PLEASE READ THESE TERMS & CONDITIONS. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
MedTruth.com (“MedTruth” or “Us”) owns and operates this website (the “Site”).
- Scope and Application
- Terms of Agreement
- 2.1 If we determine that Your submission merits a follow-up, You consent to being contacted at the number You provided by MedTruth.com or an attorney, or law firm which may include being contacted by an autodialer, text message or pre-recorded call. You acknowledge that standard message and data rates apply and that submitting information constitutes your electronic signature for your consent to being contacted and my agreement to the Terms and Conditions. MedTruth.com will not provide your contact information to any unaffiliated third parties.
- 3.1 You represent and warrant that the information provided by You up is up-to-date, materially accurate, and is sufficient for Us to identify You and contact You.
- Arbitration and Waiver of Class Claims
- 4.1 YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND US, ANY AFFILIATED, SUBSIDIARY, OR RELATED COMPANIES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A CALIFORNIA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
- DISCLAIMERS AND LIMITATION OF LIABILITY
- 5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MedTruth EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF QUALITY, AVAILABILITY, HIDDEN DEFECTS, TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTEE OR ASSURANCE THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE.
- 7.1 The Agreement is the entire agreement You have with us regarding the subject matter hereof and supersedes any and all prior or inconsistent understandings. Our Agreement cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a “writing” for purposes of amending or modifying our Agreement or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Agreement. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. You shall not assign, transfer, charge, or make over or purport to assign transfer charge to make over Your rights under this Agreement. Any purported assignment shall be null and void. Headings are purely for reference and shall not affect meaning. Any provision that must survive any termination of Your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim, or action against us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). If we believe, have reason to believe, or are notified of anything that could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’s rights, harasses, or interferes with any other user, interferes with or bypasses security or other protective measures, violates any law or regulation or this Agreement, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with You, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law. Nothing herein or on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by us or by any third party. We make no representation that any of the materials or the services to which You have been given access are available or appropriate for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If You choose to access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable laws, rules, and regulations