HEALTHCARE TECHNOLOGIES AND METHODS, LLC
TERMS OF USE
Please read these Terms of Use carefully before accessing or using Healthcare Technologies and Methods, LLC’s (“HTM”) websites, including but not limited to MAUDEY.COM and HEALTHCARETM.COM (the “Websites”), and any Internet-based online information and communication services or other services provided in connection therewith (collectively, the “Services”). By accessing or using the Websites or Services, you (or “User”) signify your acceptance of, and agree to be bound to, these Terms of Use. If you do not agree to the Terms of Use, do not access or use the Websites or Services.
These Terms of Use are entered into by and between you and HTM (“we,” “us,” or “our”). The following Terms of Use, together with any documents expressly incorporated by reference herein (the “Terms”), govern your access to and use of our Websites and Services, including any content, functionality, and services offered on or through the same.
1. Changes to the Terms.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Websites and Services following the posting of revised Terms 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, as they are binding on you.
2. Use of the Websites & Services.
All HTM Websites, including but not limited to MAUDEY.COM AND HEALTHCARETM.COM, are Internet-based online information and communication services operated by HTM. User participation on the HTM Websites is voluntary and any information contributed to an HTM Website is based on the user’s own initiative. You acknowledge and agree that any personal information you provide though the Websites is subject to HTM’s privacy policy, which can be accessed here: https://maudey.com/privacy-policy/ and is incorporated herein by reference. You further consent to all actions we take with respect to your information consistent with our privacy policy. To access the Websites or some of the Services and resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites and Services that all the information you provide to us is correct, current, and complete.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that you are solely responsible for your account and agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, 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.
We reserve the right to withdraw or amend the Websites and any Services or materials we provide on or through the Websites in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites or Services are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts or all of the Websites.
Our Websites and Services are not intended for users under age 18. By accessing and using the Websites and Services, you represent and warrant that you are of legal age to form a binding contract with HTM.
3. Restrictions & Prohibited Uses.
The HTM Websites are exclusively for business use as it relates to the User’s relationship to
HTM, and for personal and other non-commercial use. Unless expressly permitted by HTM, the User may not modify copy, distribute, transmit, display, reproduce, publish, license, transfer or sell any information and products or services obtained from the HTM Websites.
You may only use the Websites and Services for lawful purposes and in accordance with these Terms. You agree not to use the Websites and Services:
• In any way that violates any applicable federal, state, local, or international laws;
• For the purpose of exploiting, harming, or attempting to exploit or harm other users of the Websites or Services in any way;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate HTM, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites or Services, or which, as determined by us, may harm HTM or expose us to liability;
• In any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites or Services;
• Use any robot, spider, or other automatic or manual processes, devices, software, or means to access the Websites for any purpose, including to copy any materials on the Websites, not expressly authorized in these Terms;
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites or Services.
4. Intellectual Property Rights.
The Websites and Services and their 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 HTM, 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 or proprietary rights laws. 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 Websites, except: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your web browser for display enhancement purposes; or (3) you may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not modify copies of any materials from the Websites or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Websites or Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites or Services in breach of these Terms, your right to use the Websites and Services will stop immediately. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by HTM. Any use of the Websites not expressly permitted by these Terms may violate copyright, trademark, and other laws.
HTM’s name and logos, including “Healthcare Technologies and Methods,” “Maudey®,” “TELLYHealth ®,” and “Curated AftercareTM,” and all related names, logos, product and service names, designs, and slogans are trademarks of HTM or its affiliates or licensors. You must not use such marks without the prior written permission of HTM. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
5. Reliance on Information Posted.
The information presented on or through the Websites and Services is made available solely for general information purposes. While HTM endeavors to provide users with helpful information from reliable, scientific sources that it updates regularly, we cannot warrant the accuracy, completeness, or usefulness of this information, and such information does not constitute medical or professional 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 Websites, or by anyone who may be informed of any of its contents.
6. Geographic Restrictions.
HTM is based in the United States. We make no claims that the Websites and Services, or any of our content or materials, are accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
7. Disclaimers & Limitations of Liability.
HTM has taken steps to include thoroughly researched and regularly updated information on the Websites to provide users with valuable resources and Services. However, HTM makes no representations about the accuracy, currency, or completeness of any information on or that you may access through the Websites. Also, HTM is not responsible for any form of transmission received from any website linked to HTM’s Websites. HTM shall have no liability for any damages or injuries of any kind arising from such content or information. HTM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HTM of the site or its related organization.
HTM and its employees and business associates do not accept nor consider unsolicited ideas, including ideas for new or improved solutions, products or technologies, solution or product enhancements, processes, marketing plans or new solution or product names. If, despite our request that you not send us your unsolicited ideas, you still submit them, then regardless of what message accompanies the submission, the following terms shall apply to your unsolicited submissions (collectively, “User Submissions”): (1) all User Submissions and their contents will automatically become both the legal property of HTM, without any compensation to you; (2)HTM may use or redistribute your User Submissions and their contents for any purpose and in any way without limitation; (3) there is no obligation for HTM to review User Submissions; (4) there is no obligation for HTM to keep any such User Submissions confidential; and (5) you hereby agree to waive any and all rights arising from your unsolicited User Submissions and their contents so far as is lawfully possible and any broadly equivalent rights you may have in respect of your unsolicited submissions and their contents in any region of the world.
YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SERVICES IS AT YOUR OWN RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HTM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION ON THE WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HTM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES OR SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR SERVICES. IF A USER OF THE WEBSITES OR SERVICES IS DISSATISFIED WITH ANY PORTION OF THE WEBSITES OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES AND SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HTM, ITS AFFILIATES,OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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 WEBSITES OR SERVICES, INCLUDING ANY WEBSITES LINKED TO THEM OR ANY CONTENT ON THE WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless HTM, 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 violation of these Terms or your use of the Websites or Services, including, but not limited to, your User Submissions, any use of the Websites’ content,Services, materials, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Websites and Services.
8. Governing Law and Jurisdiction.
All matters relating to the Websites, Services, these Terms, 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 Commonwealth of Virginia 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, the Websites, Services, or these Terms shall be instituted exclusively in the federal courts of the United States or the courts of Virginia, in each case located in Fredericksburg, Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts