2. Amendment/Notice of Changes. We reserve the right to change the terms and conditions contained in this Agreement, other servicespecific terms and conditions, or any policies or guidelines governing the services we provide, including without limitation, any of the information posted on the Site or Application, at any time and in our sole discretion. Any changes to the Site or Application, including servicespecific terms and conditions, or policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Site or Application and without notice to you. We will, however, post a notice of any changes to this Agreement on the Site for at least thirty (30) days after the changes are effective. You are responsible for regularly reviewing the Site for changes and notice of any changes. Changes to referenced policies and guidelines or any other information in any Web pages may be posted without any other notice to you. YOUR CONTINUED USE OF THE SITE, THE APPLICATION AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES TO THE AGREEMENT ON THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE SITE, DO NOT CONTINUE TO USE THE SERVICES, THE APPLICATION OR THE SITE.
3. Site Purpose and Site License. The purpose of the Site and the Application is to provide patients with a quick and easy way to register with your medical provider, contact your medical provider and otherwise interact with your medical provider. The Site, the Application and all Content (defined) are provided only for use in providing the Services offered via the Site and the Application.
We grant you a limited license to access and make personal use of this Site and the Application and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site the Application or its contents; any collection and use of any Content on the Site or the Application; any derivative use of this Site or its Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site or Application may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Site and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license to the Site or the Application granted by MIRGSTER. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as these links do not portray us, our members, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.
For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by MIRGSTER or any of our affiliates, including, without limitation, any trademarks or trade names.
"Content" used within this Agreement means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site or the Application, such as contact information, reports, messages, and information that you input in your account profile and in messages.
A. Responsibility for Your Content
You alone are responsible for your content, and once stored, it cannot always be deleted. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.
B. Our Right to Use Your Content
C. MIRGSTER’s Content
All content placed on the Site or Application by MIRGSTER, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MIRGSTER or the property of its partners, agents, affiliates, or suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of MIRGSTER and protected by U.S. and international copyright laws. All software used on this Site is the property of MIRGSTER or the property of its partners, agents, affiliates, or suppliers and protected by United States and international copyright laws.
D. MIRGSTER’s Trademarks
MiRgster© and other marks on our Site and Application are trademarks of MIRGSTER. All of our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MIRGSTER. Our trademarks and trade dress may not be used in connection with any product or service that is not ours or directly related to us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Site or Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
5. Reporting Copyright Violations. Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), MIRGSTER has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact MIRGSTER’s DMCA Registered Agent at email address email@example.com or by mail to:
Mark Terry, Esq., 801 Brickell Av. Suite 900, Miami, FL 33131
To file a notice of infringement with MIRGSTER, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with this information:
• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement by you that you have a goodfaith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. Inappropriate Use and Access.
a. You may not use the Site, Application or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.
b. You may not take any action that imposes or may impose an unreasonable or disproportionately large load on MIRGSTER’s network infrastructure, as determined by MIRGSTER in its sole discretion.
c. You may not interfere or attempt to interfere with the proper working of the Site, the Application or any Services.
d. You may not bypass any measures MIRGSTER may use to prevent or restrict access to the Site, Content, Application, or Services.
e. You may not link from any other website to this Site in any manner such that this Site, or any Content, is “framed” or surrounded by any other content, materials, or branding.
8. Disclaimer/Indemnification. Your use of the Site, Application and Content is at your own risk. THE SITE, CONTENT, APPLICATION, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, MIRGSTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SITE, CONTENT, APPLICATION OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, AND/OR MIRGSTER’S NEGLIGENCE. UNDER NO CIRCUMSTANCES
WILL MIRGSTER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, APPLICATION, CONTENT, OR SERVICES, EVEN IF MIRGSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MIRGSTER’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATION, CONTENT, AND SERVICES.
9. Links. The Site may contain links to other websites (“Linked Sites”) operated by parties other than MIRGSTER. MIRGSTER has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and MIRGSTER is not responsible for the content of any offsite pages or other Linked Sites. MIRGSTER’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators. Except as set forth herein, we do not share your personal information with Linked Sites, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
10. Termination. We may block, suspend, or terminate your use of the Site, Content, Application, or Services at any time for any reason. Reasons we might do so include, but are not limited to, the following: a. your breach of this Agreement; b. MIRGSTER is unable to verify or authenticate any information you provide to us; or c. MIRGSTER believes that your actions could cause financial loss or legal liability to MIRGSTER or other users of the Site; and d. routine network maintenance affecting all users.
11. Changes to this Agreement. We retain the right to revise this Agreement, in whole or in part, at any time. Your use of the Site, Application or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement.
12. Jurisdictional Issues. The Site and Application are controlled and operated by MIRGSTER from its principal office in Miami, Florida, and is not intended to subject MIRGSTER to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. MIRGSTER does not represent or warrant that the Site, Application or the Services, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site, Application or Services do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site, or Application to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or reexport all or any part of the Content to (or to a national or resident of), or to use all or any part of the Content from (as applicable): (a) Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
13. Arbitration, Governing Law and Forum. Any controversy, claim, or dispute arising out of or relating to (1) this Agreement, including with respect to its interpretation and the validity of this arbitration clause, or (2) the use, viewing, or access to the Site or Application, shall be settled by binding arbitration administered by the American Arbitration Association (AAA). The arbitration will proceed under the Expedited Procedures of the AAA’s Commercial Arbitration Rules, unless the parties agree in writing, or the arbitrator in his or her discretion determines, that the arbitration should proceed under the regular Commercial Arbitration Rules. A judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, subject to the venue selection, below.
This Agreement is governed by, and shall be construed in accordance with, the laws of the State of Florida without regard to its principles of conflicts of law and of the United States of America, to the extent applicable. Venue for any arbitration or legal proceedings arising out of or relating to this Agreement shall be in Miami, Florida, U.S.A., unless otherwise agreed by the parties in writing or ordered by the arbitrator. The arbitrator shall award reasonable attorney’s fees and costs, including the cost of expert witnesses, if any, to the prevailing party in any arbitration proceeding.
14. General. This is the entire Agreement between you and MIRGSTER and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. MIRGSTER’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.
Contact Direct all questions regarding this statement to:
MIRGSTER, LLC 1717 N. Bayshore Dr. #230 Miami, FL 33132