Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
THESE TERMS AND CONDITIONS CONTAIN A LIMITATION OF LIABILITY AND WAIVER OF ALL CLAIMS, INDEMNIFICATION PROVISIONS AND AN ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL. BY CONTINUING TO ACCESS THE SITE YOU ARE AGREEING TO THESE PROVISIONS
YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.
THE INFORMATION PROVIDED ON THIS WEBSITE BY VICTORY MEN’S HEALTH, LLC DOES NOT CREATE A PHYSICAN/PATIENT RELATIONSHIP.
BY YOUR CONTINUED USE OF THE SERVICES OFFERED HEREIN, AND BY YOUR EXPRESS ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOU UNDERSTAND, AND HAVE BEEN PROVIDED THE OPPORTUNITY TO COMMUNICATE WITH A LEGAL REPRESENTATIVE OF YOUR CHOICE REGARDING, THE TERMS AND PROVISIONS HEREIN AND THEIR LEGAL CONSEQUENCES.
THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Victory Men’s Health, LLC and its parent(s), subsidiary(ies) or affiliate(s) (“VMH” “we,” or “us”) own and operate the website victorymenshealth.com (the “Site.”) The Site is intended to provide general information about certain services offered by VMH. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; and (iii) administrative support in connection with scheduling health care provider services. Use of the Site does not create a physician/patient relationship between you and VMH or any employee, agent or independent contractor of VMH.
These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Site. Your access to and use of the Site is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Site. Even though you may have arrived to the Site through a website or mobile application that may be operated or controlled by a third party, including our affiliate, you understand and agree that these Terms of Use are entered into between you and VMH. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Site, or any information or Content provided through the Site. The Site and Services are continually under development, and VMH reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Site to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Site is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Site. Your continued use after a change has been posted constitutes your acceptance of the changes.
REQUIREMENTS FOR USE
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to your use of the mobile services and to the Internet.
NOTICE OF PRIVACY PRACTICES
We understand the importance of confidentiality and privacy regarding your information. Please see our Notice of Privacy Practices applicable to victorymenshealth.com for a description of how VMH may use and disclose your information and how you may access that information. The Notice of Privacy Practices is hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.
YOUR RELATIONSHIP WITH VICTORY MEN’S HEALTH, LLC
Use of the Site does not create a physician/patient, or any other relationship of any kind, between you and VMH. None of the Content you receive through the Site should be considered medical advice.
REGISTRATION AND USER ACCOUNTS
Although certain parts of the Site are accessible by any individual, if you choose to utilize the services available through the patient portal site available on victorymenshealth.com you are obligated to register with the third-party that operates that site. You acknowledge that the services provided via the patient portal function are being provided by a third-party provider and not directly by VMH. Those Services are available only to users who have become patients of providers affiliated with VMH and/or an affiliate and who have been granted accounts with usernames and passwords by a third-party. To obtain this access, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to VMH and/or the third-party operating the patient portal site. If you do not maintain such information, or VMH has reasonable grounds to suspect as much, VMH has the right to request that the third-party operating the patient portal site suspend or terminate your account and your use of the Services.
You also agree to immediately notify VMH of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing VMH at contact@victorymenshealth.com. VMH may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services and your account.
You agree to keep confidential your username and password and to exit from your account each time you access the patient portal at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. VMH explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Site may not be accessible at any time, for any period, or for any reason; and (2) VMH will not be liable if for any reason all or any part of the Site or patient portal are unavailable at any time or for any period.
ACCESS RIGHTS AND PROHIBITED USE
Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view and use the Site in the United States solely for your personal and non-commercial use and only as permitted under these Terms of Use and the Privacy Policy. No other right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by VMH or its licensors/licensees. We reserve the right, in our sole discretion, to deny or suspend use of the Site to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Site to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to VMH’s detriment or commercial disadvantage; (h) take any action or use the Site in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by VMH or any of our service providers to protect our Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Site or any content made available to you on or through our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to VMH or third-party content from the Site; (n) otherwise use the Site in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITES
With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to VMH on or through the Site, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of VMH and/or similar affiliated professional entities and/or their employees or agents.
OWNERSHIP OF SITE CONTENT
As between VMH and you, VMH is the sole and exclusive owner of all right, title and interest in and to the Site and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by VMH or its licensors/licensees, including all intellectual property rights therein. You may not access or use the Site or Content for any commercial purposes.
TRADEMARKS
Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of VMH or its affiliates. You are not authorized to use any such Marks without the express written permission of VMH. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
The Site may contain hyperlinks or references to other websites (“Linked Site”) operated by third parties. The Linked Site may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Site to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Site is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Site.
You may have arrived to the Site through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of VMH. You understand and agree that we are not responsible for the information, products or services described on those Linked Site and only these Terms of Use will apply to your use of or access to the Site.
TERMINATION
The Terms of Use will remain in full force and effect as long as you continue to access or use the Site. You may terminate the Terms of Use at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if you violate these Terms of Use.
VMH may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Site with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.
Subject to applicable law, VMH reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. Thereafter, VMH will have no further obligation to maintain any such record, except to the extent an affiliated professional entity or licensed individual is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that you will indemnify and hold VMH harmless from any and all liability that VMH may incur therefor.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VMH AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER VMH NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, VMH DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND VMH DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
LIMITATION OF LIABILITY AND WAIVER OF ALL CLAIMS
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL VMH BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL OR BODILY INJURY OR DEATH, LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THIS IS TRUE EVEN IF VMH OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS CAUSED OR OCCASIONED BY VMH’S OWN NEGLIGENCE OR MALFEASANCE.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless VMH and its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
This Arbitration Agreement and Waiver of Jury Trial (“Arbitration Agreement”) is required as a condition of your use of the Site. This Arbitration Agreement requires resolution of disputes on an individual basis through arbitration rather than a lawsuit decided by a judge or jury in court. Arbitration is a procedure in which the parties submit a dispute to one or more mutually selected, impartial persons — known as arbitrators — for a final and binding decision. Arbitration is more informal and can be faster and less expensive than a lawsuit in court. VMH will pay all costs of arbitration in excess of the $50 filing fee paid to initiate the arbitration. The parties have the right to be represented by a lawyer in arbitration. Arbitrators can award the same damages and other individualized relief that a court can award. The arbitrator’s decision is binding on the parties and subject to very limited appellate review by courts. This Arbitration Agreement waives the right to a trial by jury in court.
This Arbitration Agreement requires arbitration of all disputes or claims arising out of or related in any manner to your use of the Site including, but not limited to, claims for breach of contract or promise (express or implied); tort claims, including claims for personal injury, negligence, wantonness, wrongful death, medical malpractice and fraud; payment or non-payment; and claims for violation of any federal, state, local or other governmental law, statute, regulation, common law or ordinance (“Disputes”). It is intended that this Arbitration Agreement should apply to any and all Disputes between you and VMH and/or its successors, assigns, parent companies, affiliates, affiliated licensed providers, subsidiary companies or any other companies or entities affiliated with VMH, as well as any owners, members, shareholders, officers, directors, managers, employees or agents of VMH or VMH’s successors, assigns, parents, subsidiaries or companies or entities affiliated with VMH. It is further intended that this Arbitration Agreement shall be binding on all persons whose claims or Disputes are derived through or on behalf of another person or their estate including, but not limited to, such person’s successors, assigns, parent, spouse, child, guardian, executor, administrator, personal representative, legal representative or heir of the Resident or Resident’s estate. The scope of Disputes and Parties covered by this Arbitration Agreement is intended to be broadly interpreted.
This Arbitration Agreement, however, shall not apply to: (i) any grievance proceeding brought either formally or informally with an appropriate state or federal agency, and (ii) any appeal proceeding with the appropriate state or federal entity. Furthermore, nothing in this Arbitration Agreement prohibits or discourages you or anyone else from communicating with federal, state or local officials.
