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)