THE FOLLOWING DESCRIBES THE TERMS ON
(hereafter referred to as “Company”) offers you
(hereafter referred to as “Member”) a membership. If you do not agree to be
bound by the terms and conditions of this Agreement, you may not be a
1. ACCEPTANCE OF TERMS
Company offers its service to Member,
subject to this Agreement, which may be changed from time to time without any
notice to Member.
Members may request a refund within 7 days of registration. No refund after 7
days of registration have lapsed.
3. MEMBERSHIP ELIGIBILITY
Services are available only to
organizations that engage in activities expected in normal course of business
for this type of organization.
4. DESCRIPTION OF SERVICE
Upon completion of registration and
payment of applicable fees, Company and Member create a listing (also referred
to as a “Profile”) of the Member to be placed on the Website for viewing by the
general public visiting the Website, describing services offered by Member. The
profile is displayed when a user searches the site under relevant
criteria. Member grant the company a royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, publish derivative
works from and distribute such materials or incorporate such materials into any
form. The final decision on the content of a Profile is with the Company.
Company may prohibit Member from displaying certain info or linking to certain
5. GENERATING AND DISTRIBUTION OF
At times, a user may fill out the Contact
form on this site (the person who has filled out the form on the Website and
seeks a the services of the Member is hereafter referred to as “Lead”.)
which information is offered to a Member according to then applicable rules set
by the Company. Such leads are offered to paid members, Premium Members, and at
times to other members. A lead may be offered to more than one Member. Company
does not guarantee any lead will be offered a Member.
6. LINK EXCHANGE
As part of the service, Company
establishes a link from Website, specifically from Member’s Profile, to Members
website ("Destination Website"). Members may be expected to establish a link
from Member’s website to www.medical-transcription1.com (put name of site here) if member has the Link
7. MEMBER’S REPRESENTATIONS &
Member represents and warrants that
(i) it has full power and authority to accept this Agreement and to perform
its obligations; (ii) the person who has executed this Agreement on its behalf
is duly authorized to do so; (iii) all of the information provided by Member to
Company regarding, among other things, its location(s), business and operations
is true, correct and complete.
Company agrees not
to sell Members
information such as emails, company name, address, phone or fax numbers. Company
may and Member hereby expressly agrees to be contacted by company
via email, phone, fax, US mail
for customer service issues or to make promotional offers.
9. PASSWORD AND SECURITY
Member selects a username and password
upon registration. Member is responsible for maintaining the confidentiality of
the password and account, and is fully responsible for all activities that occur
under password or account.
10. MEMBER CONDUCT
Member realizes that Company and its
designees shall have the right, but not the obligation, in their sole discretion
to pre-screen, refuse or move any Content that is posted on Member’s profile.
Member acknowledges, consents and agrees that Company may access, preserve and
disclose Member’s account information and content if required to do so by law or
in a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the AGREEMENT; (c)
respond to claims that any content violates the rights of third-parties; (d)
respond to Member’s requests for customer service; or (e) protect the rights,
property or personal safety of Company, its users and the public.
Member’s agree to indemnify and hold
Company, and its subsidiaries, affiliates, officers, agents, other partners and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party, a user, or a Lead, due to or arising out of
services Member provides to a third party who retained the Member by virtue of
finding a listing of the law firm on Website.
Company may terminate an account for
cause, for violation of the terms of this Agreement.
Cause for such action include, but is not
limited to (a) breaches or violations of this Agreement or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by Member (self-initiated Membership Termination) or (d)
frequent complaints by general public who use Member’s services.
Member agrees that Company may, without
any reason and without prior notice, terminate Member’s Membership. If
company terminates an account for any reason, for cause, or for no cause, the
Company will not refund any fees paid by the Member.
13. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY UNDERSTANDS AND
MEMBER’S USE OF THE SERVICE
IS MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. COMPANY EXPRESSLY DISCLAIMS 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. COMPANY
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) MEMBER WILL
RECEIVE ANY LEAD(S) FROM THE WEBSITE OR (iv) THE QUALITY OF LEADS MEMBER OBTAINS
THROUGH THE WEBITE WILL MEET MEMBER’S EXPECTATIONS.
14. LIMITATION OF LIABILITY
MEMBER EXPRESSLY UNDERSTANDS AND
AGREES THAT COMPANY SHALL NOT BE LIABLE TO MEMBER FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES
(EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM INABILITY TO RECEIVE
LEADS FROM WEBSITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO MEMBER.
16. NO THIRD PARTY
Member agrees that, except as otherwise
expressly provided in this Agreement, there shall be no third party
beneficiaries to this Agreement.
Member and Company may provide notices to
each other via email, regular mail or fax. Notice is presumed received when
acknowledged by the recipient, or when sent by verified mail. All notices to
Company must be sent to:
23945 Calabasas Road Suite
Calabasas, CA 91302
18. TRADEMARK INFORMATION
Company may hold a Service Mark owned by
Saeed Sehizadeh aka David Sheehan, the President and owner of the Company.
Member may only advertise that the Member is a member of Company. Upon
termination of membership, member must cease to advertise its membership with
19. GENERAL INFORMATION
are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Entire Agreement: This Membership
Agreement constitutes the entire agreement between Member and Company,
superseding any prior agreement between Member and Company.
Choice of Law and Forum: This Agreement
and the relationship between Company and Member shall be governed by the laws of
the State of California without regard to its conflict of
law provisions. Company may bring suit to enforce its rights under this
Agreement at Superior Court of the State of California, County of Ventura or County of Los
Angeles. Member may enforce its rights under this
Agreement at the Superior Court of the State of California, County of Los
Angeles, or County of Ventura.
Waiver and Severability of Terms: The
failure of Company to exercise or enforce any right or provision of the
Agreement shall not constitute a waiver of such right or provision. If any
provision of the Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the Agreement remain in full force and effect.
No Right of Survivorship and
Non-Transferability: Member agrees that an account at Company is
non-transferable unless Company approves such transfer, which shall not be
Statute of Limitations: Member agrees
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the Agreement must be
filed within one (1) year after such claim or cause of action arose or be
Section Titles: The section titles in
this Agreement are for convenience only and have no legal or contractual
End of Membership