These terms of service (these “Terms”) govern our provision and your use of services identified below (the “Services”). “We” or “us” or “our” means My Treatment Network, LLC d/b/a My Vein Treatment. “You” or “your” means the entity or person that accepts these Terms as set forth below.
DESCRIPTION OF SERVICES AND SERVICE PLAN |
If you select the Basic plan at checkout: a single text-only listing for one doctor on our specialty physician/clinic directory at myveintreatment.com including your clinic’s website URL and telephone number. You may purchase additional listings (at the same annual price for each) if you wish to place a listing for your clinic or for more than one doctor. At our discretion, from time to time during the Order Form Term specified below, we may include your listing(s) in advertisements on third-party platforms for your clinic and/or services. If you select the Premium plan at checkout: all features of the Basic plan, plus (1) managed listing services that include completing a listing on your behalf and syndicating it to a network of dozens of websites; (2) human review of your listing for accuracy every three months; (3) subject to appropriate HIPAA protections entered into separately between you and our third-party provider, automated review generation from patients following their appointment with you; and (4) standard support via email during our regular business hours. For both Basic and Premium plans: you can add additional listings to your account at any time during the Order Form Term specified below. At checkout, you will be billed a pro-rated amount for each additional listing based on the amount of time remaining in the Order Form Term when you purchase such listing. |
ORDER FORM TERM |
Twelve (12) months beginning on the date you accept these Terms as described below. |
FEES |
If you select the Basic plan at checkout: $299 per listing per monthIf you select the Premium plan at checkout: $399 per listing per month |
PAYMENT TERMS |
Payable monthly in advance during the Term. First payment for each listing due at checkout. |
These Terms are subject to the additional terms and conditions specified on Exhibit A hereto. Together, these Terms and the terms and conditions on Exhibit A are referred to as “these Terms” or “this Agreement.”
THESE TERMS CONSTITUTE A BINDING CONTRACT AND GOVERN YOUR USE OF AND ACCESS TO THE SERVICES. By accepting these Terms, either by accessing or using the Services, completing the checkout process, or providing profile information to us to open your account, you agree to be bound by these Terms. If you do not agree with all provisions of these Terms, you must not accept these Terms and may not use any of the Services.
Exhibit A
Terms and Conditions
Effective As Of November 1, 2023
- USE OF THE SERVICE
- Use of the Service. Subject to the terms and conditions of these Terms, we agree to provide you the Services, which you may use solely in connection with your business operations. Your rights to use the Services are subject to any limitations based on the plan or version of the Services you register or that may be specified on the first page containing the order details (collectively, the “Scope Limitations”) and your rights to use the Service are contingent upon your compliance with the Scope Limitations and these Terms. You are solely responsible for your conduct, any data you provide in connection with the Services (collectively, “Your Data”), the content and accuracy of Your Data, and all communications with others while using the Service. Except as otherwise provided in these Terms, You, and not us, are responsible for the availability, accuracy, appropriateness, or legality of Your Data or any other information you may provide in connection with the Services.
- Acceptable Use. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) rent, lease, or, except as explicitly set forth in these Terms, otherwise permit third parties to use the Services; (b) use the Services to provide services to third parties as a service bureau or in any way that violates applicable law; (c) circumvent or disable any security or other technological features or measures of the Services, or attempt to probe, scan or test the vulnerability of a network or system, or to breach security or authentication measures; (d) upload or provide for processing any information or material that is false, misleading, illegal, defamatory, offensive, abusive, obscene, or that violates privacy or intellectual property rights of any third party; (e) use the Services to harm, threaten, or harass another person or organization; (f) send, store, or distribute any viruses, worms, Trojan horses, or other disabling code or malware component harmful to a network or system; (g) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents; (h) attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures; or (i) use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us. You will not copy, reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Services or any underlying software. You will neither alter nor remove any trademark, copyright notice, or other proprietary rights notice that may appear in any part of the Service and will include all such notices on any copies.
- Accounts. We may provision one or more accounts and access credentials to you. You may not share your account or access credentials with anyone else. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login and account.
