AGREEMENT BETWEEN USER AND MEDMARK, LLC.
RESTRICTED TO ADULTS AND DENTAL PROFESSIONALS
You must be at least 18 years of age to use the Website. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to the Website by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults. Use of portions of the Website that require an account and you to log in are intended for and restricted to dental and medical professionals.
The Website does not clinically evaluate or perform credentialing of the Professional participants, because the Professional participants are not practicing medicine or providing medical advice about individual-specific treatment matters with patients. Our communities are restricted to dental or healthcare professionals only and consumers are restricted from creating an account on our Website.
When we receive an e-mail, we make reasonable efforts to respond in as timely a manner as possible but MedMark does not guarantee that it will respond to all inquiries. We reserve the right to ignore or delete any information including, without limitation, information that is fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person. You should be aware of the general risks of transmitting information over the Internet. While we attempt to prevent unauthorized persons from accessing our files or tampering with our site, we cannot guarantee that these efforts will always be successful or that information will be transmitted without interruption or error and MedMark specifically disclaims any liability with respect thereto.
The Website is one way for you to gather general dental/medical information and to make contact with certain clinics or hospitals or other contracting sponsors in your area who have arranged to post advertisements on, and make other information available through our Website (the “Sponsors”). Our relationships with a Sponsor in a particular area are based on factors we establish. Sponsor information may be displayed based on the zip code where you reside. All information regarding a specific Sponsor has been provided by that Sponsor.
We contract with Sponsors for a fee and such fee is not based on the volume or value of any services Sponsors may or may not provide to our users. We do not endorse, credential or accredit the services our Sponsors advertise and make no representations or warranties about the type of services, quality of care, source of payment or billing practices of our Sponsors. We do not verify or update the licenses, accreditations, certifications or other permits and approvals of any Sponsor. You are responsible for all activities between you and a Sponsor.
If you indicate that you wish information about or from a Sponsor, or to be contacted by a Sponsor, this information is passed along to the Sponsor. We also provide to our Sponsors general information about the users who contact our Website.
CONTACTS WITH OTHERS WEBSITES
Our Website may include or provide links to other websites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, we do not represent to you that we have investigated the content of such information, opinions or recommendations, and thus you understand and agree that our Website does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that MedMark has no control over such sites and is not responsible for the availability of such external sites. You also acknowledge and agree that we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You should contact the site administrator or Webmaster for other websites if you have any concerns regarding such links or the content located on such other websites.
MedMark strives to be a valuable resource of timely information for our users. We cannot ensure that information we provide is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic.
COPYRIGHT AND TRADEMARK
All text and images are Copyright© MedMark, LLC. The names on our Website(s) and associated logos are proprietary trademarks and service marks of MedMark.
The Website contains information, software, text, photographs, graphics and other material that are protected by copyright, trademark or other proprietary rights of MedMark. All content on the Website is copyrighted as a collective work pursuant to applicable copyright law. You are granted a limited nonexclusive license to use the information for your personal and noncommercial use. Otherwise, you may not copy, store in an electronic form, modify, print, transmit, sell or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any materials is expressly prohibited without prior written consent from MedMark. You may hyperlink to the Website provided that the link is to the “home” page of the Website.
The Website may include an interactive portion that allows users to submit information and materials. Users shall not provide copyrighted or other proprietary information without permission from the owner of such material or rights and shall be solely responsible for any damages resulting from such disclosures. Users shall be solely responsible for obtaining such permission and agree to indemnify MedMark and its subsidiaries, officers, members, agents, and assigns for any claim that information or materials submitted by you infringe any third-party intellectual property right. You grant MedMark a nonexclusive license to use, copy, edit, modify, transmit, distribute and to create a derivative work of any information or material submitted by you through the Website, including but not limited to distribution in MedMark’s electronic and print newsletters and magazines.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us along with the copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
MedMark’s Copyright Agent for Notice of claims of copyright infringement can be reached at: +1-866-579-9496 by telephone; or by email: firstname.lastname@example.org
We may adopt and revise policies from time to time governing the conduct of our users, including, without limitation, when they exchange messages or information, participate in chat sites or community forums, which policies are incorporated by reference into this Agreement as noted above. We have the right, but not the obligation, to review, modify, block or delete any postings or messages we consider to be potentially defamatory, obscene, harassing, abusive, threatening or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Website. You agree not to use the Website or information from other users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. If you post information, or other materials on the Website, you agree and represent and warrant that you have all rights under applicable law, including without limitation, copyright, trademark, trade secret, or other intellectual property laws, that permit you to provide this information on the Website and that we and all users have the right to download and use that information, software or other materials. You warrant to MedMark that you will not use them for any purpose that is unlawful or prohibited by this Agreement of use in any manner.
