points as may be required in
the course of using the
https://pv.broadcastmed.io/ Service (such information
will be referred to herein, collectively, as "Subscriber Data"). You further agree to maintain and update
Subscriber Data as required to keep it current, complete, and accurate. You shall not use a false or
misleading name or a name that you are not authorized to use. If any information you provide is false,
incomplete, or inaccurate, we may terminate your rights to any or all of the
https://pv.broadcastmed.io/ Service. If the information you provide is
fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use
Subscriber Data you provide (including credit card information) for use in maintaining your accounts and
billing PentaVision Powered by BroadcastMed fees to your credit card.
4. User Account, Password, and
Security. a. Account and Password. As a registered user of the
https://pv.broadcastmed.io/ Service, you may receive or establish one or more
passwords and accounts ("
https://pv.broadcastmed.io/ Account(s)"). You are solely
responsible for maintaining the confidentiality and security of your passwords and
https://pv.broadcastmed.io/ Accounts. You are entirely responsible for all
activities that occur on or through your
https://pv.broadcastmed.io/ Account(s),
and you agree to notify us immediately about any unauthorized use of
https://pv.broadcastmed.io/ Accounts or any breach of security. We will not be responsible for any losses incurred in
connection with any misuse of passwords and we will have no responsibility whatsoever for your failure to
comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your
https://pv.broadcastmed.io/ Account(s), and may also subject you to criminal or
civil liability.
b. Security, Cracking and Hacking. You shall not violate or attempt to violate the
security of the
https://pv.broadcastmed.io/ Service. Accordingly, you shall not:
(i) access data or materials not intended for you; (ii) log into a server or account which you are not
authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization. Violations of system or network
security may result in civil or criminal liability. It is your responsibility to install anti-virus software
and related protections against viruses, Trojan horses, worms, time bombs, cancel bots or other computer
programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's
functionality or operation which may be transferred to your computer via the
https://pv.broadcastmed.io/ Service.
5. Grants of
Licenses. a.
https://pv.broadcastmed.io/ Content License. When you
"checkout" or otherwise "purchase" (referred to herein, collectively as "Purchase")
https://pv.broadcastmed.io/ Content from the
https://pv.broadcastmed.io/ Service, PentaVision Powered by BroadcastMed grants you a limited, revocable, non-exclusive, non-transferable
license to download or stream such
https://pv.broadcastmed.io/ Content to your
computer and/or your Device(s) solely for your personal non-commercial use. Except as otherwise expressly
provided in this License Agreement, you may not, in whole or part: (a) copy, distribute, transmit, display,
perform, reproduce, publish, modify, rewrite, create derivative works from, transfer or sell any material
contained on the Site; (b) reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system,
translate into any language or computer language, or retransmit the Site in any form or by any means
(electronic, mechanical, photo reproduction, recordation or otherwise); (c) use, rent, loan, sub-license,
lease, distribute or attempt to grant other rights to the System to third parties; or (d) to permit remote
access to the Site by any kind to any third party. This license to the
https://pv.broadcastmed.io/ Content you Purchase will continue for as long as your copy of
https://pv.broadcastmed.io/ Content exists pursuant to and in accordance with the
terms and conditions of this Agreement.
b. Site Access License. PentaVision Powered by BroadcastMed grants you a limited,
revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the
https://pv.broadcastmed.io/ Site and not to download (other than page caching) or
modify all or any portion of the
https://pv.broadcastmed.io/ Site. This license
does not include any resale or commercial use of the
https://pv.broadcastmed.io/
Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative
use of the
https://pv.broadcastmed.io/ 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. The
https://pv.broadcastmed.io/ Site
and/or any portion of the
https://pv.broadcastmed.io/ Site may not be reproduced,
duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our
express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or
other proprietary information (including images, text, page layout or form) of PentaVision Powered by BroadcastMed or
https://pv.broadcastmed.io/, its content providers or its affiliates without
express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or
trademarks without our express written consent. Any unauthorized use automatically terminates the permissions
and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable
right to create a hyperlink to the homepage of the
https://pv.broadcastmed.io/
Site so long as the link does not portray us, our content providers, our affiliates, or our products or
services in a false, misleading, derogatory or otherwise offensive manner. You may not use any
PentaVision Powered by BroadcastMed, or
https://pv.broadcastmed.io/ logo or other proprietary graphic
or trademark as part of the link without express written permission.
c. No Other License. Except as
expressly stated herein, no rights or licenses are granted hereunder.
