Terms of Service

TERMS OF USE

 

MVPA, LLC, a Nebraska limited liability company doing business as Physician Focused (the “Company”) provides this website, www.physicianfocused.com (“Site”), and these Terms of Use, including our Privacy Policy, govern your use of the Site.  By using this Site, you represent that you have read, understood, and agree to by bound by and comply with these Terms of Use in their entirety.  If you do not agree with any part of these Terms of Use, then please do not use this Site. If you violate these Terms of Use, the Company may terminate or cancel your access rights to the Site immediately without notice.  The Company reserves the right at any time to modify or discontinue these Terms of Use or the Site or any part thereof, and you agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of these Terms of Use or the Site or any part thereof.  Any rights not expressly granted to you herein are reserved to the Company. Without limiting restrictions on use set forth below, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.

 

  1. USE OF SITE

 

The Company provides this Site as an online platform for users to connect with third party service providers, as well as enjoy additional benefits.  All users may utilize the functions on this Site; however, you must create an Account and agree to our Terms of Service before you may have access to members only features. By agreeing to these terms, you specifically agree that your use of any third party services displayed on the site will be governed by any agreements you enter into with any third party service provider and that Company shall have no liability to you with respect to your use of any third party services.

 

  1. COMPANY CONTENT; GRANT OF LIMITED LICENSE

 

All material on this Site which is owned by the Company, including without limitation all text, logos, designs, graphics, images, sounds, information, software, documents, products and services and the selection, arrangement and display thereof (“Company Content”), is the copyrighted work of the Company.  You are granted no ownership in any Company Content by your access to the Site.  None of the Company Content may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company.

 

The Company grants you a limited, revocable, non-exclusive license to access the Site in accordance with these Terms of Use.  Any use or attempted use of the Site for any other purpose is strictly and expressly prohibited.

 

  1. USER CONTRIBUTED CONTENT

 

Users are solely responsible for the content (“User Contributed Content”) which they post to the Site.  The Company has no responsibility for User Contributed Content and does not screen or verify any User Contributed Content.  The Company reserves the right, but does not assume any obligation, to reject, delete, or modify User Contributed Content that does not conform to these Terms of Use or the Company’s content or formatting guidelines.

 

By using this Site, you agree and represent and warrant to the Company that any User Contributed Content which you post to the Site will not: (a) infringe upon or violate the intellectual property rights, including without limitation copyrights, of any third party; (b) violate any law or regulation, including any privacy regulations; (c) include promotional content for goods or services unaffiliated with this Site and the Services; or (d) contain information which is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

 

By posting User Contributed Content to the Site, you grant the Company and its affiliates a worldwide, royalty free, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, public perform or public display in any format your User Contributed Content.  You expressly grant the Company a license to sublicense the User Contributed Content to any third party to whom the Company has engaged or may engaged to market and promote the Site and the Services.

 

  1. USER CONDUCT

 

While using the Site, you agree not to: (a) upload, post, email, transmit or otherwise make available any content, materials or information to, on, or through the Site that are fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that infringe on the intellectual property rights of any person or entity; (b) upload, post, email, transmit or otherwise make available to any other User any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation; (c) transmit any worms or viruses, spyware, malware or any other harmful or destructive code; (d) violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws); (e) use the Site for any illegal or unauthorized purpose; (f) transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent; (g) transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”; (h) advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law; (i)  provide materials or any other content for download that contain viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (j) disrupt the normal flow of dialogue with an excessive number of messages (flooding attack); (k) employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site; (l) attempt to gain unauthorized access to Company computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site; (m) “stalk” or otherwise harass anyone on or through the Site; and (n) collect any personally identifying data about other Users for commercial or unlawful purposes.

 

  1. LINKS TO OTHER SITES AND RESOURCES

 

The Site contains links to other websites or resources.  The Company has no control over such external sites and resources.  You agree that (a) the Company is not responsible for the availability or accuracy of such external sites and resources and (b) the Company does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external web site or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

  1. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SITE.  IN NO EVENT WILL THE COMPANY, ITS AFFILIATES AND THEIR OFFICERS, OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS,ARISING OUT OF OR IN CONNECTION WITH (A) THIS SITE; (B) THESE TERMS OF USE; (C) ANY BREACH OF THESE TERMS OF USE BY YOU OR ANY THIRD PARTY; (D) USER CONTRIBUTED CONTENT; (E) YOUR USE OR INABILITY TO USE THE SITE; OR (G) FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS BETWEEN YOU AND ANOTHER USER OR ANY THIRD PARTY WITH WHOM YOU COMMUNICATE, INTERACT, OR MEET WITH AS A RESULT OF YOUR USE OF THIS SITE.  THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE; (II) A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; AND (III) THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

APPLICABLE LAW MAY NOT ALLOW THE FOREGOING LIMITATIONS ON LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  1. DISCLAIMER

 

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND THEIR OFFICERS, OWNERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; OR (B) REGARDING THE QUALITY, ACCURACY, OR COMPLETENESS OF ANY USER CONTRIBUTED CONTENT OR THAT THE COMPANY HAS SCREENED OR VERIFIED ANY SUCH USER CONTRIBUTED CONTENT.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT, AND HAS NO OBLIGATION, TO CONDUCT BACKGROUND CHECKS ON ANY USER.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS, INTERACTIONS, AND MEETINGS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT, OR MEET WITH AS A RESULT OF YOUR USE OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE FACILITATED THROUGH THE SITE.  

 

  1. INDEMNIFICATION

 

By using this Site, you agree to indemnify, hold harmless, and defend the Company and its affiliates and their officers, owners, agents, employees, partners and licensors from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable attorneys’ fees, arising out of or relating to (a) your connection to, access to, and use of the Site; (b) your User Contributed Content; (c) your actual or alleged breach of these Terms of Use; (d) your actual or alleged infringement of any third party intellectual property or proprietary rights; (e) your actual or alleged violation of any applicable laws, rules, regulations or rights of another; or (f) your interaction with any other User.

 

  1. PRIVACY POLICY

 

The Company takes the privacy of Users’ information seriously.  Our Privacy Policy is available at www.physicianfocused.com.  By accepting these Terms of Use, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into these Terms of Use.

 

  1. TERMINATION

 

The Company reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Site or any part thereof with or without notice.  The Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. All provisions of these Terms of Use will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnification, and limitations of liability.

 

  1. MISCELLANEOUS PROVISIONS

 

These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Company and govern your use of the Site, except to the extent modified and supplemented by the Terms of Service and any Subscription Agreement you enter with the Company.  These Terms of Use will be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions. The Site is operated by the Company from its offices in Omaha, Nebraska, in the United States of America. The Company makes no representation that materials or content on the Site are appropriate or available for use in other locations.  Those who choose to access the Site 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. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be submitted to the state and federal courts of the State of Nebraska and you hereby agree to submit to the exclusive jurisdiction thereof.  The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms Of Use shall be held unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.  The Company may provide you with notices, including, without limitation, those regarding changes to these Terms of Use and other service-related announcements, by email or postings on the Site. The Company reserves the right to modify these Terms of Use at any time, by posting amended terms on this Site. Your continued use of the Site indicates your acceptance of the amended Terms of Use. You may not assign or transfer these Terms of Use without the prior written consent of the Company. The Company may assign or transfer these Terms of Use without restriction and in its sole discretion.  If you do not agree to these Terms of Use or any modified version of these Terms of Use, do not continue to use or access the Site. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect. To send any questions or comments, or to report any violations of these Terms of Use, please email the Company at support@physicianfocused.com.