USE OF MESSAGE BOARDS
The Website may include one or many community message boards. To access the message boards, and certain areas of each community, you will be required to create an account on our Website. You will need to select a user name and password; the username that you select is the name that appears when you post on the message board. It can be any name that you select, as long as someone else has not selected that name before you. Your password, like your username, is only for logging into the communities. It can be anything you want it to be. If you are an AOL user, it does not have to be your AOL password, and in fact, we suggest that you not use your AOL password.
Considering the real-time nature of the message board(s), MedMark cannot review messages or confirm the validity of information posted. We do not actively monitor the contents of posted messages, are not responsible for any messages posted, do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of the Administrators or any entity or individual associated with MedMark. Any user who feels that a posted message is objectionable is encouraged to contact the Administrators immediately by email. The Website Administrators may in their discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular messages may not occur immediately.
USE OF CLASSIFIED ADS
The Website may include a community Classified Ad section. In order to post an ad in this section you will be required to select a user name and password. In order to edit or delete your ad the user must be logged in with the same account information as when the original ad was posted.
Considering the real-time nature and volume of traffic on this website, the administration cannot review ads or confirm the validity of information posted. The administration does not actively monitor the contents of ads posted, is not responsible for any ads posted, does not vouch for or warrant the accuracy, completeness or usefulness of any message or content of ad, and is not responsible for the contents of any ad. Buyer Beware and due diligence is recommended before purchases are made from any classified ad. Any user who feels that any posted ad is objectionable is encouraged to contact the website’s administrator immediately by email. We may in our discretion remove such material, but neither the removal nor the failure to do so shall result in liability to anyone. Because removal is a manual process, removal or editing particular ads may not occur immediately.
You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. You remain solely responsible for the transactions of Classified Ads, and you agree to indemnify and hold MedMark harmless with respect to any claim based upon transactions of goods sold through the Website. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a formal subpoena arising from any fraudulent act committed by you with regard to a classified ad.
LIMITATION OF WARRANTY
INFORMATION SUPPLIED BY OUR WEBSITE IS PROVIDED “AS IS, AS AVAILABLE” AND NEITHER MEDMARK, LLC NOR ANY OF THE PROFESSIONAL PARTICIPANTS, INCLUDING WITHOUT LIMITATION OUR DOCTORS AND SPONSORS, MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THE WEBSITE OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. YOU HEREBY ALSO AGREE THAT FARRAN MEDIA, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THIS WEBSITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH MEDMARK, LLC OR ITS SUBSIDIARIES. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF MEDMARK, LLC OR ITS SUBSIDIARIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.
MEDMARK, LLC CANNOT AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING ERRORS, OMISSIONS, DELAYS OR OTHER DEFECTS IN THE INFORMATION SUPPLIED TO OTHERS, OR THAT ITS FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS. THE FOREGOING IS IN ADDITION TO ANY OTHER LIMITATIONS AND DISCLAIMERS SET FORTH ELSEWHERE IN THIS AGREEMENT.
IN ADDITION TO ANY OTHER INDEMNIFICATIONS BY YOU SET FORTH ELSEWHERE IN THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MEDMARK, LLC, ITS MEMBERS, ITS AFFILIATES, AND MEDMARK, LLC AND ITS AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY CLAIM, DEMAND, OR CAUSE OF ACTION, INCLUDING ATTORNEYS’ FEES ARISING OUT OF CLAIMS BASED ON ANY ASPECT OF YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, (I) CLAIMS BASED ON DEFAMATION OR OTHER CONDUCT BY YOU IN USING THE WEBSITE, OR (II) YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY LAWS INCLUDING WITHOUT LIMITATION THOSE RELATING TO COPYRIGHT, TRADEMARKS OR TRADE SECRETS.