6. Right to Change
Prices. Prices of all
https://pv.broadcastmed.io/ Content,
including but not limited to Subscriptions, are subject to change upon notice from us. Such notice may be
provided at any time by posting the changes to the
https://pv.broadcastmed.io/
Site or the
https://pv.broadcastmed.io/ Service.
7. Agreement to
Pay. a. You agree that you will pay timely, and that we may charge your credit card for any
https://pv.broadcastmed.io/ Content or Subscription, for any additional amounts
(including any taxes and late fees, as applicable) as may be accrued by or in connection with your
https://pv.broadcastmed.io/ Account(s) (collectively,
"
https://pv.broadcastmed.io/ Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT
OF ALL
https://pv.broadcastmed.io/ FEES AND FOR PROVIDING PentaVision Powered by BroadcastMed WITH A
VALID CREDIT CARD FOR PAYMENT OF ALL
https://pv.broadcastmed.io/ FEES. All
https://pv.broadcastmed.io/ Fees will be billed to the credit card you designated
during the registration process. If you want to designate a different credit card or there is a change in your
credit card status, you must change your credit card information online at the "My Account" section of the
https://pv.broadcastmed.io/ Site or by contacting Customer Service at
1.860.953.2900. (There may be a temporary disruption in the ability to use the
https://pv.broadcastmed.io/ Service until PentaVision Powered by BroadcastMed can verify the validity
of the new credit card information.) You agree that PentaVision Powered by BroadcastMed may use all legal means available to
collect
https://pv.broadcastmed.io/ Fees should our attempts to charge your
credit card on record fail for any reason. PentaVision Powered by BroadcastMed will charge you for any collection agency and legal
fees it pays while collecting
https://pv.broadcastmed.io/ Fees from you.
b.
Refund Policies. Except as stated otherwise, or as otherwise provided by applicable law, all charges are
non-refundable once purchased content has been electronically accessed. This includes but is not limited to an
electronic request to download, stream, or view purchased content.
8. Electronic Signatures
and Contracts. Your use of the
https://pv.broadcastmed.io/ Service
includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT
YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR
YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER
INTO ON THIS SITE. YOU CONSENT TO PentaVision Powered by BroadcastMed PROVIDING YOU ANY INFORMATION THAT PentaVision Powered by BroadcastMed IS
REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ("REQUIRED INFORMATION") IN
ELECTRONIC FORM. PentaVision Powered by BroadcastMed MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS
YOU SPECIFIED IN YOUR
https://pv.broadcastmed.io/ MEMBERSHIP SUBMISSION, (2) BY
ACCESS TO A PentaVision Powered by BroadcastMed WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE
INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO A PentaVision Powered by BroadcastMed WEBSITE THAT WILL BE GENERALLY DESIGNATED IN
ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST A PAPER COPY OF ANY REQUIRED INFORMATION. YOU MAY REQUEST PAPER
COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS BY FOLLOWING THE INSTRUCTIONS AT
https://pv.broadcastmed.io/. PentaVision Powered by BroadcastMed MUST RECEIVE YOUR PAPER COPY REQUEST
WITHIN 120 DAYS FROM THE DATE THAT PentaVision Powered by BroadcastMed FIRST PROVIDED THE REQUIRED INFORMATION TO YOU. IN ORDER
FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A
COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER
CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES. NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU
MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY SENDING AN E-MAIL TO US AND PAYING A NOMINAL
FEE PER COPY. YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE
https://pv.broadcastmed.io/ SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING
PentaVision Powered by BroadcastMed AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER,
THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE
https://pv.broadcastmed.io/ SERVICE.
9. Availability of
https://pv.broadcastmed.io/ Content. We will exercise reasonable
efforts to provide the
https://pv.broadcastmed.io/ Content in a timely manner. On
occasion, technical or supplier problems may delay or prevent delivery. You acknowledge and agree that
availability of
https://pv.broadcastmed.io/ Content that is not yet created at
the time of acceptance of this Agreement (such as time-dated programming) is subject to the creation of such
programs by the supplier. Your exclusive and sole remedy with respect to
https://pv.broadcastmed.io/ Content that is not delivered within a reasonable period will be replacement of such
https://pv.broadcastmed.io/ Content with comparable programs or a pro rata
extension of the applicable subscription period.
