Privacy Policy

Marketing For Medical, LLC
Terms of Service

Welcome to www.marketingformedical.com. The mobile site, www.marketingformedical.com, and its related social media sites are collectively referred to herein as the “Site”. This agreement (“Agreement”) states the terms of service for your use of the Site and any Services (as defined below) provided through or in connection with the Site. Before using the Site or any Services you must read, agree with, and accept all of the terms and conditions of this Agreement and our Privacy Policy, both of which are incorporated into this Agreement by reference, and included within the definition of “Agreement,” as used herein. If you do not agree to be bound by all of these terms and conditions, then you may not use the Site or any related Services. This Site is owned and operated by Marketing For Medical, LLC (“MFM,” “we,” “us,” and “our,” as applicable). This Agreement applies to all visitors, users, and other parties that access the Site or use the Services (“You”). 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION HEREIN. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  

1. Acceptance of Agreement
You accept and are legally bound under this Agreement by doing any of the following: (1) by clicking “I agree” or its equivalent when such terms are presented on your screen, or (2) by accessing the Services in any way, such as by viewing, downloading, or uploading any content made available via the Services by us, by you, or by others, or (3) by browsing the Site or the Services. You agree that this is an Agreement between independent contractors, and it is not a joint venture, partnership, employer-employee, agent-principal, or franchisor-franchisee relationship. Neither you nor MFM is authorized to bind the other to any contract. We may update or revise this Agreement from time to time. The most current version of the Agreement will be posted on the Site under the link at the bottom of the homepage, so please review this Agreement frequently. Notice of changes to this Agreement will be posted to the Site according to the Notice provisions herein, and your continued use of the Site constitutes your acceptance of such changes.  

2. Description of Service and Content
A. Site and Services. The Site currently provides support for our marketing services that we make available under the brand name “Marketing For Medical” and are more particularly described in Section 2(B) below (“Services”). The Site may include information, descriptions, ordering guidelines, graphical designs, texts, images, themes, layouts, advertising copy, and other features to support these Services (“Content”). Unless explicitly stated otherwise, this Agreement will apply to any new features of or enhancements to the current Service or Content.  
B. Subscription to Services. Certain Services and Content are provided under a subscription-based format. The subscriptions are available in two fields: (i) Estheticians; and (ii) Medical Aesthetics. 
1. Estheticians. The Estheticians subscription includes: (1) Access to the marketingformedical.com/members site; (2) Access to the members-only Facebook group; (3) Monthly industry-curated marketing content; (4) Monthly downloadable templates for use in marketing; and (5) Monthly marketing and industry tips.
2. Medical Aesthetics. The Medical Aesthetics subscription includes: (1) Access to the marketingformedical.com/members site; (2) Access to the members-only Facebook group; (3) Monthly industry-curated marketing content; (4) Monthly downloadable templates for use in marketing; and (5) Monthly marketing and industry tips, tools, and insights.

The Services may change during the term of your subscription. These changes include, but are not limited to, the Content and other features provided under a particular subscription and subscription pricing. The Services are provided to you as of the date your subscription is initiated (“Effective Date”). From time to time, MFM may offer you the ability to upgrade the subscription. At the time your upgrade order is processed, you are bound by the terms and conditions of that particular Service, for the term of that Service. The Services do not include one-on-one marketing consulting. For information on one-on-one marketing consulting, please email us at hello@marketingformedical.com.

C. No Reliance; Third-Party Providers.  
1. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.  
2. The Content and certain tools used for the Services on this Site may be provided by one or more third-party vendors or individual Content providers. You understand and agree that we cannot verify the accuracy of such Content or Services, and we make no representations or warranties to you that the Content is accurate or reliable. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

D. Use of Information. Certain features of the Site allow or require you to upload or otherwise submit to the Site certain types of data, records, histories, notes, and other information, some of which may contain your personally identifiable information (collectively, the “Information”). You grant us and all other persons or entities involved in the operation of the Site, and any of our affiliates or business partners, the right to transmit, monitor, retrieve, store, and use your Information in connection with operation of the Site, provision of the Services, and analytic uses. We cannot and do not assume any responsibility or liability for any Information you submit to the Site, or for the use or misuse of any Information by you or any third party.  

