Version 1.1 (Florida Only)Changelog
Version 1.1 (Florida Only)PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Use Terms") apply exclusively to your access to, and use of, the Web site of Medivantix Technologies, LLC ("Medivantix"), located at www.PatientsHaveChoices.com or www.Medivantix.com (collectively the "Site") and the information and other services provided therein (the "Services"). These Use Terms do not alter in any way the terms or conditions of any other agreement you may have with Medivantix, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Use Terms on such entity's behalf, and that such entity agrees to indemnify Medivantix for any violations of these Use Terms by you.
Medivantix reserves the right to change or modify any of the terms and conditions contained in these Use Terms or any policy or guideline of the Site, at any time and in its sole discretion. Medivantix will provide notice of these changes by posting the revised Use Terms on the Site and indicating on the Use Terms the date it was last updated. To get additional notice of such changes subscribe to updates with Medivantix to be notified by email. Any changes or modifications to the Use Terms will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using this website and any other Medivantix websites including but not limited to www.PatientsHaveChoices.com and www.Medivantix.com.
If you have any question regarding the use of the Site, please refer all questions or comments to Medivantix Customer Care.
Please refer to our Privacy Policy for information on how the Medivantix collects, uses and discloses personally identifiable information from its users.
By using the Site, you consent to receive e-mails from Medivantix, which may include commercial e-mails provided such e-mails are in accordance with the preferences you select in the e-mail and notifications page of the Site. You may change such preferences by changing your account settings on the e- mail and notifications page of the My Account section of the Site. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account- related e-mails from Medivantix.
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Medivantix logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Medivantix or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Use Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any professional listings, pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Medivantix, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Use Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Medivantix has adopted a policy of terminating, in appropriate circumstances and at Medivantix's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Medivantix may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any material on the Site infringes upon any copyright, which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
| Name of Agent Designated to Receive Notification of Claimed Infringement: | Steven R. Kozlowski, ESQ |
| Full Address of Designated Agent to Which Notification Should be Sent: | 777 Brickell Avenue, Suite 800, Miami, FL 33131 |
| Telephone Number of Designated Agent: | (305) 673-8988 |
| Facsimile Number of Designated Agent: | (305) 673-8668 |
| E-Mail Address of Designated Agent: | copyright@medivantix.com |
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
Medivantix, the Medivantix logo, PatientsHaveChoices.com and any other product or service name or slogan contained in the Site are trademarks of Medivantix and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Medivantix or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Medivantix" or any other name, trademark or product or service name of Medivantix without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Medivantix and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Medivantix names or logos mentioned in the Site are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Medivantix, any of its products and services, or any professional or professional services entity in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Medivantix logo or other proprietary graphic of Medivantix to link to this Site without the express written permission of Medivantix.
Further, you may not use, frame or utilize framing techniques to enclose any Medivantix trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Medivantix's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Medivantix or any third party.
Medivantix makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Medivantix and Medivantix is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Medivantix provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Medivantix of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Medivantix offers optional Premium Member Services. By selecting a Premium Service you agree to pay Medivantix the subscription fees indicated for that service. Payments will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that annual or monthly payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the monthly recurring charge will be the then current subscription fee applicable to the Premium Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Premium Services must be cancelled prior to your next billing period in order to avoid billing of the next month's Premium Service fee. All cancellations must be received in writing by email (cancel@Medivantix.com) or by Certified Return Receipt U.S. mail (777 Brickell Avenue, Suite 708 Miami, FL 33131. ATTN: Cancellations). Premium Service fees are not prorated or refundable.
