Step 1 of 5: Terms of Use

The terms, conditions and agreements set forth below (these “Terms of Use”) govern the Use (as defined below) of this website of Mutual Health Services (hereinafter referred to collectively as “Mutual Health Services”, ”MHS”, “we”, “our” or “us”). For ease of reference, the access, transmission, viewing or other use of this Website and any of the information contained herein is hereinafter referred to collectively as the “Use” of, or “Using”, this Website.

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

THESE TERMS OF USE MAY BE AMENDED OR CHANGED BY US AT ANY TIME IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT LIABILITY OR PRIOR NOTICE. YOU AGREE THAT YOUR CONTINUED USE OF THIS WEBSITE AFTER ANY SUCH AMENDMENT OR CHANGE SHALL CONSTITUTE YOUR AGREEMENT TO ANY SUCH CHANGES.

1. Intellectual Property Rights. Everything on this Website, including without limitation, all text, graphics, software, logos, icons and images, is the valuable intellectual property of Mutual Health Services, its information providers and suppliers, and is protected by applicable intellectual property laws. Mutual Health Services shall enforce its intellectual property rights to the full extent of the law. You may not copy, publish, distribute, create derivative works or otherwise commercially exploit the content of this Website without the express written permission of Mutual Health Services.

2. Governing Law. The validity and interpretation of these Terms of Use, and the rights and obligations of Mutual Health Services and any person or entity Using this Website, are governed by the internal laws of the State of Ohio, excluding any choice of law provisions that require application of any other law. By Using this Website, you acknowledge and agree that any dispute that may arise out of your Use of this Website, whether sounding in contract, tort or otherwise, would involve difficult and complex issues, and therefore you agree that any lawsuit growing out of or incidental to any such dispute shall be tried in a court of competent jurisdiction by a judge sitting without a jury.

3. Jurisdiction. This Website is controlled and operated by Mutual Health Services from the company’s headquarters in Cleveland, Ohio. Mutual Health Services does not represent or warrant that any materials on this Website are appropriate or available for Use in any other location. If you choose to Use this Website from another location, you do so at your own risk and are responsible for complying with any and all local laws.

By Using this Website, you irrevocably and unconditionally submit to the exclusive jurisdiction of any Ohio state court or United States federal court sitting in Cuyahoga County, Ohio, and any court having appellate jurisdiction therefrom, in any action or proceeding arising out of or relating to the Use of this Website or validity and interpretation of these Terms of Use, or for recognition or enforcement of any judgment, and you hereby irrevocably and unconditionally agree that all claims in respect of any such action or proceeding may be heard and determined in any such Ohio state court or, to the extent permitted by law, in such federal court. By Using this Website, you irrevocably and unconditionally agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. By Using this Website, you hereby irrevocably and unconditionally waive, to the fullest extent you may legally and effectively do so, any objection that you may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to the Use of this Website or validity and interpretation of these Terms of Use in any Ohio state or federal court sitting in Cuyahoga County, Ohio.

4. Severability. If any provision of these Terms of Use is deemed void, unlawful or otherwise unenforceable for any reason, such provision shall be deemed modified to the extent necessary to render such provision enforceable, and these Terms of Use shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of, and the agreements set forth in, these Terms of Use.

5. Use of Cookies and other methods of collecting information. Mutual Health Services uses various methods to collect certain kinds of information that is not associated with personal information about you, including “cookies”, “referrers”, IP addresses, and certain system information.

A “cookie” is an element of data that this Website can send to your web browser, which may then store it on your computer system. Cookies allow us to provide you with a tailored user experience. You can set your web browser to notify you when you receive a cookie, giving you the choice whether or not to accept it. You do not have to accept all cookies sent to you by this Website; however, if you choose to reject a cookie, depending on the particular cookie you reject, you may not be able to Use some of the features of this Website. Cookies are not associated with personal information about you.

A “referrer” is the information passed along by a web browser that references the web URL you linked from, and is automatically gathered by our web server. We use referrers to identify broad demographic trends that we may use to provide information tailored to your interests. Referrers are not associated with personal information about you.

Your computer uses IP addresses every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer so that data (such as the web pages you request) can be sent to you. Our web server automatically gathers IP addresses. IP addresses are not associated with personal information about you.
The system information we gather includes time, type of web browser being used, the operating system/platform, and CPU speed. This system information is sent automatically by your web browser when you are connected to this Website. We use this system information to compile broad demographic statistics. This system information is not associated with personal information about you.

6. Security Policy. Mutual Health Services takes the security of your personal information very seriously and has established security standards and procedures to prevent unauthorized access to your personal information. We maintain physical, electronic and procedural safeguards to guard your personal information. All authorized personnel within our organization who deal with your personal information must abide by a confidentiality agreement. We may permit third parties to offer registration-based services through this Website. We are not responsible for the actions and policies of these third parties. You should review the privacy policies and data protection safeguards of those third parties before supplying personal information to them.