- Third-Party Components. You acknowledge and agree that certain features and content of the Services are provided or enabled by third-party service providers or patients (“Third-Party Components”), over whom we exercise no control or authority. Such Third-Party Components are provided via automated means to us, with no oversight or capability for oversight on our part. We cannot and do not assume any responsibility or liability whatsoever for any Third-Party Components. Except as may be stated explicitly in Section 7 of these Terms, the Services are provided “AS-IS” without indemnification, support or warranty of any kind, expressed or implied.
- Reservation of Rights. We retain all right, title, and interest in and to the Services, all underlying technologies, and all related intellectual property rights, including without limitation any modifications, updates, customizations, cards, apps, or other add-ons. Your rights to use the Service on are limited to those expressly set forth in these Terms. We reserve all other rights in and to the Service and its underlying technologies.
- Technical Requirements.You may need certain software and Internet access to be able to access the Services. Acquiring, installing, maintaining and operating such software and Internet access is solely your responsibility. We neither represent nor warrant that the Services will be accessible through all web browser releases or operating systems.
- Service Availability. You are responsible for making Your Data available that is necessary for us to provide the Service. We will attempt to provide the Services at all times, except for periods for maintenance and repair or in the case of emergencies or outages. The Services may be subject to unavailability for a variety of factors beyond our control including, without limitation, emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users, data, our systems, or the Services. The accuracy and timeliness of data received is not guaranteed.
- TERM; RIGHT TO RESTRICT OR TERMINATE ACCESS
- Term. The term applicable to your use of the Services will be yearly unless specified on the first page otherwise (the “Term”). The Term will automatically renew for consecutive periods of equal duration unless you or we notify the other of its desire to non-renewal the Term at least 15 days prior to the end of the current Term.
- Termination. Either you or we may terminate the Services (a) if the other party materially breaches these Terms and fails to cure such breach within 30 days of written notice of such breach or (b) as may otherwise be permitted by these Terms.
- Post-Termination Obligations. Following any expiration or termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Termination of these Terms does not affect your right to pay any amounts previously owed to us. Upon termination, we may delete all of your data, and other information stored on our servers. Sections 1.5, 2.3, 5.2, 6, 8, 9, 10, and 11 will survive termination.
- CHANGE TO THE TERMS. We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting a notification within the Services or by contacting you via email at the address you provided. As your next use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide all registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account. Your use or continued use of the Services following the posting or notice of any changes to these Terms shall constitute your acceptance of the changed Terms.
- FEES.
- Payments. You will pay the fees in the amount and at the time specified on the first page of these Terms. If no payment date is otherwise specified, you will pay all invoices issued within 30 days from the invoice date. A late charge of the lesser of 1.5% per month or the maximum amount permitted by law will be added to past due accounts until paid in full. All reasonable costs and expenses, including but not limited to attorneys’ fees, court costs and service charges incurred by us in collecting payment will be paid by you. Credit terms are at our discretion and are subject to change. You are responsible for all taxes associated with your purchase except taxes on our income. You will pay only in United States currency and are not entitled to set off any fees against any other amounts for any reason.
- Authorization to Charge Payment Card on File. If you pay by credit card or certain other payment instruments, you hereby authorize our processor to bill your credit card or other payment instrument on file on a recurring basis, in advance, in accordance with the payment terms set forth on the first page of these Terms.
- Non-Refundable. All payments are non-refundable except in case of termination by you under Section 2.2(a) of this Agreement.
- DATA
- Data Transmission. We use commercially reasonable efforts designed to protect Your Data. You acknowledge that use of the Services involves transmission of Your Data and other communications over the Internet and other networks, and that such transmissions could potentially be accessed by unauthorized parties due to the inability to protect against all threats at all times arising from the use of the internet. You must protect your login name and password from access or use by unauthorized parties, and are solely responsible for any failure to do so. You must promptly notify us of any suspected security breach at support@myveintreatment.com.
