This page sets forth the Terms and Conditions (the "Terms" or the "Agreement") pursuant to which the user (“You” or the “User”) of this website (this “Site”) are permitted to use this Site. These Terms are a valid and binding agreement between You and MoveDocs, LLC, a Nevada limited-liability company (“MoveDocs”, “We”, or “Us”).
The User’s use of this Site constitutes the User’s acknowledgement of, consent to, and acceptance of all of the Terms, as well as all notices contained on this page and elsewhere on this Site, and binds the User to the same without any modification, limitation, qualification, or other alteration of the Terms on the part of or by the User.
If YOU DO NOT ACCEPT THE TERMS, YOU MUST NOT USE THIS SITE. THE ONLY WAY YOU CAN OPT OUT OF THESE TERMS IS TO NOT USE THIS SITE.
The User’s right to access and use this Site is not transferable to any other person or entity. MoveDocs may, at MoveDocs’s sole and absolute discretion, modify, amend, revise, or otherwise alter (each a “Modification”) all or any of the Terms, at any time and from time to time, by updating this page. Further, MoveDocs reserves the right to make Modifications to notices contained on this page, as well as notices that are contained on the other pages of this Site. Each User shall be, and hereby is, prospectively bound by each and every Modification and, therefore, You should visit this Terms & Conditions page http://www.movedocs.com each time You visit this Site to review the Terms prior to engaging in any other use of this Site. References in these Terms to a “third party” or “third parties” includes, without limitation, persons other than MoveDocs and the User.
1. Purpose. MoveDocs provides the use of this Site as a service to allow its Users to view information, records, data, and other compilations relating to their respective patients and/or clients and to help facilitate communication between attorneys and healthcare providers and facilities with respect to their mutual clients / patients. The use of this Site is not a substitute for direct confirmation of, or requests for, information by any User directly from one or more third parties who authorized, created, produced, or otherwise compiled the same. Each User understands and acknowledges that there may be information relating to a User’s client / patient that is not contained or obtainable on, by, or through the use of this Site and that there may be information concerning his, her, or its client / patient that is in the possession of other persons that a MoveDocs Partner (defined below) is actually or constructively aware of. No MoveDocs Party makes any representation, warranty, or other covenant concerning the correctness and/or completeness of any information, records, data, and/or other compilation regarding any client / patient of any User whatsoever.
2. Website Changes. MoveDocs reserves the right, at any time and from time to time, to modify, suspension, or discontinue, whether temporarily or permanently, the Site and/or any and all features and sections contained within the Site without notice to any User. However, MoveDocs will attempt to, but shall not be obligated to, provide notice of such modifications, suspensions, and/or discontinuances to each registered User by either: (a) posting a link to a page that sets forth the same or a link to such other notice explaining the same; or (b) sending each affected registered User an e-mail to such User’s e-mail address of record with MoveDocs that explains the same. MoveDocs shall not be liable to any User or to any third party whatsoever for any modification, suspension, or discontinuance, whether temporary or permanent, that may be made to the Site or any page that is a part of this Site. MoveDocs reserves the right to send You e-mail for the purpose of informing You of changes and/or additions to this Site, this Agreement, and/or and any other matter MoveDocs deems appropriate.
3. IP Rights and Ownership. The contents of this Site (e.g., text, graphics, images, audio, video, and other material), as well as the underlying html source code of this Site (the "Material") are protected by copyright under both United States and foreign laws, and are owned and/or controlled by MoveDocs or by third parties that have licensed their Material to MoveDocs. Unauthorized use of any of the Material may violate copyright, trademark, and other applicable laws. Each User must retain in all of the Material any and all copyright and other proprietary notices contained therein on any and all permitted reproductions that You may make of the Material. You may not modify, publish, or transmit any of the Material. Additionally, you may not, without the prior written consent and approval of MoveDocs, which may be withheld in MoveDocs’s sole and absolute discretion, do any of the following:
(a) participate, whether directly or indirectly, in the transfer, sale, or other alienation or disposition of any of the Material;
(b) create derivative works from, or in any other way exploit, all or any portion of the Material;
(c) reproduce, display, publicly perform, distribute, or otherwise use all or any of the Material in any way for any public or commercial purpose whatsoever.
