TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEB SITE (THE “SITE”) AND OTHER WEBSITES (THE “SITES”), INCLUDING ANY SUBDOMAINS THEREOF, OR ANY RELATED SMARTPHONE OR MOBILE APPLICATIONS, OPERATED BY MJH HEALTHCARE HOLDINGS, LLC AND ITS AFFILIATED COMPANIRES (“MJH”). THE TERMS GOVERN YOUR USE OF THE SITES AND ARE BINDING BETWEEN YOU AND MJH.
1. Acceptance of Terms and Subsequent Amendments
Your use of the Site constitutes your full legal acceptance of the Terms. By clicking “Accept” on the Site’s cookie banner, you acknowledge and explicitly consent to MJH’s collection and processing of personal information as detailed in our Privacy Policy, including the use of cookies, pixels, and other tracking technologies. By using the Site, you also agree to our Privacy Policy. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. You agree that MJH may change these Terms from time to time, without advance notice. You will always be able to view the most current version by clicking on the link at the bottom of the Site. Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new Terms. Please review the Terms periodically for any changes or modifications.
2. Electronic Communications
When you visit the Site or send e-mails to MJH, you may be communicating with MJH electronically. You consent to receive communications from MJH. MJH may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that MJH provides to you electronically satisfy any legal requirement that such communications be in writing.
You explicitly consent to MJH’s recording, monitoring, or tracking of your interactions with the Site to improve user experience, security, and analytics. Details about the specific technologies used and your rights to opt-out are outlined in our Privacy Policy.
3. Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MJH reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
4. Limited Authorization to Use Protected Material
You acknowledge and agree that Site, information, content, and software presented to you through the Site or used in connection with the Site contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, website marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent Site of any information presented to you through the Site, in whole or in part. You may look at our Site online, download individual articles to your personal or handheld computer for later reading, and even print a copy of an article for yourself. You may not remove any copyright notices, trademark, service mark or other proprietary rights notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
The Site contains or references trademarks, copyrights, patents, logos or other proprietary rights of MJH (“Intellectual Property”). The Information and Intellectual Property on the Site are the exclusive property of MJH. Removing or altering any copyright or other legal notice included with Information on the Site is prohibited. MJH also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangements of the Site’s content. Except as otherwise expressly stated herein, you are not granted any license to use, or right in, any Intellectual Property on the Site. Non-compliance relating to displaying, downloading and reproduction of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Site, constitutes a material breach of the Terms and immediate forfeiture of the above limited authorization.
Images of people or places displayed on the Site are either the property of, or used with permission by, MJH. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Terms or by specific permission provided elsewhere on the Site or in a separate writing signed by an authorized officer of MJH. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and potentially other statutes and regulations. Descriptions of, or references to, products, services, or publications within the Site does not imply endorsement of that product, service, or publication. MJH makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. The Site could include technical inaccuracies or typographical errors.
The Site may also contain or reference the intellectual property of third parties. No license or permission is granted herein with respect to any of this information.
5. Accuracy; Limitation of Liability and Exclusion of Warranties
MJH makes commercially reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, you must evaluate the information and content of the Sites. Your use and browsing of the Site is exclusively at your own risk and the Site is provided to you AS-IS WITHOUT WARRANTY OF ANY KIND. MJH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED HEREIN. MJH EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MJH DOES NOT WARRANT THAT (A) THE SITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR INFORMATION ON THE SITE IS CORRECT, RELIABLE, CURRENT OR COMPLETE.
MJH ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.
UNDER NO CIRCUMSTANCES SHALL MJH, ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS EVEN IF MJH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Non-Proprietary Information
For any and all materials or content that you post or otherwise provide to MJH in connection with the Site, you grant MJH an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and otherwise exploit such materials in any and all media or distribution formats, methods, and channels (now known or later developed). You acknowledge and agree that MJH may sublicense these rights.
7. Privacy. You acknowledge and consent to MJH’s practices concerning the collection, storage, and use of personal and electronic interaction data. Details regarding the specific data collected, third-party sharing, and your opt-out rights are clearly outlined in the Privacy Policy, which is incorporated herein by reference. Note that any third party Web sites linked to the Site have their own privacy policies, which may or may not differ from our policy. You are responsible for reviewing the privacy policies of these Web sites to determine if these privacy policies are acceptable to you. MJH reserves the right to change its Privacy Policy without prior notice. You are responsible for periodically reviewing our Privacy Policy. Your continued use of the Site will be deemed an acceptance of the Privacy Policy then in effect.
