Terms of Use
IMPORTANT-READ
CAREFULLY:
The TERMS OF USE
("TOU") is a legal agreement between you (either as an individual or
any other legal entity) ("You" or "Your") and Medical
Funding Services ("MFS"). Your access to, and use of MFS websites
("Website") is subject to, and governed by, these TOU. Be sure to
carefully read and understand all of the rights and restrictions delineated in
these TOU. For Your reference, You may print the TOU by using the
"Print" option on Your browser. By accessing the Website, you confirm
your agreement to and acceptance of these terms. MFS reserves the right to
update the TOU at any time without notice to You. You may view the current
applicable version of the TOU at any time by clicking on the "Terms of
Use" link at the bottom of each Website page.
NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, CERTAIN MFS WEBSITES INCLUDING, BUT NOT LIMITED
TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT
FROM THE TOU AND THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL APPLY.
1. Access. MFS has the right, but not the duty,
to terminate or suspend Your access to the Website, without notice, for any
conduct that MFS, in its sole discretion, believes is in violation of any
applicable law or is harmful to the interests of another user, a third-party
provider, a service provider or MFS. MFS makes no representation that the
information contained in the Website is appropriate or available for use
throughout the world. It is forbidden to access the Website from territories
where the legislation provides that the content or use of the Website is
illegal. You choose to use the Website on Your own initiative, and it is Your
responsibility to ensure that You conform to all applicable local laws.
2. Copyright. MFS, its suppliers or the original
creator of the material own all copyrights to material on the Website and all
other intellectual property rights related to the Website. To the extent that
MFS has the right to do so without compensation to third parties, and except
for material specifically provided under other terms, MFS grants You permission
to copy materials on the Website solely for Your non-commercial use in support
of MFS products. You agree that any copies of material shall retain all
copyright and other proprietary notices in the same form and manner as the
original. You may not, without MFS's permission, "mirror" any
material contained on the Website or any other server. Except as specified
above, nothing contained herein shall be construed as conferring by
implication, estoppel or otherwise any license or right under any trademark,
patent, copyright, mask work protection right or any other intellectual
property right of MFS or any third party.
3. Trademarks. MFS and the MFS logo are trademarks
or service marks, registered or not, of MFS. Nothing in the Website may be
interpreted so as to grant to You, directly or indirectly, the use of a
trademark or service mark reproduced on the Website, whether belonging to MFS
or third party suppliers, without the written permission of MFS.
4. Information
Provided to MFS.
4.1. MFS does not want You to, and You
should not, send any confidential or proprietary information to MFS via the
Website. Any submission by You to MFS, including but not limited to questions, comments,
suggestions or the like shall be deemed to be non-confidential and shall become
the property of MFS. Furthermore, by Your submission You grant MFS an
unrestricted, irrevocable license to use, reproduce, display, perform, modify,
transmit, and distribute such information. MFS shall be free to use any ideas,
concepts, know-how or techniques contained in such information for any purpose
whatsoever, including but not limited to developing, manufacturing, and
marketing products incorporating such information.
5. Product
Availability.
The availability of the products described on the Website, and the product
descriptions, may vary from country to country. You should consult the
applicable MFS affiliate or authorized distributor for availability of specific
products in Your area.
6. Export of
Information.
The United States Export Controls laws prohibit the export of certain technical
data and software to certain territories. No content from the Website may be
downloaded or otherwise exported in violation of United States law or any other local law from
where You may be accessing the Website. You agree to comply with all United States and foreign Federal, State and local
laws and regulations applicable to the use of the Website.
7. Limitation of
Liability. MFS,
ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT,
UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS
INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF
MFS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ALL OR PART OF THIS
LIABILITY IS FOUND UNENFORCEABLE FOR ANY REASON, THEN MFS'S MAXIMUM AGGREGATE
LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN
LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
8. Assignment. The TOU may not be assigned or
transferred by You without the prior written consent of MFS. MFS may assign the
TOU to any affiliate or third party in part or in whole.
9. Disputes.
9.1. Any controversy or claim arising out
of or in connection with the TOU, its enforcement or interpretation
("Dispute"), will be finally resolved solely in accordance with the
terms of this Section 10.