- Your Data. Your Data is your property. We use data in accordance with our privacy policy found at www.myveintreatment.com. You grant us a non-exclusive, worldwide, perpetual, royalty-free license to use, copy, transmit, sub-license, index, store, aggregate, and display Your Data as required to provide or perform the Services, account management and support services, and technical services, and to publish, display, and distribute de-identified information derived from Your Data and from your use of the Services for any lawful purposes, including, without limitation, improving our products and services, developing new products and services, and developing, displaying, and distributing benchmarks, analysis and similar reports, provided that we do so in accordance with all applicable laws.
- Removal of Data. If we are required by any third-party rights holder to remove any data, content or information, or receive information that any data, content or information provided to you may violate applicable law or third-party rights, we may discontinue your access to such data, content or information through the Services, and/or may notify you that you must discontinue all use of such data, content or information, and to the extent not prohibited by law, you will do so and promptly remove such data, content or information from your systems. We may disable access to the applicable data, content or information or Service until the potential violation is resolved.
- CONFIDENTIALITY.
- Definitions. “Confidential Information” means any nonpublic information that a reasonable person would know should be kept confidential in light of the nature of its contents or circumstances of its disclosure. Our Confidential Information includes any usernames or passwords we issue to you or that you create, as well as the non-public aspects of the Services and any of our business, technical or financial information. “Disclosing Party” means the party disclosing Confidential Information hereunder, whether such disclosure is directly from Disclosing Party or through Disclosing Party’s employees or agents. “Recipient” means the party receiving any Confidential Information hereunder, whether such disclosure is received directly or through Recipient’s employees or agents. Confidential Information does not include information that: (a) is already known to the Recipient without restriction on use or disclosure prior to receipt of such information from the Disclosing Party; (b) is or becomes generally known by the public other than by breach of these Terms by, or other wrongful act of, the Recipient; (c) is developed by the Recipient independently of, and without reference to, any Confidential Information of the Disclosing Party; or (d) is received by the Recipient from a third party who is not under any obligation to the Disclosing Party to maintain the confidentiality of such information.
- Requirement of Confidentiality.The Recipient agrees that it will use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to: (a) not disclose or otherwise make available Confidential Information of the Disclosing Party to any third party without the prior written consent of the Disclosing Party, provided that the Recipient may disclose the Confidential Information of the Disclosing Party to its, and its affiliates’, officers, employees, consultants and legal advisors who have a “need to know,” who have been apprised of this restriction and who are themselves bound by nondisclosure obligations at least as restrictive as those set forth in this Section 6; and (b) use the Confidential Information of the Disclosing Party only for the purposes of performing its obligations or as otherwise authorized under these Terms. The Recipient will promptly notify the Disclosing Party in the event it becomes aware of any loss or disclosure of any of the Confidential Information of Disclosing Party. The Recipient may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Recipient gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted). The obligations in this Section 6 will survive termination and continue for a three year period thereafter, or if the information constitutes a trade secret, indefinitely.
- Feedback. The Services may permit you to or you may otherwise submit feedback, suggestions, enhancement requests, recommendations, and messages relating to the use and operation of the Services. You agree we may freely use and exploit the Feedback without any requirement of confidentiality, other restriction or any duty of accounting.
- WARRANTY; DISCLAIMERS
- Limited Services Warranty. We warrant that Services will substantially conform to the written specifications we make available from time to time under normal use and circumstances. Your exclusive remedy and our sole obligations for any breach of the foregoing warranty is the repair or re-performance of the relevant Services so that they comply with the foregoing warranty or for you to terminate your use of the Services. We are not responsible for any misuse of the Services or for any issues that arise from any third party product or service.
- Warranty Disclaimer. EXCEPT AS SPECIFIED IN SECTION 7.1, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT MAKE ANY ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR THAT OPERATION OR USE OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. WE EXERCISE NO CONTROL OVER AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF OR BASED UPON THE RESULTS OF USE OF THE SERVICES OR ANY ASSOCIATED DOCUMENTATION.