10. Intellectual Property. a.
Removal of
https://pv.broadcastmed.io/ Content or other Materials.
Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any
https://pv.broadcastmed.io/ Content or other materials comprising a part of the
https://pv.broadcastmed.io/ Service that violate or otherwise allegedly infringe
on the copyright or other intellectual property or proprietary rights of any person, company or other entity.
We will in no event be liable for the good faith removal of or disabling of access to any such
https://pv.broadcastmed.io/ Content or materials under this Agreement.
b.
Copyrights. All copyrights in and to the
https://pv.broadcastmed.io/ Service
materials including but not limited to the
https://pv.broadcastmed.io/ Site
(including the compilation of content, postings, links to other Internet resources and descriptions of those
resources),
https://pv.broadcastmed.io/ Content, Subscriptions, PentaVision Powered by BroadcastMed
Software, or any parts of or content within the
https://pv.broadcastmed.io/ Site,
https://pv.broadcastmed.io/ Content, Subscriptions and PentaVision Powered by BroadcastMed Software,
are owned by PentaVision Powered by BroadcastMed and/or its suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB
BROWSERS AND PentaVision Powered by BroadcastMed SOFTWARE ON OR IN CONNECTION WITH THE
https://pv.broadcastmed.io/ SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE
https://pv.broadcastmed.io/ SITE OR ANY OF THE PAGES OF THE
https://pv.broadcastmed.io/
SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE
https://pv.broadcastmed.io/ SERVICE MATERIALS. REPRODUCTION OR USE OF THE
https://pv.broadcastmed.io/ SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED
IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY
DAMAGES, FOR COPYRIGHT INFRINGEMENT.
c. Trademarks. PentaVision Powered by BroadcastMed,
https://pv.broadcastmed.io/, and other PentaVision Powered by BroadcastMed trademarks,service marks, graphics and logos used in connection
with the
https://pv.broadcastmed.io/ Service are trademarks or registered
trademarks of PentaVision Powered by BroadcastMed in the U.S. and/or other countries. Other trademarks, service marks, graphics
and logos used in connection with the
https://pv.broadcastmed.io/ Service are the
trademarks of their respective owners. You are granted no right or license with respect to any of the afore
described trademarks and any use of such trademarks, including but not limited to use in connection with any
product or service that is not that of the respective trademark owner in any manner that is likely to cause
confusion among customers or that disparages or discredits the respective trademark owner, is strictly
prohibited.
11. Termination. a. Termination By PentaVision Powered by BroadcastMed. If you fail, or
we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not
limited to failure to make payment of
https://pv.broadcastmed.io/ Fees due,
failure to provide PentaVision Powered by BroadcastMed with a valid credit card or with accurate and complete Registration Data,
failure to safeguard your
https://pv.broadcastmed.io/ Account information and
password, or violation of the
https://pv.broadcastmed.io/ Content License or the
https://pv.broadcastmed.io/ Site Access License or any license to PentaVision Powered by BroadcastMed
Software, PentaVision Powered by BroadcastMed, at its sole discretion, may: (A) terminate this Agreement and/or your
https://pv.broadcastmed.io/ Account and you will remain liable for all amounts
due under your
https://pv.broadcastmed.io/ Account up to and including the date
of termination; and/or (B) terminate the
https://pv.broadcastmed.io/ Content
License, the
https://pv.broadcastmed.io/ Site Access License and/or licenses to
PentaVision Powered by BroadcastMed Software; and/or (C) preclude access to the
https://pv.broadcastmed.io/ Service (or any part thereof). We will notify you if we take any of the foregoing actions.
b. Termination of the Service. We reserve the right to modify, suspend or discontinue the
https://pv.broadcastmed.io/ Service (or any part thereof) or any
https://pv.broadcastmed.io/ Content (or any part thereof) at any time with or
without notice to you, and we will not be liable to you or to any third party should we exercise such rights.
In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, depending
upon your
https://pv.broadcastmed.io/ Plan and the other Purchases you have made
from the
https://pv.broadcastmed.io/ Service.