9.2. If a Dispute arises, the parties
will endeavor to resolve the Dispute through good faith negotiation within
forty-five (45) days of notification of the Dispute. If the Dispute cannot be
settled through good faith negotiation, MFS and You will submit the Dispute to
non-binding mediation conducted by the American Arbitration Association
("AAA") or any other mutually acceptable alternate dispute resolution
organization. Each party shall bear its own expenses but those related to the
compensation of the mediator shall be borne equally. The parties, their
representatives, other participants and the mediator (and arbitrator, if any)
shall hold the existence, content and result of mediation in confidence. If the
Dispute is not resolved through mediation, claims may be brought in a state or
federal court of competent jurisdiction or resolved through binding
arbitration. Notwithstanding the foregoing, MFS shall be entitled to take
immediate legal action where required to protect its confidential or
proprietary information, or to obtain any interim injunction.
9.3. Actions on Disputes between the
parties with respect to the TOU must be brought in accordance with this Section
10 within two years after the cause of action arises.
10. Governing Law. The validity, construction and
performance of this Agreement will be governed by the substantive laws of the
State of Maryland, without giving effect to any provisions that would result
in this Agreement being governed by the law of any jurisdiction other than that
of the State of Maryland. THE PARTIES UNCONDITIONALLY WAIVE
THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED
UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE USE
OF THE WEBSITE.
11. Access to
Password Protected/Secure Areas. Access to and use of password protected and/or secure areas
of the Website is restricted to authorized users only. Unauthorized individuals
attempting to access these areas of the Website may be subject to prosecution.
12. Data Privacy.
12.1. You and MFS agree that they shall
comply in all respects with all applicable data protection laws and regulations
(or any legislation or regulations amending or replacing the same) (together,
the "Data Protection Laws").
12.2. You shall in connection with these
TOU (i) not do or permit anything to be done through an act or omission which
might jeopardize or contravene MFS's liability under Data Protection Laws; and
(ii) enter into such agreements as MFS shall reasonably require in relation to
the cross border migration of personal data.
12.3. You shall indemnify and keep MFS
fully indemnified against any and all liability, loss, damage, costs (including
legal costs) and expenses which MFS, or any MFS affiliate may incur or suffer
whether direct or consequential (including without limitation any economic loss
or other loss of profits, business or goodwill) as a result of any breach of
Section 13.2.
12.4 Please click on the "Privacy
" link at the bottom of each Website page for disclosures relating to the
collection and use of Your personal information.
13. Software License
terms. Any
software You download from the Website is governed by (i) the license terms
accompanying the software or (ii) if no license terms accompany the software,
the terms of Your license agreement with MFS which accompanied the original
product licensed by You which you are updating or (iii) if neither (i) or (ii)
is applicable, the Software License Agreement below.
14. Forward-Looking
Statements.
Some of the information on this Website may contain forward-looking statements.
These statements are only predictions based on our current expectations and
projections about future events. Because these forward-looking statements
involve risks and uncertainties, there are important factors that could cause
MFS's actual results, level of activity, performance or achievements to differ
materially from the results, level of activity, performance or achievements
expressed or implied by the forward-looking statements.
16. Disclaimers.
16.1 WHILE MFS ATTEMPTS TO PROVIDE
ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE
ACCURACY OF THE INFORMATION. MFS MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE
PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL ON THE WEBSITE AND THE
WEBSITE ITSELF IS PROVIDED "AS IS" AND MFS DOES NOT PROVIDE ANY
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MFS SPECIFICALLY DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT
TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE.
16.2 MFS MAKES NO WARRANTY THAT (i) THE
WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
16.3 ANY MATERIAL OR SOFTWARE DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL OR SOFTWARE.
16.4 NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM MFS OR THROUGH OR FROM THE WEBSITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
This constitutes the
entire agreement between the parties with respect to the Website and its use
and, except with respect to MFS Websites containing additional or different
terms of use, supersedes all prior agreements, proposals, communications
between the parties and understandings, whether written or oral.