USER AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. PROGNITION CORP. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. PROGNITION CORP. PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND PROGNITION CORP. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. PROGNITION CORP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Use of the Site

This Web site is to be used for lawful purposes only. You will not act in any manner that will restrict or inhibit any other party from using this service. Actions that can be construed, in Prognition Corp.'s opinion, as unlawful, invasive of privacy, vulgar or otherwise obscene, will not be tolerated and will result, at a minimum, with the user ID being terminated without any refund to the purchaser for the corresponding account. Prognition Corp. reserves the right to initiate legal action should the violation warrant it.

You understand that, except for information, products or services clearly identified as being supplied by Prognition Corp. or mavenlive.com, Prognition Corp. does not operate, control or endorse any information, products or services on the Internet in any way. Except for prognition.com and mavenlive.com - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with prognition.com or mavenlive.com. You also understand that prognition.com and mavenlive.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

The Information on the site, including but not limited to any images, text, newsletters, articles, opinions and views, is provided for information purposes only. It is not designed or intended to constitute medical, physiotherapy or any other type of professional advice, or to be used for diagnosis. Online resources are not a substitute for the personalized judgment and care of a trained professional.

Limitation of Liability

IN NO EVENT WILL PROGNITION CORP. BE LIABLE FOR:

  • ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PROGNITION CORP. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
  • (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PROGNITION CORP.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Prognition Corp. will make every reasonable effort to assure you can access your account or the services you have subscribed to. Prognition Corp. will not be liable for any loss or damage that may occur when the portal is not available, such as during maintenance windows or any other reasonable cause. Prognition Corp. will not be liable for any loss or damage that may occur when the portal is not available due to an act of God. Prognition Corp. is not liable for any damages arising out of the misuse of your password or your user ID. Although Prognition Corp. is committed to protecting any confidential data submitted to mavenlive.com, prognition.com, or any other websites owned by Prognition Corp., we are not responsible for the confidentiality, security or privacy of any files downloaded to your personal computer

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PROGNITION CORP., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR YOUR USE AND ACCESS OF THE SITE.

Password Confidentiality

Passwords must be kept absolutely confidential. Additionally, Mavenlive requires that your password is changed on a regular basis. Each user must take every reasonable precaution to ensure their password isn't disclosed, in error or intentionally, to anyone else. The individual user will be held responsible for all actions attributed to the user ID assigned to them. To protect your password we strongly recommend you use the following guidelines:

  • Don't use any part of your user ID as your password
  • Do not include prognition, maven, mavenlive, or your company name in the password

Information Collection

Mavenlive allows for the collection of personal information about clients. The purpose for the collection and storage of this information is as an aid to Mavenlive's customers to perform their required duties as stated by their employment description and any licenses under which they are legally bound. The information is intended to only be accessed by the person who originally entered it or to those whom the person who originally entered it has given permission in any form; verbal, written, electronic or otherwise. Mavenlive is not responsible for the accuracy of the information stored on its servers and as such is not liable for any errors made in entering information into its systems or any modification made by the person who originally entered the information or any persons to whom access permission has been granted either intentionally or unintentionally.

Information Security & Privacy

Information Collection Consent
Some areas of Mavenlive allow a user to collect personal information about clients. It is the responsibility of every Mavenlive user to ensure that the person or persons about whom personal information is being collected has consented to such information collection in an electronic format.

Data Transmission
All tranmission of data from a user's client machine to Prognition's servers is done over a Secure Socket Layer (SSL) 128-bit encrypted connection.

Access to information
Mavenlive provides secure access to each user's account information through the use of unique usernames and passwords. In addition, Mavenlive requires each user to periodically modify their password to ensure account security. Prognition's employees do not have general access to confidential account information without the verbal and/or written consent of an account owner. The only employees who may access such information at any time are those who have been designated as Information Officers. Information Officers of Prognition have agreed to an information protection agreement which states that they must have just cause for accessing confidential account information such as patient information.

Data Backup
Mavenlive implements hourly backups of user account information as well as daily offsite backups. Offsite backups are kept for a period of 2 weeks.

Legal - Copyrights, Trademarks, Disclaimers

While Prognition Corp. makes the information on this server available to anyone, it retains copyright on all text, images, audio, video clips and any other digital information contained in the prognition.com, mavenlive.com, and all other sites owned by Prognition Corp. This means that except where otherwise stated in a notice appearing on a particular web page or where otherwise expressly authorized by Prognition Corp., you may not publish or distribute the information to others, “mirror” or display the information on your own server. You may print copies for use by representatives of your company within your business; store the information files on your own computer for your business use, or reference this server by links stored in your own documents or web pages. You agree to indemnify and hold harmless Prognition Corp., its officers, directors, employees, agents, licensors, suppliers and any third party information providers from any and all legal action that results from violation of these terms now and in the future.

The information provided in these web pages is provided by Prognition Corp. as a convenience to you. Prognition Corp. does not warrant the accuracy or completeness of the information contained in these web pages or any linked web pages. Prognition Corp. is not responsible for the content of linked Web sites.

Miscellaneous

Prognition Corp. reserves the right to terminate this service at anytime.