If your payment method fails or your account is past due, Medivantix reserves the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to Medivantix within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
INFORMATION POSTED OR MADE AVAILABLE ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY RESPONSES TO MEDICAL QUESTIONS, COMMENTS, OPINIONS, RECOMMENDATIONS, ANSWERS, ANALYSIS, REFERENCES, REFERRALS OR MEDICALLY-RELATED CONTENT OR INFORMATION (COLLECTIVELY "HEALTH INFORMATION") IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE. SUCH INFORMATION SHOULD BE USED ONLY AS A STARTING POINT FOR ADDRESSING YOUR MEDICAL CARE NEEDS. IT IS NOT A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD NOT DISREGARD MEDICAL ADVICE FROM YOUR DOCTOR, OR AVOID OBTAINING MEDICAL CARE, DUE TO ANY HEALTH INFORMATION YOU OBTAIN ON THE SITE. YOU UNDERSTAND THAT QUESTIONS AND ANSWERS OR OTHER POSTINGS TO THE SITE ARE NOT CONFIDENTIAL AND ARE NOT SUBJECT TO DOCTOR-PATIENT PRIVILEGE.
Medivantix may select, screen and approve or limit who can post Health Care Provider Information ("Provider Information"). In addition we reserve the right to review, remove or edit any content from the site posted by Providers. As a result, we have limited control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Provider Information or the qualifications of those posting Provider Information.
MEDIVANTIX SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON PROFESSIONAL INFORMATION IS SOLELY AT YOUR OWN RISK.
THE SITE, THE SITE MATERIALS (INCLUDING ANY PROVIDER INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEDIVANTIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. MEDIVANTIX DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MEDIVANTIX DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While Medivantix endeavors to provide and to allow others to provide useful information regarding providers and health care services, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that professional and other information may be incomplete or may contain inaccuracies and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that information contained in a provider's profile, such as descriptions and other data, summaries or descriptions on the Site, are based on the data obtained by or submitted to Medivantix, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to Medivantix.
MEDIVANTIX IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION PROVIDER PROFILE INFORMATION OR HEALTH CARE PROVIDER INFORMATION.
WHILE MEDIVANTIX ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, MEDIVANTIX CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Medivantix reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any professionals, professional service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Medivantix.
IN NO EVENT SHALL MEDIVANTIX OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MEDICAL OUTCOMES, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONT AINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMIT A TION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MEDIVANTIX OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MEDIVANTIX'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF MEDIVANTIX, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, P ASSIVE OR IMPUTED), PRODUCT LIABILITY , STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MEDIVANTIX FOR ACCESS TO OR USE OF THE SITE OR MEDIVANTIX SERVICES.
Medivantix or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Medivantix may post third party content or allow users to post their content or third party content to the Site including without limitation Provider Information (such content is collectively referred to as "Third Party Content"). Medivantix does not monitor or have any control over any Third Party Content or third party Web sites. Medivantix does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. Medivantix does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk.
The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the "Third-Party Services"), including without limitation information related to health care provider services. Medivantix is merely an information provider. Therefore, Medivantix makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Medivantix assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Medivantix is not responsible or liable for any Third-Party Services. Without limiting the generality of the foregoing, imagery, information and services from Maps are supplied by Google, Inc. and Microsoft Bing and your use thereof is subject to the applicable Google terms of use agreement.
Medivantix may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Medivantix, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Medivantix is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Medivantix advertisers on the Site.
It is solely the responsibility of Providers to ensure that any information or advertisements they post or place on the Medivantix website (including without limitation any Provider Information), and any communications they may have with prospective patients through the Site and the Services, fully comply with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law or medicine and those regulating the form, manner or content of communications with clients or patients, advertising, or other matters.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of e-mail or other submissions to Medivantix, or any postings on the Site, are non-confidential and shall become the sole property of Medivantix. Medivantix shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Medivantix, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Medivantix. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself.
You agree to defend, indemnify and hold harmless Medivantix, its corporate affiliates, employees, officers, directors, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the content, your conduct, your violation of these Use Terms or your violation of the rights of any third party.
These Use Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida (even if your use is outside of the State of Florida), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Use Terms shall be filed only in the state and federal courts located in Miami-Dade County, Florida and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Notwithstanding any of these Use Terms, Medivantix reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site. Notwithstanding the foregoing, Premium Service subscriptions will only be terminated by Medivantix if your payment method fails, your account is past due, you breach this agreement and fail to cure such breach within ten (10) days of Medivantix's notice to you thereof, or Medivantix discontinues offering such Premium Service.
If any provision of these Use Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Use Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding the use of the Site, please contact us at Support@Medivantix.com.
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