Med Pass Practice

MED PASS TERMS AND CONDITIONS

The MedPass application (the “App”) is owned and operated by Med Pass Practice, LLC (“Company”, “we”, “our” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the App on all platforms, including any content, functionality and services it offers (the “Services”), whether as a guest or registered user.

1. Acceptance of Terms and Conditions

Please read these Terms and Conditions carefully before using the App and using the Services. These Terms and Conditions set forth the legally binding terms and conditions for your use of the App. By using the App in any manner, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms and Conditions or the Privacy Policy, you are not permitted to access or use the App.

2. Changes and Modifications

Company reserves the right, at our sole discretion, to modify or replace these Terms and Conditions by posting updated terms on the App. Your continued use of the App after any such changes constitutes your acceptance of the new Terms and Conditions. Please review the App periodically for changes. If you do not agree to any or all posted changes, you must discontinue using the App.

3. Accessing the App and Account Security

We will do our best to ensure that the App is operational at all times, except for periodic down times relating to updates and maintenance. We will not be liable if for any reason the App is unavailable at any time or for any period. You may contact us at the e-mail listed below for customer support issues and will respond within a reasonable time period to all service and help requests. We cannot be held responsible for internet outages, faulty connections, or other connectivity issues.

To access the App or the Services it offers, you may be asked to provide certain registration details or other information.It is a condition of your use of the App that all information you provide is correct, current, and complete. You agree that all information you provide to register with the Company is governed by our Privacy Policyand you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any e-mail account, user name, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

4. External Links and Content

The App may contain links to other sites and resources provided by third parties. These links are provided for your convenience only and include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Apps linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps.

5. User Age Requirement

In compliance with the requirements of Children’s Online Privacy Protection Act (COPPA), we do not collect any information from any person under 13 years of age. If you are aged 13 years or younger, you may not use the App. If you are 13 or older but under the age of 18, you must review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understand it. While persons under the age of 18 may use our Services, only adults may make purchases through the App. If you are under 18, you may only use the Services with the supervision of a parent or guardian. 

6. Copyrights, Trademarks, and Service Marks

The App and its original content, features and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the Company.

7. User Conduct

You agree to use the App for lawful purposes only. You shall not use the App or Services to violate or infringe the rights of others, including posting statements, opinions or advice that are defamatory, vulgar, obscene, profane, invasive of privacy or otherwise objectionable in Company’s sole discretion.  You are not permitted to use the App to solicit business or advertise.  You further agree not to use the App to deter business from a competitor or otherwise engage in unfair business practices or misleading advertising.

You acknowledge that Company may, from time to time, monitor the statements, opinions and advice users post, but that it has no obligation to do so.  Users shall be solely liable for all statements, opinions and advice they post. No statement, opinion or advice posted by users shall be attributed to Company, and Company shall not be held liable as a result.

8. Warranties

The App is intended solely as a reference tool for your entertainment and education. While Company strives to provide the most up-to-date and accurate information, the App is provided as-is and you acknowledge Company does not guarantee the accuracy of any information provided on the App. The App does not offer medical advice and no one should rely on the App for diagnosis or treatment. Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Company does not warrant the App will not be interrupted, and Company reserves the right to discontinue service at any time. 

9. Indemnification and Limitation of Liability

You agree to indemnify and hold harmless the Company from and against any and all losses, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of the Terms and Conditions. You also agree to indemnify and hold harmless the Company from and against any and all claims brought by third parties arising out of your use of the App.

In no event will the Company, its employees, contractors, officers, directors, affiliates or agents, be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the App (or the interruption or termination thereof for any reason), even if foreseeable or if any form of notice has been provided.

10. Violation of this Agreement

Any user who violates this agreement may be blocked from using the App. We may terminate your access to the App without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of these Terms and Conditions shall by their nature survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law & Dispute Resolution

You expressly agree that all matters relating to the App, the Privacy Policy, these Terms and Conditions and any dispute or claim related thereto, shall be governed by and construed in accordance with the laws of the State of California.  Any controversy or claim arising out of or relating to this agreement, or a breach thereof, shall be settled exclusively in Los Angeles, California by the American Arbitration Association under its Commercial Arbitration Rules. 

12. Contact Us

For questions regarding these Terms and Conditions, please contact us at sayhi@medpass.com.