12. General
Compliance with Laws; Export Restrictions. The
https://pv.broadcastmed.io/ Service is controlled and operated by us from our offices within the United States. You
agree to comply with all local, state, federal, national and international laws, statutes, ordinances and
regulations that apply to your use of the
https://pv.broadcastmed.io/ Service,
including as they relate to export or re-export into (or to a national or resident of) any country to which
the United States embargoes goods or to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Denial Orders.
13. No Responsibility for
Third Party Materials or Web sites. Certain content,
https://pv.broadcastmed.io/ Content, products and services available via the
https://pv.broadcastmed.io/ Service may include materials from third parties. In addition, we may provide links to
certain third party Web sites. With respect to such material, we are a distributor, not a publisher. You
acknowledge and agree that we have little or no control over, and are not responsible for examining or
evaluating the content or accuracy of any such third party material or Web sites. PentaVision Powered by BroadcastMed does not
warrant or endorse and does not assume and will not have any liability or responsibility for any third party
materials or Web sites, or for any other materials, products or services of third parties. Links to other Web
sites are provided solely as a convenience to you.
14. Limited Express Warranty.
Except as expressly provided herein, the
https://pv.broadcastmed.io/ Service is
provided "AS IS" and "AS AVAILABLE". PentaVision Powered by BroadcastMed MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING
THE
https://pv.broadcastmed.io/ SERVICE AND EXPRESSLY DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The
https://pv.broadcastmed.io/ Service is only warranted as stated below:
PentaVision Powered by BroadcastMed warrants that the media in which the
https://pv.broadcastmed.io/
Content is provided (e.g., the CD-ROM or the file transmitted to you) will be free from material defects on
delivery. If you find a defect in
https://pv.broadcastmed.io/ Content that you
have received in a tangible medium from PentaVision Powered by BroadcastMed or that you have downloaded or attempted to download
from the
https://pv.broadcastmed.io/ Site, your sole remedy (provided you meet
the registration, technical and payment requirements for use of the
https://pv.broadcastmed.io/ Service) is to call PentaVision Powered by BroadcastMed Customer Service at 1.860.953.2900 and
PentaVision Powered by BroadcastMed will consult with you on proper downloading procedures and hardware requirements. If,
thereafter, you are still unable to download a working copy of
https://pv.broadcastmed.io/ Content, you may attempt at a later time to download a new copy of the
https://pv.broadcastmed.io/ Content. PentaVision Powered by BroadcastMed warrants that the
https://pv.broadcastmed.io/ Content that you license directly through the
https://pv.broadcastmed.io/ Service will be of a quality suitable for human
listening and will consist of the
https://pv.broadcastmed.io/ Content that was
offered via the
https://pv.broadcastmed.io/ Service, if obtained pursuant to
PentaVision Powered by BroadcastMed instructions using equipment that is in good operating condition and meets the specifications
for the
https://pv.broadcastmed.io/ Service as provided by PentaVision Powered by BroadcastMed. In
the event the
https://pv.broadcastmed.io/ Content is incomplete or not as
warranted above, PentaVision Powered by BroadcastMed will provide you with replacement
https://pv.broadcastmed.io/ Content or a credit on your
https://pv.broadcastmed.io/
Account for the defective material, as determined by PentaVision Powered by BroadcastMed in its sole discretion, if you advise
PentaVision Powered by BroadcastMed of the defect within seven (7) days of first downloading the material by calling
1.860.953.2900 or completing the customer service request form available at the
https://pv.broadcastmed.io/ Site. You will be asked to document the defect. A
credit can be applied to the Purchase of the same or other
https://pv.broadcastmed.io/ Content. There is no warranty, express or implied, on the content, quality, or technical
compatibility of audio materials and information services downloaded through the
https://pv.broadcastmed.io/ Service but not under the control of PentaVision Powered by BroadcastMed.
The foregoing warranties do not cover defects caused by viruses, disabling codes, accident, mishandling,
misuse, improper installation, service or maintenance, modification of the PentaVision Powered by BroadcastMed Software or
https://pv.broadcastmed.io/ Content or the media on which the PentaVision Powered by BroadcastMed
Software and
https://pv.broadcastmed.io/ Content are furnished, or the user's
lack of the necessary hardware/software. You recognize that the
https://pv.broadcastmed.io/ Site is to be used as only a reference aid. The Site is not a substitute for the exercise
of professional judgment. NO PentaVision Powered by BroadcastMed EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED
TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH. THE EXPRESS WARRANTIES STATED
ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF
NON-INFRINGEMENT.