Except as may otherwise be indicated on the Material at issue, a User may download (as opposed to copying, redistributing, retransmitting, publishing, or exploiting) Material that is owned or controlled by MoveDocs (as opposed to Material that is used by MoveDocs under right granted to MoveDocs by one or more third parties) only for User's personal use.
Except as otherwise expressly permitted under applicable copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of any of the Material, whether owned by MoveDocs or by one or more third parties, will be permitted without the express written consent or authorization of MoveDocs, which may be withheld in MoveDocs’s sole and absolute discretion and/or the sole and absolute discretion of the third party owner of the same. In the event of any permitted copying, redistribution, retransmission, publication, or commercial exploitation of all or any portion of the Material, User shall not make any change or deletion in, to, or of authorship attribution, any trademark legend, any copyright notice, or any other similar matter or notice whatsoever.
You hereby acknowledge and agree that You do not acquire, and are not acquitting, any ownership rights in or to any of the Material whatsoever by use of this Site, by downloading any of the Material, or otherwise. All trademarks, logos, service marks, and other similar marks and images (the "Marks") that are displayed on this Site are owned by MoveDocs and/or one or more third parties. Each User is hereby prohibited from using any of the Marks without the express, written consent and authorization of MoveDocs and/or the applicable third party, if any, which consent and authorization may be withheld in the sole and absolute discretion of MoveDocs and/or the applicable third party, as the case may be.
To obtain information regarding obtaining permission to use any of the Material and/or any of the Marks, a User should e-mail MoveDocs at admin@MoveDocs.com. MoveDocs and each of its Marks, whether or not the applicable Mark is registered, trademarks and other intellectual property that solely belongs to, and is owned by, MoveDocs. MoveDocs hereby reserves all its rights to each of its Marks. All Marks that are used in this Site that are not owned by MoveDocs constitutes the property of one or more third parties.
4. Links to Third Party Sites; Submissions.
(a) Links. From time to time this Site may contain one or more links to external websites and/or web-based resources that are owned and/or maintained by one or more third parties (each a “Link”). Any and all Links that are contained on this Site are provided solely as a convenience for each User. The inclusion of any such Link on this Site is not, and shall not be interpreted as, an endorsement of any of the content on any website or web-based resource associated with such Link by MoveDocs or any affiliate of MoveDocs. Further, neither MoveDocs nor any affiliate of MoveDocs: (i) is responsible for any content contained on any website or web-based resource associated with any such Link (You hereby acknowledge that neither MoveDocs nor any affiliate of MoveDocs has any direct or indirect control over any of the content contained on any website or web-based resource that is associated with any such Link); (ii) makes any representation or warranty regarding any of the content on any website or web-based resource associated with any such Link or the accuracy of any content thereon; or (iii) is responsible or liable for the availability of any website or web-based resource associated with any such Link, any content, materials (including, without limitation, advertising and marketing material), products, or other thing or matter associated therewith and/or the third party that owns and/or maintains the same. Neither MoveDocs nor any affiliate of MoveDocs is responsible or liable, whether directly or indirectly, for any damage or loss incurred or suffered by any User in connection with any such Link or any website or web-based resource associated with any such Link. Each User hereby acknowledges and agrees that any and all use of a Link and/or a website and/or web-based resource associated with any such Link at the User’s sole risk.