7. Links. This Website may contain links to other Internet sites (“Third Party Sites”) that are not maintained by Mutual Health Services. These links are provided solely for your convenience, and you access them at your own risk. The inclusion of a link to a Third Party Site does not imply Mutual Health Services’s endorsement of such Third Party Site. We are not responsible for the privacy policies or data protection safeguards of those Third Party Sites or how such Third Party Sites treat your personal information. Mutual Health Services MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF PRODUCTS, SERVICES OR INFORMATION OFFERED IN SUCH THIRD PARTY SITES. Consequently, Mutual Health Services is not and shall not be held responsible for the accuracy, copyright compliance, legality or decency of material contained in such Third Party Sites.

8. Termination. Mutual Health Services may, in its sole and absolute discretion, modify, suspend, restrict access to or terminate this Website, these Terms of Use, any content of this Website or any link contained herein at any time without liability or prior notice. In addition, Mutual Health Services may, in its sole and absolute discretion and without liability or prior notice, terminate or suspend your access to all or any part of this Website, including but not limited to, any bulletin boards on this Website, for any reason, including without limitation, breach of these Terms of Use. Your obligations pursuant to these Terms of Use shall survive any such modification, suspension, restriction or termination for the maximum period allowable under applicable law.

9. General. This Website is owned and operated by Mutual Health Services. Mutual Health Services may, in its sole and absolute discretion and without liability or prior notice, change or discontinue any aspect or feature of this Website, including without limitation, the content, hours of availability and equipment needed to Use this Website.

10. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to Use this Website and all charges related thereto.

11. Registration; Passwords. Use of certain portions of this Website requires registration and passwords. You agree that any registration information that you provide shall be correct and complete. If we believe that any registration information is not correct and complete, we have the right to refuse you access to this Website and/or to terminate, suspend or restrict your Use of this Website. You agree to maintain the confidentiality of any password(s) you use to access this Website, and you are fully responsible for the actions of any person or entity that accesses this Website using your password. You agree to notify us immediately of any unauthorized use of your password(s).

12. Monitoring. Mutual Health Services reserves the right, but not the obligation, to monitor this Website to determine compliance with these Terms of Use. You agree to cooperate with all reasonable requests of Mutual Health Services during any investigation of an actual or suspected breach by you of these Terms of Use.

13. Business Associates. Any business associates of Mutual Health Services identified in this Website are independent of Mutual Health Services. Such business associates are not joint venture partners or any other kind of partners of Mutual Health Services. No employee or representative of any business associate is under the control of Mutual Health Services.

14. Products. The information and descriptions contained on this Website are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by Mutual Health Services.

15. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER Mutual Health Services, ITS AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY content PROVIDERS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY OBTAIN FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY OR LIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.

THIS WEBSITE IS PROVIDED ON AN AS-IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS WEBSITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Mutual Health Services IS NOT LIABLE FOR THE DEFAMATORY OR OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL Mutual Health Services, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE, OR THE content INCLUDED HEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS DISCLAIMER OF LIABILITY SHALL APPLY TO ALL USE OF AND content ON THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Mutual Health Services’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT TORT INCLUDING ITS OWN NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY INCLUDING STRICT LIABILITY, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

16. Indemnification. You agree to indemnify and hold Mutual Health Services and its suppliers, information providers, ISPs, and the officers, directors and employees of Mutual Health Services (an “Indemnified Party”) harmless against any losses, claims, damages, liabilities, penalty actions, proceedings or judgments (collectively referred to as “Losses”) to which an Indemnified Party may become subject, related to or arising out of any infringement or misappropriation or alleged infringement or alleged misappropriation of any United States copyright, trademark, trade secret or other proprietary right related to your Use of this Website or related to or in connection with these Terms of Use, and shall reimburse each such Indemnified Party for all legal and other expenses, including reasonable attorneys fees, incurred by such Indemnified Party in connection with investigating, defending or settling any such Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

You also agree to indemnify and hold harmless each Indemnified Party against any Losses to which such Indemnified Party may become subject that arise our of or relate to your violation of these Terms of Use or your Use of this Website or your negligent or wrongful conduct, and shall reimburse each Indemnified Party for all legal and other expenses, including without limitation, reasonable attorneys fees, incurred by such Indemnified Party in connection with investigating, defending or settling any such Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

17. Notices. Any notices required or permitted under these Terms of Use shall be in writing and sent by: (1) personal delivery, (2) United States mail, registered or certified, postage prepaid with return receipt requested; (3) by facsimile transmission later confirmed by United States mail, registered or certified, postage prepaid with return receipt requested; or (4) by overnight delivery. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices delivered by United States mail shall be deemed given as of three days after mailing. Notices delivered by facsimile transmission shall be deemed given as of the date and time of receipt. Notices delivered by overnight delivery shall be deemed given as of the date of delivery. Notices shall be addressed as follows:

Mutual Health Services
2060 East 9th Street
Cleveland, Ohio 44115-1355
216-687-2623 (fax)
 
© 2016 Mutual Health Services - All rights reserved 
Mutual Health Services Logo