E. Disclosure Compliance. We reserve the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing us to disclose Content or your Information, the identity of anyone posting Content or Information, or publishing or otherwise making available any materials that are believed to violate this Agreement or other law. BY ACCEPTING THE TERMS OF this Agreement YOU WAIVE, RELEASE, AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION WE TAKE DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES. 

3. Accessing the Site and Account Security
To access the Services, you must register an account with us (“Account”). The Services are generally accessible 24 hours a day, seven days a week, except for reasonable periods of time for system maintenance. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts. Even in cases where notification is usually required we may modify, suspend, or terminate access to certain portions of the Services at any time and for any reason without prior notice, in order to protect the system or your Account. We will give you notice in other situations if required by law.  
You are responsible for taking all reasonable steps to ensure that no unauthorized person obtains access to your passwords or accounts. You are responsible for all activities that occur under your password or Account. It is your sole responsibility to: (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Account and password; (3) promptly inform us of any need to deactivate a password; and (4) access your Account over a secure Internet connection. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. Nor are we liable for any loss or damage arising from Information compromised as a result of your lost, stolen, or damaged hardware or software. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, 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 of Use/Service.
We reserve the right to withdraw or amend the Content, and any Service or other material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both making all arrangements necessary for you to have access to the Site or Service, and for ensuring that all persons who access the Site or Service through your internet connection are aware of these Terms of Service and comply with them. You are responsible for backing up your own data. MFM is not responsible or liable for any loss of data You experience. 
We retain the right to suspend or terminate your Account and refuse any and all current or future use of the Service and Content (or any portion thereof) if you provide any untrue, inaccurate, outdated, or incomplete information, or if we reasonably suspect that you have provided untrue, inaccurate, outdated, or incomplete information.  

4. Service Fees.  
A. Fees and Charges. On a recurring basis, MFM will charge the subscription fees for your access to the Services (“Fees”) to the credit card associated with your Account. The Fee may change as MFM modifies its Services, but you will have the right to cancel your subscription to the Services prior to their imposition.  

B. Service Term and Payment Dates. During the term of your subscription, MFM will charge the Fees to your credit card on the same day each calendar month (“Payment Date”). If you cancel your subscription before a Payment Date, you will not receive a refund, and no further charges will be made to your Account on the following Payment Date or thereafter.

C. Service Fee Authorization and Processing. You hereby authorize MFM to charge your credit card or bank account on the Effective Date and on each subsequent Payment Date for payment of your Fees. You understand that your authorization will remain in effect until you cancel it either in writing or by terminating your subscription to the Services. If the above noted Payment Date(s) fall on a weekend or holiday, you understand that the payments may be executed on the next business day. For ACH debits to your checking or savings account, you understand that because these are electronic transactions, these funds may be withdrawn from your account as soon as the above noted Payment Dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF), you understand that MFM may, at its discretion, attempt to process the charge again within thirty (30) days, and you agree to an additional $35.00 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. You acknowledge that the origination of ACH transactions to your bank account must comply with the provisions of U.S. law. You certify that you are an authorized user of the credit card or bank account you identify to us, and you will not dispute these scheduled transactions with your bank or credit card company, so long as the transactions correspond to the terms indicated in this Agreement or in any authorization form you provide to MFM.  

D. Failed Charges. If MFM is unable to process charges to your credit card, or if charges for the Fees are refused by your credit card provider or bank, your Account may enter a collection process. You will then have ten (10) days to process payment to us. If you have not effected payment to us within this time frame, we may suspend or terminate your Account or access to the Services. If your Account has been terminated, you may reactivate it for the purpose of processing final payment.

5. User Contributions 
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, links to third-party websites, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MFM, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

6. Monitoring and Enforcement; Termination
We have the right to:
A. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

B. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for MFM.

C. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

D. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

E. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS MFM AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. Term and Termination.  

A. Term. Unless otherwise stated on the Site, the term of this Agreement is month-to-month (“Term”). If you purchase multiple Services, the Term of this Agreement shall continue in full force and effect until the expiration of the last Service we provide to you, or if this Agreement is terminated.    

B. Termination. You may terminate your Account at any time by deleting your payment information from your Account with us. MFM may terminate this Agreement (i) by giving you thirty (30) days prior written notice, (ii) as expressly stated herein, or (iii) if you materially breach this Agreement for any portion of the Site.  