(b) Submissions. All information, data, reports, compilations, text, software, music, sound, photographs, graphics, video, messages, and/or any and all other materials whatsoever (collectively, "User Content"), whether publicly posted or privately transmitted and whether or not transmitted to MoveDocs for posting or transmission, is the sole and absolute responsibility of the User or other person who directly or indirectly posts, transmits, or otherwise directly or indirectly makes the same available on, by, and/or through the Site. This means that the User or other person, and not MoveDocs, is entirely responsible for the User Content that he, she, or it directly or indirectly posts, transmits, or otherwise makes available on, by, or through this Site. Each User hereby agrees that he, she, or it will not transmit User Content or otherwise conduct or participate in any activity on this Site that is, in the opinion of MoveDocs's counsel, prohibited by law in any applicable jurisdiction, including, without limitation, material or activities that: (i) infringe on any patent, trademark, copyright, trade secret, or other proprietary right of any party (the "Rights"), unless the User in question is the owner of the Rights or has the express written permission from the owner of the Right to post or transmit that same to this Site; (ii) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (iii) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing, or otherwise objectionable to another User or any other person or entity that may be able to access the same; (iv) is sexually-explicit; (v) is an advertisement or solicitation for business or that advocates an unsolicited or unrelated position or opinion; (vi) represents any form of "chain letters" or pyramid scheme; (vii) impersonates another User, person, or entity; (viii) intentionally or unintentionally violates any applicable local, state, national, or international law while using or accessing this Site or any of the Material; or (ix) contains a virus, trojan, back door, logic bomb or any other form of malicious code. Each User hereby waives all copyright, moral rights, and any other right to any of the User Content that he, she, or its submits, and grants to MoveDocs a royalty-free perpetual irrevocable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, perform, display, and/or distribute such User Content, whether in whole or in part, worldwide and/or to incorporate the same in other works in any form, media, technology, or now known, whether now existing or hereinafter developed, for the full term of any copyright in such User Content, and to sublicense such rights through multiple tiers of sublicensees. User also hereby grants all other Users the right to copy, download, and store such User Content for such other User's personal use. MoveDocs does not control any of the User Content. MoveDocs has the right, but not the obligation, to monitor submissions by Users, and MoveDocs hereby reserves the right to modify, move, or remove any of the User Content at any time and for any reason in MoveDocs’s sole discretion, as well as the right to terminate a User’s access to the Website for any reason in MoveDocs’s sole discretion including, without limitation, foul language, attempted commercial use of this Site, threats, discriminatory, racist, or abusive language, or any behavior that is deemed objectionable by MoveDocs in MoveDocs’s commercially reasonable determination. Each User is responsible for its own communications and is solely responsible for the consequences of posting any User Content on, to, and/or through this Site. MoveDocs does not screen User Content in advance and is not responsible for screening or monitoring, or obligated to screen or monitor, any User Content or other material posted directly or indirectly by any User, whether prior to or following the posting and/or transmission of the same.
If notified by a User about any communication or User Content that allegedly does not conform to the provisions of this Agreement, MoveDocs may investigate the allegation and determine (in good-faith and its sole discretion) whether or not to remove the same or to request the removal of the same by the User who posted the same. MoveDocs has no liability or responsibility to any User or other person relating to MoveDocs’s performance or non-performance of any such investigation, removal or any User Content, or compelling compliance with any such request for the removal of any User Content. MoveDocs reserves the right, in MoveDocs’s sole and absolute discretion, to restrict any User’s access to this Site for violating this Agreement or any applicable law. MoveDocs also reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process, order, or other governmental request, and/or to edit, refuse to post, or to remove any information or material, whether in whole or in part, in MoveDocs’s sole discretion.
MoveDocs DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTY THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT WHATSOEVER OR ENDORSE ANY OPINIONS EXPRESSED BY ANY USER OR ANY AUTHOR OF ANY USER CONTENT. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON ANY USER CONTENT DIRECTLY OR INDIRECTLY POSTED OR TRANSMITTED BY ANY OTHER USER OR PERSON WILL BE AT HIS, HER, OR ITS SOLE AND ABSOLUTE RISK.
5. User Representations, Warranties, & Covenants.
Each User hereby represents, warrants, and covenants that:
(a) User will use this Site for lawful purposes only; and
(b) no materials of any kind submitted by, or for the benefit of, User:
(i) will or does violate or infringe in any way upon the rights of any other person whatsoever, whether now existing or hereafter acquired;
(ii) are or will be unlawful, threatening, abusive, defamatory, vulgar, obscene, or profane (all as MoveDocs may solely determine);
(iii) encourages or will encourage any person to engage in acts or omissions that may constitute a criminal offense, conduct that may constitute moral turpitude, may give rise to civil liability, or that may otherwise violate any applicably governmental law, statute, rule, order, ordinance, or other regulation; or
(iv) without the prior written consent of MoveDocs, which may be withheld in the sole and absolute discretion of MoveDocs, contains any advertising, solicitation, or other marketing material with respect to any product or service whatsoever.
