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.