C. Obligations Upon Termination. Upon termination of this Agreement, your data will be deleted. Any data present on our backup servers will be overwritten. We shall have no obligation whatsoever to provide data to you upon termination of this Agreement.

8. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

A. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

B. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

C. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

D. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy - https://marketingformedical.com/terms 

E. Be likely to deceive any person.

F. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

G. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

H. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

I. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. Assumption of Risk
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES REQUIRES YOUR EXPERIENCE AND JUDGEMENT IN INTERPRETING, USING, OR APPLYING THE CONTENT, THIRD PARTY MATERIALS, AND USER CONTRIBUTIONS IN YOUR BUSINESS. YOU ASSUME ALL RISK RELATED TO ANY AND ALL OF THE FOREGOING.  

10. Ownership, Intellectual Property, and Licenses
Our logo, design, trademarks, and service marks, and other product and Service names are trademarks of MFM, and you agree not to display or use these marks in any manner without our permission. You acknowledge and agree that we own the Site, the Services, and the Content and any software incorporated into the Service and Content, and that the Service and the Content are protected under applicable intellectual property and other laws. You also acknowledge and agree that materials and works contained in the Service and the Content are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  
MFM hereby grants you a limited, personal, non-transferrable, non-exclusive, revocable, license to use our Content incorporated in, made available through the Site or the Services solely in connection with your use of the Services. This license immediately and automatically terminates upon the termination or expiration of this Agreement for any reason.  
These Terms of Service permit you to use the Site for purposes of advertising and promoting your business and for no other use or purposes, whether commercial or otherwise.  

11. Privacy Policy
The collection and use of your personal information by us is subject to our Privacy Policy, which can be found at: https://marketingformedical.com/terms 

12. Restrictions on Use
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to directly or indirectly:

A. access the Site, Service, or Content or use of the Service or Content by automated electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other computer programs that monitor, copy, or download data or other content found on or accessed through the Service, including, without limitation, real-time information feeds or other video, audio, or data content, whether current or archival;

B. upload, post, e-mail, transmit, or otherwise make available any topic, name, material, or information that is unlawful, harmful, infringing, threatening, abusive, harassing, tortious, profane, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; 

C. interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the Service or Content servers or networks connected to the Service or Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Content;

D. use the Services or Content, or collect or store personal data about other users: 

1. in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

2. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

3. to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content standards set forth in Section 8 above;

4. to impersonate or attempt to impersonate the MFM, a MFM employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or

5. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm MFM or users of the Site, or expose them to liability.

13. Indemnity 
You agree to defend, indemnify, and hold harmless MFM, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Site, Service, Content, or User Contributions, your connection to the Service or Site, your violation of the Agreement, or your violation of any rights of another, including third party claims of infringement against MFM for infringing acts by You.

If any portion of the Content is, or in MFM’s opinion is likely to be, accused of infringing, misappropriating, or otherwise violating any third-party intellectual property or similar rights, or if your use of the Content is enjoined or threatened to be enjoined, MFM shall, as your sole right and remedy, (a) obtain the right for you to continue to use the accused Content substantially as contemplated by this Agreement, (b) modify or replace the accused Content, in whole or in part, to seek to make the Content (as so modified or replaced) non-infringing, while providing materially equivalent features and functionality, in which case such modifications or replacements will constitute Content, as applicable, under this Agreement, or (c) by written notice to you, terminate this Agreement with respect to all or part of the Content.

14. No Resale of Service or Content

The Service and the Content are provided to you by us, our affiliates, or suppliers for your personal use, solely for the purposes expressly stated in this Agreement. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of, the use of, or access to the Service or Content.  

15. Modification and Termination of Service and Content
We reserve the right to modify or terminate the Site, Service, and Content (or any part thereof), temporarily or permanently, at any time and from time to time, and with or without notice to you. We retain the right to monitor use of this Site and the Services to determine compliance with the Agreement, as well the right to remove or refuse any Information or Content for any reason in accordance with applicable law. Notwithstanding these rights, you remain solely responsible for your use of the Site. You agree that we shall have the right, in our sole discretion, to terminate or suspend your access to or use of the Site, the Services, or any part thereof temporarily or permanently, at any time and from time to time, and with or without notice, for any reason whatsoever including, without limitation, quality assurance or if we believe that you have violated or acted inconsistently with the letter or spirit of any provision of this Agreement. You also agree that we will not be liable to you or to any third party for any modification, termination, or suspension of access to the Site, Services, or Content.  