- INDEMNIFICATION. You agree to defend, indemnify and hold us, our affiliate companies, and each of our respective directors, officers, employees, contractors, agents, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to (i) any violation of these Terms by you; (ii) Your Data or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any applicable laws or rights of another; (iv) your negligent or more culpable conduct; or (v) your use of the Services. We may, at our own expense, elect to assume the exclusive defense and control of any third party claim otherwise subject to defense by you. You may not settle or compromise any claim subject to this Section 8 without our prior written consent in our sole discretion.
- LIMITATIONS OF LIABILITY
- Disclaimer of Indirect Damages. UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“PROVIDER PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM PERSONAL INJURY, DEATH, LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
- Cap on Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PROVIDER PARTIES’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY YOU UNDER THESE TERMS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM.
- Exception. Some states or jurisdictions may not allow the exclusion or the limitation of liability. In such states or jurisdictions, the Provider Parties’ liability to you shall be limited to the full extent permitted by law.
- Independent Allocations of Risk. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of these terms between the parties. This allocation is reflected in the pricing offered by us to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this Section 9 will apply notwithstanding the failure of essential purpose of any limited remedy in these terms.
- CONSENT TO ELECTRONIC COMMUNICATIONS
- Consent. You agree that we may send the following to you by email or by posting them on our website: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that we may contact you via email, phone, text, or mail regarding your subscription or the Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and us.
- Updating your Consent. If you later decide that you do not want to receive certain future communications electronically, please send an email to support@myveintreatment.com. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from us. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
- GENERAL PROVISIONS
- Access by Competitors. You may not use the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purpose.
- U.S. Government Use. If the Service is licensed under a United States government contract, you acknowledge that the Service is a “commercial item” as defined in 48 CFR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are defined in FAR Section 2.101 and Section 252.227-7014 of the Defense Federal Acquisition Regulation Supplement (48 CFR 252.227-7014) and used in 48 CFR 12.212 or 48 CFR 227.7202-1, as applicable. You also acknowledge that the Service is “commercial computer software” as defined in 48 CFR 252.227-7014(a)(1). United States government agencies and entities and others acquiring under a United States government contract will have only those rights, and will be subject to all restrictions, set forth in these Terms.
- Relationship. We will be and act as an independent contractor (and not as the agent or representative of you) in the performance of these Terms.
- Assignment and Delegation. You may not assign any of your rights or delegate any of your obligations under these Terms (in whole or in part) without our prior written consent, except in connection with a change of control, merger, or by operation of law. Your assignment or delegation will not relieve you of your obligations under these Terms nor release you of your liability under these Terms. We may voluntarily, involuntarily, or by operation of law assign any of our rights or delegate any of our obligations under these Terms without your consent. Any purported assignment or delegation in violation of this Subsection will be null and void. Subject to this Subsection, these Terms will bind and inure to the benefit of each party’s respective permitted successors and permitted assigns.
- Notices. Any notice required or permitted to be given in accordance with these Terms will be effective if it is in writing and sent by certified or registered mail, or overnight courier, return receipt requested, to the appropriate party at the address at the address provided by the other party and with the appropriate postage affixed. Either party may change its address for receipt of notice by notice to the other party in accordance with this Subsection. Notices are deemed given two business days following the date of mailing or one business day following delivery to a courier.
- Force Majeure. We will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control.
- Governing Law. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Florida, without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Subject to the venue requirements of the arbitration section, you consent to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia, USA.
- No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.
- Waiver and Modifications. Failure, neglect, or delay by a party to enforce the provisions of these Terms or its rights or remedies at any time, will not be construed as a waiver of the party’s rights under these Terms and will not in any way affect the validity of the whole or any part of these Terms or prejudice the party’s right to take subsequent action. Exercise or enforcement by either party of any right or remedy under these Terms will not preclude the enforcement by the party of any other right or remedy under these Terms or that the party is entitled by law to enforce.
- Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the use of the Service under these Terms is found to be illegal, unenforceable, or invalid, your right to use the Service will immediately terminate.
- Headings. Headings are used in these Terms for reference only and will not be considered when interpreting these Terms.
- Entire Agreement. These Terms contain the entire agreement of the parties with respect to the subject matter of these Terms and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.