6. MoveDocs Makes No Representations, Warranties, or Covenants. Each User hereby acknowledges and agrees that the Material may contain inaccuracies and/or typographical errors. Each User hereby further acknowledges and agrees that MoveDocs makes no representations, warranties, covenants, or other endorsements whatsoever with regard to the accuracy, reliability, completeness, or timeliness of any portion of the Material or any information, reports, data, or other compilations made from, or that otherwise include, any of the Material. Information, reports, data, or other compilations obtained by You from, or received by You through this Site, should not be relied upon for personal, legal, and/or financial decisions. To that end, each User is responsible to confirm the correctness and/or completeness of all portions of the Material and any and all information, reports, data, and/or other compilations obtained by You and/or created by you from information, reports, data, and/or other compilations obtained by and/or through this Site. Each User acknowledges and understands that certain of the Material and certain of the other information, reports, data, and/or other compilations that are included in, posted to, or otherwise accessible on, by, and/or through this Site have been or may be created, produced, authorized, and/or otherwise created by one or more third parties and that MoveDocs is not responsible for, and makes no representations, warranties, or covenants whatsoever with respect to the same.
7. User Disclaimer of Liability. EACH USER EXPRESSLY AGREES THAT THE USER UNDERTAKES THE USE OF THIS SITE IN ALL RESPECTS AT THE USER’S OWN RISK. NEITHER MOVEDOCS NOR ANY OF MOVEDOCS’S AFFILIATES, OR ANY OF THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, PARTNERS, DIRECTORS, MANAGERS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY WITH MOVEDOCS “MoveDocs Parties”) REPRESENT, WARRANT, OR COVENANTS THAT THIS SITE WILL OPERATE UNINTERRUPTED OR WITHOUT ERROR, FAILURE OF PERFORMANCE, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY in OPERATION, DELAY IN TRANSMISSION, COMPUTER VIRUS, MALICIOUS CODE, COMMUNICATION LIVE FAILURE, INFORMATION THEFT, DESTRUCTION TO CONTENT (INCLUDING THIRD-PARTY CONTENT), AND/OR UNAUTHORIZED ACCESS. EACH USER SPECIFICALLY ACKNOWLEDGES THAT NO MOVEDOCS PARTY SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER USER OR ANY THIRD-PARTY CONTENT. EACH USER HEREBY ACKNOWLEDGES AND AGREES THAT ALL RISKS OF INJURY FROM THE ABOVE DESCRIBED MATTERS RESTS ENTIRELY AND SOLELY WITH EACH USER.
ADDITIONALLY NO MOVEDOCS PARTY MAKES ANY REPRESENTATION, WARRANTY, OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE. THIS SITE, and all the information, content, data, reports, Materials, and other compilations contained on or obtained by and/or from this Site IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION, WARRANTY, or COVENANT OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY, AND/OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY and all DAMAGES OR INJURY CAUSED BY ANY OF THE ABOVE DESCRIBED ASSUMED RISKS AND APPLIES TO ALL CAUSES OF ACTION THAT ANY USER MAY BRING AND/OR ASSERT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LIABILITY. FURTHER, EACH USER HEREBY ACKNOWLEDGES AND AGREES THAT NO MOVEDOCS PARTY SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER USER OR ANY THIRD PARTY AND THAT ANY AND ALL RISKS OF INJURY RESULTING THEREFROM IS THE SOLE AND ABSOLUTE RISK OF THE USER AND SUCH RISKS REST SOLELY AND ENTIRELY WITH THE USER.