16. Links

The Service and Site may contain links to other third-party web sites, resources, or tools. We have no control over such sites and resources, and you acknowledge and agree that we bear no responsibility for the availability of such external sites or resources, do not endorse, and bear no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources.    

17. Disclaimer of Warranties 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

A. YOUR USE OF THE SERVICE, CONTENT, AND SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE ARE NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, INACCURACY, INTERRUPTION, OR MIS-DELIVERY OF ANY PART OF THE SERVICE OR CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

B. WE MAKE NO CLAIM THAT THE SERVICE OR CONTENT WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE AND CONTENT MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. WE MAKE NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.   

C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Agreement. 

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  

18. Limitation of Liability 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR OUR subsidiaries, affiliates, officers, agents, co-branders, or other partners, MEMBERS, employees, AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SITE, SERVICE, OR CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, SERVICE, OR CONTENT, INCLUDING ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; (iv) YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, YOU AGREE THAT OUR TOTAL, AGGREGATE, AND COMPLETE LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT IN NO EVENT SHALL EXCEED THE total AMOUNTS ACTUALLY PAID BY YOU to us in the six (6) months immediately preceding such breach or the events giving rise to such claims. ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 
Each party is a sophisticated purchaser and acknowledges and agrees that the allocation of risks in this Agreement are reflected in the fees and expenses charged under this Agreement, and that higher charges would be made but for limitation of liability set forth in this Section 18 and throughout this Agreement, and that the allocation of risks under this Agreement are reasonable and appropriate under the circumstances.

19. Notice 
The Site or the Service may provide notices to you via either e-mail or regular mail, and the Service may provide notices of changes to the Agreement or other matters by displaying notices or links to notices on the Site (“Notice”).  

20. Dispute Resolution  
A. Arbitration. Any controversy or claim arising out of or relating to this Agreement and/or the Service, or the negotiation, formation, performance, or breach thereof, shall be determined by arbitration administered by the American Arbitration Association under its rules. All arbitration matters and related proceedings shall be conducted in strict confidence and conducted exclusively in Hillsborough County, Florida. The arbitration shall be conducted by a single arbitrator selected by the parties. The written decision of the arbitrator shall be final, binding, and convertible into a court judgment in any appropriate court having jurisdiction. The arbitration proceedings and decision shall be confidential. Nothing in this Section shall prevent either party from seeking an injunction or other immediate relief in any court, wherever located, to enforce any covenants of confidentiality, non-use, non-disclosure set forth herein.  

B. Court Proceedings. All disputes arising out of or relating to the Site, this Agreement, and/or the Service, except those subject to arbitration as set forth in Section 20.A above, shall be brought exclusively in the federal or state courts in Hillsborough County, Tampa, Florida, and you expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, partners, employees, contractors, officers, and directors.  

C. Limitation on Claims. You agree that any claim, action, or dispute that you have arising out of your use of the Site, this Agreement, and/or the Services must be commenced within one (1) year after the claim or cause of action arises.  

D. Legal Fees. If any legal proceeding is instituted in connection to or relating to the Site, this Agreement, and/or the Service, the prevailing party shall be entitled to recover from the other party its costs, including reasonable attorneys’ fees and costs, at levels, whether arbitration, trial, or appeal.  

21. Governing Law  
All matters relating to the Site, Service, and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule whether of the State of Florida or any other jurisdiction.

22. Interpretation  
The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. If any term or provision of this Agreement conflicts with the terms or provisions of any other agreement between you and MFM, the terms of such other agreement shall control with respect to the products or services to which they apply.  

23. Severability 
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

24. Entire Agreement 
This Agreement and our Privacy Policy constitute the sole and entire agreement between you and Marketing For Medical, LLC regarding the Site, Service, and Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site, Service, or Content. No provision hereof shall be deemed waived, amended, or modified except in a written addendum signed by an authorized representative of each party. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors. The rights and obligations under sections 8, 11, 15, 16, and 18-21 shall survive the termination, cancellation, or expiration of this Agreement for any reason whatsoever.  

Please report any violations of the Agreement to: hello@marketingformedical.com.
Last Modified: October 12, 2021
15944528v5Copyright ©2021 by Marketing For Medical, LLC. All rights reserved.