PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. THIS AGREEMENT CONSTITUTES A LEGAL, BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND MEDLEGAL NETWORK, INC. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY AND TO ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO (collectively, “Terms and Conditions”). If you do not agree to be bound by and comply with all of the terms of thIS AGREEMENT, DO NOT INSTALL OR USE THIS WEBSITE.
1. Parties. MEDLEGAL NETWORK, INC., a California corporation with its principal offices in Santa Monica, California (“we” or “us”), provides you with the GRUPO MEDLEGAL website (the “Website”) under these Terms and Conditions.
2. Scope. These Terms and Conditions (together with the documents referred to in them) govern the way in which you may use our Website. We may update or amend these Terms and Conditions from time to time in our sole discretion, including without limitation, to comply with laws or as a result of changes to the content of the Website or the addition of new features. It is therefore important that you refer to these Terms and Conditions periodically to ensure that you are familiar with the relevant terms which will govern your use of the Website. Your continued use of the Website and/or other products or services of Medlegal Network, Inc. after any such changes or updates are made constitutes your acceptance of the new Terms and Conditions. Subject to any specific terms identified in respect of a particular feature or part of our Website, these Terms and Conditions (including our Privacy Notice) constitute the entire agreement between you and us with respect to your use of the Website. Any rights not expressly granted herein are reserved.
3. Limitations of Use. You may not download or use the Website in violation of any applicable laws or regulations. You agree that you will not use the Website for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended. You may not give away, rent, lease, lend, sell, transfer, redistribute, or sublicense the Website and. You agree that the Website contains proprietary information and trade secrets belonging to us. You may not copy, further develop, reproduce, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Website), nor reproduce, republish, modify, download, post, broadcast, transmit or otherwise use any information or content made available on the Website, unless expressly permitted as a feature of the Website. Any attempt to do so is a violation of our rights and rights of our licensors. If you breach this restriction, you may be subject to prosecution and damages. In addition, any derivative works, improvements, inventions or works developed by you based upon or relating to the Website involving a breach of these Terms and Conditions shall be owned by us and you hereby assign and agree to assign to us such derivative works, improvements, inventions or works developed by you.
4. Privacy. Our Privacy Notice at (gmleng.wpengine.com/privacidad), which contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from users of our products and services, applies to your use of our Website and is hereby incorporated into these Terms and Conditions. Our Privacy Notice sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
We may collect certain personally identifiable information, including without limitation, your name, address, email address, phone numbers and other identifiers or information that permit the physical, electronic or other means of contacting you, and personally identifiable information of third parties that you enter into the Website, in connection with the use of the Website. You hereby consent to our collection, storage, transmission, sharing and disclosure of your personally identifiable information under the following circumstances: (1) we may provide the information to third parties, such as doctors, lawyers and other professionals, so that they can contact you and potentially assist with analyzing, processing and other actions involving the information that you enter into the Website as well as information collected via the Website; (2) we may provide the information to trusted partners and affiliates who work on our behalf and who may use your personally identifiable information to help us communicate with you about information and offers relating to our products or services; however, such affiliates would not have an independent right to share your personally identifiable information; (3) we may respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; (4) we may share personally identifiable information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms and Conditions, or as required by law; (5) we may transfer personally identifiable information if we are acquired by or merged with another company; and (6) third parties may unlawfully intercept or access information or other confidential transmissions. If you believe that your legal or privacy rights have been violated while using the Website, you can report such matters to us and we will, at our discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of our commitment to providing a positive user experience. You acknowledge that you are responsible for addressing any third party claims relating to your use or possession of the Website, and agree to notify us of any third party claims relating to the Website of which you become aware. Furthermore, you hereby release us from any liability resulting from your use or possession of the Website and any products provided by us for use or associated therewith, including without limitation, the following: (i) product liability claims; (ii) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
5. Consent to Use of Data and Personally Identifiable Information. You agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system and website software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Website. We may use this information to improve products or to provide services or technologies to you. If you enter information about third-parties into the website, including, without limitation, the personally identifiable information of third-parties, you warrant that you have obtained the consent of or on behalf of such third-parties to provide such information to us and to use such information for the administration of your account or our products and services, and they agree to be bound by these Terms and Conditions.
6. Accessibility. We do not guarantee that our Website, or any content contained within or accessible through it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to access our Website (including, having access to an internet connection and appropriate system requirements). You are also responsible for ensuring that all persons who access our Website through your device and/or internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
7. Maintenance; Support; Updates and Upgrades. We are not obligated to provide any maintenance or support services with respect to the Website, or to provide you with updates, fixes, modifications, upgrades or services related thereto. However, the terms of these Terms and Conditions will govern any updates, fixes, modifications, upgrades or services provided by us in our sole discretion, unless such update, fix, modification, upgrade or service is accompanied by a separate agreement in which case the terms of that agreement will govern.