8. User Disclaimer of Damage. IN NO EVENT SHALL ANY MOVEDOCS PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY MOVEDOCS PARTY OR ANY SUPPLIER THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY USER IS DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS, SUCH USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. UNDER NO CIRCUMSTANCES SHALL ANY MOVEDOCS PARTY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THIS SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THIS SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
9. Indemnity. Each User agrees to defend, indemnify, and hold harmless each MoveDocs Party from and against any claims, actions, demands, suits, or other proceedings (including without limitation, reasonable legal and accounting fees and costs) directly or indirectly relating to and/or resulting from: (a) any use of this Site, any of the Material, and/or any third party information, data, reports, or other compilations on this Site and/or obtained through this Site by User or through User's account; (b) or by User's breach of any term or condition that is contained in this Agreement. MoveDocs shall provide notice (whether by e-mail, fax, personal deliver, first-class mail, or by other commercially reasonable means employed by MoveDocs) to the affected User of any such claim, suit, action, demand, suit, or proceeding and shall assist the affected User, at the sole cost and expense of the affected User, in defending any such claim, action, demand, suit, or other proceeding. MoveDocs hereby reserves the right, at MoveDocs’s own cost and expense, to assume the exclusive defense and control of any matter that is subject to the User’s indemnification obligations under this section.
11. Registration. To gain a greater level of access to the Material and User Content that is available on, by, or through this Site, a User must be authorized by MoveDocs. Once authorized, a User will select a password and be assigned identification (“ID”). Each User is expressly prohibited from using another’s User's ID without such other User’s prior authorization. Failure to comply with the foregoing provision constitutes a breach of this Agreement that may result in immediate termination of not only the violating User's ID, authorization to use this Site, and access to this Site, but also the User ID, authorization to use this Site, and access to this Site by the person whose ID was used without authorization. Each User shall be solely responsible for maintaining the confidentiality of his, her, or its own password and User ID. Each User shall notify MoveDocs of any known or suspected unauthorized use(s) of his, her, or its account, User ID, or any known or suspected breach of security, including, without limitation, loss, theft, and/or unauthorized disclosure of his, her, or its confidential information.
12. No Health Information. Each User hereby acknowledges and agrees that User Content and Material provided through this Site is done so as a service for the User and does not constitute medical advice or health information originating with MoveDocs or any other MoveDocs Party. Each User hereby acknowledges and agrees that MoveDocs is not a medical or other healthcare provider and that by directly or indirectly maintaining this Site and/or by permitting Materials and User Content to be directly or indirectly accessed on, by, and/or through this Site, MoveDocs is not providing medical advice or other information relating to the health of any person whatsoever. All medical information, healthcare information, and healthcare should be obtained directly from medical professionals, healthcare providers, and/or healthcare facilities. The records that are able on, by, and/or through this Site (whether Materials or User Content) have all been produced and/or authored by third party medical providers, healthcare providers, and/or healthcare facilities. As such, no MoveDocs Party makes any representation, warranty, or covenant whatsoever regarding any of the information contained therein. All information, opinions, representations, warranties, and covenants contained in any and all such records are the opinions, representations, warranties, and covenants of one or more third parties and no MoveDocs Party is or shall be liable or otherwise responsible for any of the foregoing.
13. General. All legal issues arising from or related to . All legal issues arising from or related to the use of this Site shall be construed in accordance with and determined by the laws of the State of Nevada applicable to contracts entered into and performed within the State of Nevada, without respect to its conflict of laws principles. By using this Site, You agree that the exclusive forum for any claim or cause of action arising out of Your use of this Site shall be either any state or federal court located in Clark County, Nevada. By using this Site, You hereby irrevocably waive, to the fullest extent permitted by applicable law, any and all objections to venue in Clark County, Nevada that You may now have or hereafter acquire, including, without limitation, all obligations relating to and/or based on inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, then such invalidity of such provision shall not affect the validity of any of remaining provisions of this Agreement, all of which shall remain in full force and effect. No waiver of any term or breach of this Agreement shall be deemed a further or continuing waiver of such term or breach or any other term or breach of this Agreement. This Agreement constitutes the entire Agreement between User and MoveDocs with respect to the use of this Site. Any changes to this Agreement may only be made by MoveDocs and must be made in writing, signed by an authorized representative of MoveDocs. The posting of any and all changes to this Site shall, for all purposes of this Agreement, constitute a writing by MoveDocs and a signature by an authorized representative of MoveDocs. MoveDocs reserves the right to send You e-mail for the purpose of informing You of changes and/or additions to this Site, this Agreement, and/or and any other matter MoveDocs deems appropriate. The section headings used in these Terms are solely for convenience and shall not be given any legal import in making interpretations of this Agreement.