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Terms of Use

I. Acceptance of the Terms of Use

  1. These terms and conditions of use of website are entered into by and between You as the user (“You”) and MARCO MEDICAL MANAGEMENT, LLC (the “Company,” “We,” or “Us”). The following terms and conditions, together with any documents incorporated by reference (collectively, “Terms of Use”), govern your access to and use of www.marcomedicalmgmt.com and any content, functionality, and services thereon (collectively, the “Website”).
  2. Please read the Terms of Use carefully before You use the Website because, by using the Website, You accept and agree to be bound and abide by these Terms of Use and our privacy policy, which can be found here, which is incorporated herein by reference (“Privacy Policy”). If You do not agree to these Terms of Use or the Privacy Policy, You must not access or use the Website because, by using the Website, You consent to all actions taken by Us with respect to your information in compliance with this Terms of Use and our Privacy Policy.
  3. This Website is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access the Website.

II. Changes to the Terms of Use

  1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Section XVI (a) will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
  2. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes.

III. Accessing the Website and Account Security

  1. We reserve the right to withdraw or amend this Website, and any service or material We provide thereon, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website.
  2. You are responsible for both: (i) making all arrangements necessary for You to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with the same.
  3. To access the Website or some of the resources it offers, You may be asked to provide certain information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, is governed by our Privacy Policy and You consent to all actions We take with respect to your information consistent with our Privacy Policy.
  4. If You maintain any information as part of any of our security procedures, You must treat such information as confidential, You must not disclose it to any other person or entity, and You agree to notify Us immediately of any breach of security. We have the right to disable any security feature, including usernames or passwords, if any, 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.

IV. Intellectual Property Rights

  1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms of Use permit You to use the Website for Your personal, non-commercial use only.
  2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to You accessing and viewing those materials; and (ii) You may store files that are automatically cached by your web browser for display enhancement purposes.
  3. You must not: (i) modify copies of any materials from this site; (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (iii) use for any commercial purposes any part of the Website.
  4. If You wish to make any use of material on the Website other than that set out in this section, please address Your request to the address contained in Section XVI (g).
  5. If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website may be revoked immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
  6. The Company name, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

V. Prohibited Uses

  1. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to Use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation; (ii) 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; (iii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (iv) to impersonate or attempt to impersonate the Company, a Company employee, another user of the Website, or any other person or entity; or (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm the Company or users of the Website, or expose them to liability.
  2. Additionally, You agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose; (iii) use any process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use; (iv) use any device, software, or routine that interferes with the operations of the Website; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vii) attack the Website in any way including, but not limited to, via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper operation of the Website.

VI. Monitoring and Enforcement; Termination

  1. We have the right to: (i) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (ii) terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.
  2. 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 Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT.
  3. To the extent any material is posted on the Website, We do not undertake to review any material before it is posted on the Website, 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.

VII. Reliance on Information Posted

  1. The information presented on or through the Website is made available solely for general informational purposes and We do not warrant the accuracy, completeness, or usefulness of any information. Any reliance by You on such information is at your own risk and We disclaim all liability and responsibility arising from any reliance on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content or links provided by third parties and anything other than content provided by the Company is solely the opinion and responsibility of the party providing those materials and said materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party for the content or accuracy of any materials provided by third parties or your access to any third-party sites or resources contained on the Website and your accessing the same is at your own risk and subject to the terms and conditions of use for such websites.

VIII. Geographic Restrictions

  1. The owner of the Website is based in the Commonwealth of Pennsylvania in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.

IX. Disclaimer of Warranties

  1. TO THE FULLEST EXTENT PERMITTED 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

X. Limitation on Liability

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XI. Indemnification

  1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, owners, 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 violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your Use of any information obtained from the Website.

XII. Miscellaneous

  1. Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the County of Delaware. You waive any and all objections to the exercise of jurisdiction over You by such courts and venue in such courts.
  2. Arbitration. At the Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or your use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.
  3. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  4. Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 Use will continue in full force and effect.
  5. Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between You and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
  6. Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time and We are under no obligation to update such material.
  7. Your Comments and Concerns. This Website is operated by the Company and any feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the following:
    1. Mailing address: 1489 Baltimore Pike, #304, Springfield, PA 19064
    2. Email Address: marco@marcomedicalmgmt.com
    3. Phone Number: 484-472-6491

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