8. No Warranties. We do not warrant that the Website will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. You acknowledge and agree that we have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems. The Website might not function properly, including, without limitation, if your device is broken or powered off, if the Website software is not enabled, or if any hardware or software on your device prevents the Website from operating properly.
9. Intended Users. The Website is available only to users who are at least 18 years old. Under no circumstances should the Website be used by children under 14 years of age, and we will not knowingly collect personally identifiable information from any person we know to be in this age group. If you are using the Website for the benefit of a child, please do not provide information relating to such child unless you have obtained the consent of the child’s parents or guardians, and they agree with these Terms and Conditions which includes our Privacy Notice. If you discover that your child has been using the Website without your consent, or that someone has been using the Website for or on behalf of your child without your consent, please contact us using the information below, and we will take reasonable steps to delete the child’s information from our active databases. You may not provide access to or use the Website for the benefit of third parties or make commercial use of the Website or related content, but you may use the Website for your personal use subject to these Terms and Conditions.
10. Feedback. If you submit any information to us through or related to the Website or send us any business information, feedback, idea, concept or invention to us by e-mail or otherwise, you represent and warrant to us that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information. In addition, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.
11. Third Party Websites and Materials. References or links within the Website to any third parties or their websites or information are provided only for your convenience and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, websites or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.
The information and content accessible through this Website are not legal or medical advice and should not be relied upon or construed as legal or medical advice. Any views or opinions expressed do not necessarily reflect our view or opinion, and you should consult directly with a legal or medical professional as necessary. The information provided in the Website does not create an attorney-client relationship or doctor-patient relationship.
The information provided in the Website may be considered to constitute advertising in some jurisdictions. The hiring of an attorney or medical professional is an important decision that should not be based solely upon the information provided in the Website. We do not intend or desire to encourage representation of any client or patient based upon a review of information or content accessible via this Website that does not comply with the legal or ethical requirements for that jurisdiction.
12. Proprietary Rights. Medlegal Network, Inc. and its licensors own the Website, including any material or content made available through the Website, and all worldwide intellectual property rights in the foregoing. We retain all right, title, and interest in and to the Website, and any rights not granted to you herein are reserved by us. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Website. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms and Conditions grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (for the avoidance of doubt, these Terms and Conditions shall continue to apply in respect of any such materials).
13. Disclaimers. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We also do not warrant or represent that the information, services, or materials available through the Website will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE WEBSITE. ANY ACTIONS THAT YOU OR OTHERS TAKE BASED ON CONTENT, NOTIFICATIONS AND INFORMATION PROVIDED BY THE WEBSITE ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE WEBSITE TO ENSURE ITS ACCURACY. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR ANY INFORMATION, CONTENT, MATERIALS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. WE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE WEBSITE OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO UNINSTALL AND CEASE USE OF THE WEBSITE. SHOULD THE WEBSITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE; OR (II) THAT THE WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR ACCESSIBLE THROUGH THE WEBSITE. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
14. Limitations of Liability. Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Website.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, IMPRISONMENT, DETENTION, DEPORTATION, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Website, including any injury or damage to user’s or to any person’s mobile device or computer related to or resulting from participation or use of the Website.
You acknowledge that we have made the Website available to you in reliance upon these Terms and Conditions and in particular the Disclaimers and Limitations of Liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. In no event shall our total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
15. Indemnity. You agree to defend, indemnify, and hold us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to a) the breach of these Terms and Conditions by you or anyone using your computer, mobile device, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Website; (c) any information entered into the Website by you or anyone using your computer, mobile device, password or login information in connection with the Website; (d) your violation of any law or regulation; or (e) any other matter for which you are responsible under these Terms and Conditions or under law. You agree that your use of the Website shall be in compliance with all applicable laws, regulations and guidelines.
16. Governing Law. These Terms and Conditions shall be governed in all respects under the laws of the State of California, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under these Terms and Conditions or related to the Website, you irrevocably agree to submit to the exclusive personal jurisdiction of the courts located in Los Angeles, California. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.
17. Arbitration. This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and we and you intend that this section satisfies the writing requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website, (ii) any data or information you may enter into the Website or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Website, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Website, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms and Conditions or our Privacy Notice shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the website of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and Conditions and/or these arbitration provisions, including but not limited to any claim that all or any part of these Terms and Conditions is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitrate a dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from your use of or interaction with the Website, or any data or information you may enter into the Website or that we may gather in connection with such use or interaction occurring after the effective date of such notification.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
18. Miscellaneous. If any of the provisions of these Terms and Conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. You may not assign this Agreement.
19. Questions, Comments, and Contact Information. All notices to you relating to these Terms and Conditions shall be posted prior to installation of or during use of the Website or sent to you at the e-mail or physical address, if any, that you provide to us. All notices to us relating to these Terms and Conditions shall be in writing and sent to the following:
1158 26th St.
Santa Monica, CA 90403
Notice shall be deemed given when notice is posted on the Website or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.
Last updated: September 21, 2015.