If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from our Website shall be governed by the laws of the United States of America and the State of Arizona. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from MedMark shall be brought exclusively in the United States District Court, Arizona District, Maricopa Division or the Circuit Court for Maricopa County, Arizona, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its right to a jury trial with respect to any action brought under or in connection with this Agreement. Any notice to MedMark shall be given in writing and sent by certified and registered mail to MedMark, LLC, 15720 N. Greenway Hayden Loop, #9, Scottsdale, AZ 85260 Attn: Lisa Moler, President.
This Agreement constitutes your entire agreement with our website(s) and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this agreement takes effect on your first use of the Website(s), and that it applies to all persons accessing the Website(s) from your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to use the Website. MedMark has the right to amend this Agreement at any time without notice to you by making changes to this Agreement as posted. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Website, such terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after such claim or cause of arose.
You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. A printed version of this agreement will be admissible in any proceeding relating to this Agreement to the same extent as other business documents and records generated and maintained in printed, hard copy form. Notwithstanding any provisions of this Agreement, MedMark has available all remedies at law or equity to enforce this Agreement. There are no representations, promises, warranties or undertakings by MedMark contrary to those set forth above.
To comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you agree that you will not submit any information or materials containing Protected Health Information (“PHI”). PHI is information or materials relating to an individual’s medical condition or care and from which an individual can be identified. You further agree to indemnify, defend and hold harmless MedMark and its affiliates and their respective officers, directors, agents and employees from, for and against any claim, demand or cause of action, including payments of reasonable attorneys’ fees and costs arising out of or related to any violation of HIPAA or failure to comply with the terms of this section. If MedMark determines that you have distributed PHI on the Website without de-identifying it as required by HIPAA, it will so notify you and may suspend or terminate your right to access the Website.
If you encounter a blog that you believe violates our content policies, please report it to us using the ‘Report Abuse’ link located at the top of each blog and within each post.
Your privacy concerns are important to MedMark. This Policy is designed to provide you with the information you need to control your personal information.
- You may use our Website as long as you provide us the required information which identifies you, such as your name, address, office phone number, school you graduated from, field of practice, title, and similar information. We refer to these types of information as “Personally Identifying Information.” To use certain portions of the Website, you will need to register with this information in order to gain access. Your user name is not considered Personally Identifying Information and you will have the ability to show only your username or publicly displayed name on the Message Board forums and remain anonymous if you choose so. You are responsible for ensuring that your user name and password are not used without your authorization.
- We may request general information, such as your State and zip code, in order to identify the sponsor for your area, and for statistical purposes. For convenience, this information may be stored on your hard drive in a “cookie file.” If you wish to block or delete such files, most browsers provide a method for doing so; however, you may be restricted from logging in to our Website. This type of general information, as well as information concerning the websites from which users visit our site, and other similar information, may be provided to third parties in aggregate form.
- We reserve the right to use, without Personally Identifying Information, any questions, comments, photos, or other information submitted by users, in electronic or print materials, or magazine articles, commentaries, research or similar ways. Users may be identified by user name or publicly displayed name.
- We will use Personally Identifying Information provided by you for the purpose for which it is given to us. For example, to respond to a request for further information, or to have a Sponsor contact you at your request. We will not sell or rent your Personally Identifying Information.
- MedMark’s policy is that our Website may be used only by healthcare professionals who are over the age of 18. We do not collect any information from children. However, if a parent learns that a child has submitted Personally Identifying Information to our website, the parent should contact us and that information will be deleted.
- While MedMark makes every attempt to prevent unauthorized persons from accessing our files or tampering with our website, we cannot guarantee that these efforts will always be successful or that your information will not be lost, misused or altered. We are not responsible for any breach of security or any action by a third party that receives the information.
I HAVE READ THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Effective June 1, 2016
As per mandates from FEDERAL TRADE COMMISSION, 16 CFR Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this document is to establish any compensatory affiliation with America’s Best 401K whose products are being promoted on this site, including but not limited to http://americasbest401k.com, http://americasbest401k.com/fee-checker-medmark/ and http://americasbest401k.com/medmark.
MedMark LLC is affiliated with America’s Best 401K whose products are being promoted on this site, including but not limited to http://americasbest401k.com, http://americasbest401k.com/fee-checker-medmark/ and http://americasbest401k.com/medmark as a Marketing Affiliate and receives compensation for sales of products and services found on this site, including but not limited to any services provided by and through America’s Best 401K.