Any arbitration conducted pursuant to this Agreement shall be conducted by, and according to the rules and procedures of, an independent and impartial entity regularly engaged in providing arbitration services (the “Arbitration Services Provider”) unless the Parties agree in writing otherwise. The Arbitration Services Provider shall be JAMS. Information about JAMS and its procedures can be obtained from JAMS at https://www.jamsadr.com or 949-224-1810. In the event JAMS is unwilling or unable to serve as the Arbitration Services Provider, the parties shall select another independent and impartial entity regularly engaged in providing arbitration services to serve as the Arbitration Services Provider. However, if the parties are unable to agree upon an Arbitration Services Provider, either party can then petition the Circuit Court of St. Louis County, Missouri, to select another independent and impartial entity regularly engaged in providing arbitration services to serve as the Arbitration Services Provider. In the event of any material, adverse inconsistency between the terms of this Arbitration Agreement and the rules regularly employed by the Arbitration Services Provider, the terms of this Arbitration Agreement shall apply.
Each party may be represented by an attorney. Each party is responsible for paying its own costs and attorney’s fees associated with arbitration. If a party prevails on a claim which provides for the prevailing party to receive payment for its attorney’s fees, or if there is a written agreement between the parties providing for the prevailing party to receive payment for its attorney’s fees, the arbitrator(s) may award reasonable fees to the prevailing Party in accordance with the standards established under such statute or agreement.
The arbitration shall take place in a location within 50 miles of a brick and mortar facility owned and/or operated by VMH. The parties agree that this location is a convenient location for the parties, unless the Parties mutually agree on another location.
The decision of the arbitrator(s) shall be final and binding on the parties. Any party may bring an action in the St. Louis County, Missouri, Circuit Court enforce an arbitration award. A Party opposing enforcement of an arbitration award may only do so where the scope of review will be established under the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and applicable case law construing the Federal Arbitration Act.
The parties acknowledge that VMH regularly engages in transactions involving interstate commerce and that use of the Site involves such interstate commerce. The parties expressly agree that this Arbitration Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Any claims or disputes about enforceability, applicability, interpretation, formation or scope of this Arbitration Agreement shall be interpreted, construed and enforced pursuant to and in accordance with the Federal Arbitration Act and laws of Missouri, without reference to the choice of law principles of any other state.
The parties agree to arbitrate any claims and Disputes under this Agreement on an individual basis and will not seek representative, consolidated or class treatment of any Disputes. The parties agree that class arbitrations/class actions are not permitted under this Arbitration Agreement. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action or any particular remedy, then that cause of action or particular remedy (and only that cause of action or particular remedy) must remain in court and be severed from any arbitration. The parties agree that court proceedings regarding any cause of action severed from the arbitration will be stayed pending the outcome of the arbitration.
This Arbitration Agreement shall survive termination of these Terms and Conditions or any other contract between the parties. This Arbitration Agreement can only be modified by a writing signed by all parties specifically stating an intent to modify this Arbitration Agreement.
The invalidity of a portion or provision of this Arbitration Agreement shall not affect the validity of any other portion or provision. If any portion or provision of this Arbitration Agreement is found to be invalid or unenforceable in any respect, the remainder of the Arbitration Agreement will remain in full force and effect.
This Arbitration Agreement constitutes the entire agreement of the parties with respect to the Arbitration Agreement, as a complete and final integration thereof. All understandings and agreements heretofore between the Parties are merged into this Arbitration Agreement, which alone fully and completely expresses their understandings. In entering this Arbitration Agreement, neither party hereto has relied upon a representation or warranty made by either party which is not contained in this Arbitration Agreement or expressly referred to herein.
CHOICE OF LAW/SEVERABILITY
The Terms of Use and your use of the Site shall be governed by the laws of the State of Missouri, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in St. Louis County, Missouri, under the rules of the American Arbitration Association, as more fully stated above, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in St. Louis County, Missouri, shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
All parts of these Terms of Use apply to the maximum extent permitted by law. VMH and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
NO WAIVER
No waiver by VMH of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by VMH to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
NO AGENCY RELATIONSHIP
Neither these Terms of Use, nor any Content, materials or features of the Site create any partnership, joint venture, employment, or other agency relationship between VMH and you. You may not enter into any contract on our behalf or bind us in any way.
REMEDIES
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
ASSIGNMENT
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. VMH and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of VMH is transferred to another entity by way of merger, sale of its assets or otherwise.
DIGITAL MILLENNIUM COPYRIGHT ACT
VMH reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. VMH otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with VMH.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to our Designated Agent at the following address: contact@victorymenshealth.com
Any notification to VMH under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on our Site;
- Information sufficient for VMH to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