8. Links to Third Party Sites
The Site may contain links to other Web sites or frame information from other Web sites that are not under the control of MJH. MJH is providing these links and/or frames to you only as a convenience. MJH MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER WEB SITES LINKED TO THE SITE MAY BE MATERIALLY DIFFERENT THAN THE TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT WEB SITE. No permission is hereby granted to you to link from any other Web site to any portion of the Site, or to frame any content contained on the Site without MJH’s prior written permission.
9. Intended Audience; Purpose; Obligations
The Site is offered by MJH for educational and informational purposes only. You must be at least 18 years of age to access or use the Site. By using the Site, you are affirming that you are 18 years of age and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms. You acknowledge and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site. You represent and warrant that: (a) you either are the sole and exclusive owner of any and all materials that you make available through the Site, or you have all rights, licenses, consents and releases that are necessary to grant to MJH the rights in such materials; and (b) you are not infringing, misappropriating or violating a third party’s intellectual property rights; and/or (c) you will not use the Site in violation of any applicable law or regulation.
10. Local Laws; Dispute Resolution
The Site (excluding any linked Web site) is controlled by MJH from its offices within the State of New Jersey, United States. By accessing the Site, you agree that all matters arising from or relating to the use of the Site, these Terms, the Privacy Policy or any other linked website, shall be governed by the laws (both substantive and procedural) of the State of New Jersey and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree, and by using the Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of New Jersey relating to any dispute arising out of your use of the Site.
You agree and acknowledge that your use of the Site, and all transactions occurring in connection with the Site, shall be deemed to have occurred and taken place solely in the State of New Jersey, United States of America. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use the Site in any such circumstances. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.
If you have any concern or dispute regarding the Site, these Terms, or the Privacy Policy (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting us and providing a written Notice of Claim to the address provided here (Contacting MJH). The Notice of Claim must provide MJH with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within 45 days of MJH’s receipt of the Notice of Claim, any resulting legal actions must be resolved through final and binding arbitration administered by a single neutral arbitrator located in New Jersey to be agreed between the parties (such as a retired state court or federal judge) and conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures. Neither party shall initiate legal action until 45 days after the Notice of Claim is received by MJH. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these Terms are void or voidable. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’s native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. However, if a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms, such action may proceed without first resorting to arbitration. Any such claims arising from or relating to the use of the Site, these Terms or the Privacy Policy will be heard and resolved in the federal and state courts located in New Jersey. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, the Terms will govern.
- Statute of Limitations; No Class Actions
You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to use of the Site, the Terms, or the Privacy Policy is permanently barred if not brought within one year of the event resulting in the Claim.
You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Nonetheless, if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
12. Restrictions on Content and Site
You agree that you will not, nor will you permit any third party to do any of the following while accessing or using the Site: (a) use the Site for any purposes not expressly provided for in these Terms; (b) scan, probe, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) interfere with, disrupt, or damage the Site or access of any user, host, or network, including without limitation, sending a virus; cancel bots; Trojan horses; overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site; or similar methods or technology; (d) use our communication tools to send spam; and (e) engage in conduct that is illegal in any way.
13. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MJH BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL MJH BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, REGARDLESS OF WHETHER ANY MJH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS.
14. Indemnification
You agree to indemnify, defend, and hold MJH, its subsidiaries, its affiliates, or their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys’ fees) arising out of or relating to (a) your use of the Site; or (b) a violation of these Terms.
15. Release
By using the any of the Sites you acknowledge and agree that you release, remise, and forever discharge MJH, its subsidiaries, its affiliates, and their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) from any and all claims, complainants, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown that arise out of or are in any way related to your use of this Site. If you are a California resident, you waive California Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
16. Digital Millennium Copyright Act Compliance
MJH respects the intellectual property rights of others and expects users of this Site to do so as well. In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. Section 512), MJH has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, members, subscribers, or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide MJH’s copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. MJH reserves the right to remove any content posted to the Site at our sole discretion. Please contact our copyright agent to provide us notice of alleged copyright infringement at info@mjhassoc.com.
17. Miscellaneous
If MJH, in its sole discretion, determines that a violation of the Terms has occurred, MJH may pursue any of its legal remedies. However, the failure of MJH to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. In the event that any provision of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms are personal to you and you may not assign these Terms, or your rights or obligations hereunder, to any third party, without our consent. Any attempted assignment without such consent is void. Any provision of these Terms (including all other incorporated terms) that is intended by its terms to survive termination will survive. Except as otherwise expressly provided herein, these Terms sets forth the entire agreement between you and MJH regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral as it relates to the Site.
Contacting MJH
If you have any suggestions, comments, and/or questions about the Site and/or these Terms, please contact MJH at Info@MJHPrivacy.com or mailing us at MJH Healthcare Holdings, LLC – 2 Commerce Drive, Cranbury, NJ 08512