No Medical Advice
Although Modivhealth is dedicated to servicing the health care industry, Modivhealth is not authorized or licensed to provide, and does not engage in providing, medical advice. Nothing in the Site is intended to be construed as the provision by Modivhealth of medical advice.
Territory and Eligibility
You may only use the Site if you are located within the continental United States, and Alaska and Hawaii, and are at least 18 years of age.
You may not use the Site for anything other than a lawful and legitimate purpose, and not in any way that would violate this Agreement or the law. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable laws, regulations, statutes, and ordinances in connection with the use of the Site. Examples of prohibited uses include, without limitation: (a) violation of any person’s or entity’s proprietary, publicity, privacy, or other right; (b) use of the information obtained through or from the Site to commit fraud; (c) misuse or disclosure of a person’s or entity’s confidential or proprietary information; (d) downloading or otherwise exporting programs or content from the Site in violation of United States export laws; (e) transmission, storage, or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous, or offensive activity; or (f) disruption of the Site or attempts to purposefully disrupt the Site, through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. In addition, to the extent applicable, you agree not to use, access, combine, or disclose the information available on the Site in such a way that would violate the Health Insurance Portability and Accountability Act (“HIPAA”), its regulations or other applicable law.
Reporting Fraudulent Activity or Inappropriate Site Usage or Behavior
If you become aware of or suspect fraudulent or unlawful activity or any other activity that threatens the security of the Site, its content, operations or any part thereof, or appears to be a misuse or unauthorized access to any confidential or medical information, you are obligated to immediately report the activity to Modivhealth. We ask that you also report to us any activity on or regarding the Site that comes to your attention that is inappropriate, abusive, or otherwise problematic. Modivhealth reserves the right but not the obligation to pursue actions against any such wrongdoers. To report any of the foregoing problematic or potentially problematic activity, please Contact Us.
Reporting Certain Abuses to Law Enforcement Authorities; Legal Process and Notifications
Modivhealth reserves the right to report to local, national or international law enforcement agencies abuse and violations of this Agreement, including, without limitation, those that may compromise the safety of you or users of the Site or the subjects of information sent through the Site. Nothing in this Agreement shall be construed to prohibit or restrict Modivhealth from complying with any applicable laws, law enforcement requests, subpoenas, legal requirements and legal reporting obligations relating to your or another user’s use of the Site, or use of information or user information.
You expressly understand and agree that any and all information and services contained on, used through, or obtained from the Site are provided “as is” and on an “as available” basis. Modivhealth, its licensors, and its information and service providers do not warrant that the information and services contained on, used through or obtained from the Site are accurate, complete, free from bugs, defects, harmful components, or errors, or that sent information will reach the intended destination or reach it in the form intended, or that the system will be accessible without interruption, or that any such defects, harmful components, errors or miss-deliveries will be corrected or removed.
Modivhealth makes no, and hereby expressly disclaims all, warranties, express or implied, including, without limitation, as to the merchantability, fitness for a particular use or purpose, non-infringement, title, or any other warranty, condition, guaranty, or representation, whether oral, written, or in electronic form, with respect to the content or operation of the Site, including but not limited to, regarding the quality, accuracy, usefulness, timeliness, availability, operation, or completeness of any information or services provided on or made available through the Site. Additional disclaimers may appear on the site and are incorporated herein by reference.
You acknowledge that Modivhealth does not endorse or act in a representative capacity and is not responsible or liable for, any affiliate site, any Site user, or any third party.
No Third Party Beneficiary
Nothing in this Agreement shall be construed to establish a basis for claims against Modivhealth (its officers, directors, or employees) by third parties asserting status as third party beneficiaries.
Modivhealth takes commercially reasonable measures so that the Site is available without significant interruption, except for scheduled down time needed to help maintain effective operation of the Site. However, difficulties with hardware, software, and equipment as well as services supplied by others may result in service interruptions.
Modivhealth will use reasonable security measures to protect the Site, and at least those security measures required by law. However, Modivhealth is not responsible for any breach of security or for the unauthorized use by others of your information.
Denial of Access and Termination
Modivhealth may suspend, deny and terminate your access to the Site at any time. Modivhealth reserves the right to access, read, copy, delete and disclose information on Modivhealth’s systems and equipment. Modivhealth reserves the right to inspect any and all files and information stored on or transmitted through Modivhealth equipment. Suspension, denial or termination of your use of the Site does not affect or terminate your obligations to Modivhealth.
Fees and Charges
Modivhealth may charge for some or all of the services provided on or through the Site. Such charges will be set forth in a separate agreement between you and Modivhealth, in this Agreement, on the Site itself, or on materials provided with the service, and Modivhealth may change such charges on notice to you.
Modivhealth and its licensors and its information providers retain all intellectual property rights with respect to the Site. All Site content included or available on the Site, including, but not limited to, trade names, trademarks, service marks, text, graphics, interfaces, code, information, databases, technology (other than content or information sent to and from Site users) (collectively, the “Content”), and the selection and arrangement thereof, are the sole and exclusive property of Modivhealth, or its licensors or information providers.
To the maximum extent allowed by applicable law, you agree to indemnify and hold harmless (and with respect to third party claims defend upon Modivhealth’s request), Modivhealth, its affiliates, and licensors and information providers, from and against all claims, suits, proceedings, losses, liabilities, and expenses, including without limitation, attorneys’ fees in connection with a third party claim, whether the claim or harm sounds in tort, contract, or otherwise, which arise out of, are a result of, or relate to your breach of any obligation, provision, acknowledgement, representation or warranty in this Agreement, your use of the Site or Site or any information sent, accessed, viewed, or received through the Site, your use of Content, and/or your activity in relation to the Site.
By using the Site, you are consenting to receive communications from Modivhealth electronically and agreeing that Modivhealth may communicate with you via e-mail, by posting notices on this Site, and also, if Modivhealth wishes, by regular means of communication, including for example, postal mail. You agree that all agreements, disclosures, notices and other communications that Modivhealth provides to you electronically satisfy any legal requirement that such communication be in writing.
From time to time, the Site may contain additional terms and conditions (the “Additional Terms”) governing your use of the Site or components thereof, which Additional Terms are hereby incorporated by reference. You agree to comply with any such Additional Terms as part of this Agreement.
This Agreement shall, for all purposes, be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of Florida, USA, without giving effect to its conflict of law provisions or your actual state of residence or domicile. You hereby agree that the courts located in Jacksonville, Florida, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. Any judgments obtained by such courts may be entered and enforced against you in any jurisdiction where you or your assets are located. You hereby waive any right to couple a claim with the claim(s) of others against Modivhealth. Any legal action concerning this Agreement or the Site must be brought by you within one (1) year after the claim or cause of action arises. If any provision of this Agreement is held to be invalid or unenforceable such provision shall be struck and the remaining provisions shall be enforced. Modivhealth’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent and/or similar breaches.