15. Limitation on Liability. IN NO EVENT SHALL PentaVision Powered by BroadcastMed
HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF
BUSINESS OR BUSINESS OPPORTUNITIES INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS
OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE
https://pv.broadcastmed.io/ SERVICE. IN NO EVENT SHALL PentaVision Powered by BroadcastMed HAVE ANY
LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR
https://pv.broadcastmed.io/ ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY
https://pv.broadcastmed.io/ CONTENT. SUBJECT TO THE AVAILABILITY OF THE
https://pv.broadcastmed.io/ CONTENT AND PentaVision Powered by BroadcastMed'S LIMITED EXPRESS
WARRANTY HEREIN, PentaVision Powered by BroadcastMed IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY,
COMPLETENESS, OR RELIABILITY OF THE
https://pv.broadcastmed.io/ CONTENT YOU
DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE
https://pv.broadcastmed.io/
SERVICE.WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND
CONTRACT, IN NO EVENT SHALL PentaVision Powered by BroadcastMed OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR
RELATED TO USE OR INABILITY TO USE
https://pv.broadcastmed.io/ ACCOUNT(S),
PentaVision Powered by BroadcastMed, INC. SOFTWARE,
https://pv.broadcastmed.io/ CONTENT OR THE
https://pv.broadcastmed.io/ SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.IN NO EVENT SHALL PentaVision Powered by BroadcastMed BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE
https://pv.broadcastmed.io/ SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE
GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SOFTWARE OR CONTENT GIVING RISE TO THE DAMAGE, OR (B)
TWO HUNDRED FIFTY DOLLARS (US$250). Some states do not allow the exclusion of implied warranties or incidental
or consequential damages, so the above exclusion thereof may not apply to you. This Agreement gives you
specific legal rights, and you may also have other rights that vary from state to state.
16.
Indemnity. You agree to indemnify and hold harmless PentaVision Powered by BroadcastMed, its affiliates,
subsidiaries, shareholders, officers and directors, agents, employees, and partners from any third party claim
or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of your breach
of this Agreement and/or your use of the
https://pv.broadcastmed.io/ Service,
PentaVision Powered by BroadcastMed Software, Devices and/or the
https://pv.broadcastmed.io/ Content.
17. Governing Law. This Agreement will be exclusively governed by the laws of the
State of New York without regard to its principles on the conflicts of laws.
18.
Arbitration. Any controversy or claim arising out of or relating to this Agreement or its
breach, with the exception of injunctive relief sought by PentaVision Powered by BroadcastMed for any violation of PentaVision Powered by BroadcastMed
intellectual property or other proprietary rights or of the licenses granted pursuant to this Agreement, will
be settled by arbitration in accordance with the then-current Commercial Arbitration Rules of the American
Arbitration Association, if you are domiciled outside the United States, then the dispute will be resolved by
arbitration under the then-current International Arbitration Rules of the American Arbitration Association.
The location of the arbitration shall be TAMPA, FL 33602, USA.
19. Changes. We reserve
the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this
Agreement and to impose new or additional rules, policies, terms or conditions on your use of the
https://pv.broadcastmed.io/ Service. Such updates, revisions, supplements,
modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement
as "Additional Terms") will be effective immediately and incorporated into this Agreement upon notice thereof,
which may be given by any reasonable means including by posting to the
https://pv.broadcastmed.io/ Site. Your continued use of the
https://pv.broadcastmed.io/
Site following such notice will be deemed to conclusively indicate your acceptance of any and all such
Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
20.
Miscellaneous. This Agreement constitutes the entire agreement between you and PentaVision Powered by BroadcastMed
and supersedes any prior agreements between you and PentaVision Powered by BroadcastMed written or oral, with respect to the
subject matter herein. Any additional or different terms in any order or written communications from you are
void. In the event of a direct conflict between the terms of this Agreement and: (A) other terms and
conditions that may be applicable to the
https://pv.broadcastmed.io/ Service
generally, the terms of this Agreement will control with respect to the subject matter of this Agreement; and
(B) the Privacy Policy, Additional Terms, Software Licenses or Digital Millennium Copyright Notice, the terms
and conditions of such statement, document, license or policy will control with respect to the subject matter
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