User login

TERMS AND CONDITIONS

Acceptance of Terms and Conditions of Use

Medical Management Online, Inc. (“MMO”) makes www.medicalmanagementonline.com (the “Web Site”), including all information, documents, images, data, files and text available through the Web Site (collectively, the “Materials”) and all services operated by MMO and third parties through the Web Site (collectively, the “Services”), available for your use subject to these terms and conditions and any changes to these terms and conditions that MMO may publish from time to time (collectively, the “Terms of Use). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information you submit is correct.

BY USING THE WEB SITE AND/OR COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “SUBMIT” BUTTON, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY; AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

MMO reserves the right to change the Terms of Use and other guidelines or rules posted on the Web Site, including any charges associated with the use of the Web Site, from time to time at its sole discretion, and will provide notice of material changes on the home page of the Web Site. Your continued use of the Web Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Web Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Web Site at the time of such use. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this Web Site following changes to these Terms of Use will constitute your acceptance of all such changes. If you breach any of the Terms of Use, your authorization to use this Web Site will automatically terminate, and any Materials downloaded or printed from the Web Site in violation of the Terms of Use must be immediately and properly destroyed. MMO suggests you print a copy of the Term of Use and Privacy Policy as defined below for your records.

Personal Information and Privacy

To learn about how MMO protects personal information refer to MMO’s Online Privacy Policy. Except as set forth in the Privacy Policy or in these Terms of Use, personal information will be deemed to be confidential. You understand and agree that we may disclose information if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, to protect the rights, property, or safety of MMO or others, or if permitted by MMO’s Privacy Policy.

Software

Your use of any software associated with the Web Site will be governed by the terms and conditions of the end user license agreement (“EULA”) accompanying such software. If you receive any software that is not accompanied by a EULA, then MMO grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Web Site and in accordance with this Agreement. MMO reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. MMO or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. MMO may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Web Site.

Use of Services and Materials

When using Services and Materials on this Web Site, you will be subject to any posted guidelines, rules applicable to such Services and Materials and to the Terms of Use. Such guidelines or rules may contain terms and conditions in addition to those in the Terms of Use.

YOU ASSUME ANY AND ALL RISKS FOR ANY AND ALL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF ANY DATA THAT RESULTS FROM OBTAINING ANY CONTENT, MATERIALS OR SERVICES FROM THE WEB SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

Use and Protection of Account Number and Password.

You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to: (a) notify MMO immediately of any unauthorized use of your password or account or any other breach of security of which you become aware; (b) use reasonable security precautions with your own computer, including not recording the MMO password where it may be discovered by others: and (c) exit completely from your account at the end of each session. MMO will not be liable for any loss that you may encounter as a result of someone else using your password or account, either with our without your knowledge. However, you could be held liable for losses incurred by MMO or another party due to someone else using your account or password unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own. You may not use anyone else’s account at any time without the permission of the account holder.

Confidentiality of Information.

These Terms of Use impose no obligation upon you with respect to the Materials or other confidential information to the extent you can establish by legally sufficient evidence that:

  1. You possessed them prior to your receipt of them from MMO, without an obligation to maintain their confidentiality;
  2. They are or become generally known to the public through no act or omission by you, or otherwise without violation of these Terms of Use;
  3. You obtained them from a third party who had the right to disclose them to you without an obligation to keep such information confidential;
  4. You independently developed them without the use of confidential information and without the participation of individuals who have had access to them; and
  5. They are required to be disclosed in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms of Use, provided that MMO receives reasonable prior written notice and the opportunity to object to the disclosure before such disclosure is made.

User Conduct: Unlawful or Prohibited Uses

In using the Web Site, including all Services and Materials available through it, you agree:

  1. Not to disrupt or interfere with any other user’s access or use of the Web Site.
  2. Not to upload, post, or otherwise transmit through the Web Site any viruses, Trojan Horses, worms, cancelbots, corrupt files, time bombs, or other harmful, disruptive, or destructive files that may damage the operation of the Web Site, or MMO or another’s computer or property.
  3. Not to create a false identity, pretend to be someone else or spoof MMO’s identity.
  4. Not to use or attempt to use another’s account, password, or service.
  5. Not to access or attempt to access any images which you are not authorized to access.
  6. Not to attempt to or gain unauthorized access to any of MMO’s systems, networks or servers through hacking, password mining, or any other means.
  7. Not to violate any applicable laws or regulations.
  8. Not to participate in the unauthorized disclosure of private or confidential information.
  9. Not use the Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. (MMO may use filtering technology or other measures in its efforts to sop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Web Site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you though the Web Site.

Use of the Web Site

Except as indicated to the contrary elsewhere on this Web Site, you may view, download and print selected portions of the Materials on this Web Site, subject to the following conditions:

  1. The Web Site may be used solely for business, informational, and internal purposes.
  2. The Web Site may not be distributed or sold, rented, leased, or licensed to others.
  3. You may not transmit any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements).
  4. You may not remove any copyright or other proprietary notices contained within the Web Site.
  5. MMO reserves the right to revoke your authorization to view, download, and print images available on this Web Site at any time, and any such use will be discontinued immediately upon notice from MMO.
  6. The rights granted to you constitute a limited license and not a transfer of title.

Fees and Expenses

You agree to pay all fees, expenses, and assessments imposed or levied by MMO for your use of the Web Site and Materials. The fees, expenses, and assessments payable by you under this Agreement will be paid at such times as are determined by the MMO. All amounts will be due and payable in United States dollar currency within thirty (30) days from the date set by MMO for payment. All dues, fees and assessments imposed or levied by MMO are nonrefundable and may not be prorated.

Termination of Account or Content

MMO, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Materials within the Service, for any reason, including, without limitation, if you have provided MMO with false or misleading registration information, if you have not used your account for an extended period of time, or if MMO believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. MMO may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of the Terms of Use may be effected without prior notice, and acknowledge and agree that MMO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that MMO will not be liable to you or any third-party for any termination of your access to the Services.

Proprietary Rights

You acknowledge and agree that the Services and any necessary software used to provide such service contain proprietary and confidential information that is protected by intellectual property and other laws. You further acknowledge and agree that the entire content presented to you through this Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorized by MMO, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or its software.

The trademarks, logos, and service marks (“Marks”) displayed on this Web Site are the property of MMO or third parties. You are not permitted to use the Marks without the prior written consent of MMO or such third party that may own the Marks. The MMO logo is a trademark of MMO, Inc.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, WILL MMO, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, BUSINESS, REVENUE, PROFITS, OR GOODWILL, WHETHER OR NOT MMO HAS BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN THE POSSIBILITY OF, SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF, OR THE INABILITY TO USE OR ACCESS, THE MATERIALS, SERVICES OR WEB SITE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ANY UNAUTHORIZED ACCESS TO ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR THE LOSS OF DATA, FILES, OR OTHER CONTENT, THE ACCURACY OR COMPLETENESS OF THE SERVICES, MATERIALS OR WEB SITE, AND/OR ANY SERVICES AVAILABLE THROUGH THE WEB SITE THAT ARE DELAYED OR INTERRUPTED.

IN NO EVENT WILL MMO’S (OR ANY OF ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS) TOTAL LIABILITY TO YOU EXCEED $500 UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT, QUASI-CONTRACT, STRICT LIABILITY, WARRANTY, TORT (INCLUDING THE SOLE OR CONCURRENT NEGLIGENCE), FAULT, OR ANY OTHER THEORY OF LAW OR CAUSE OF ACTION.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU IN THOSE INSTANCES.

Indemnification

You agree to defend, indemnify and hold harmless MMO from and against all claims, losses, liabilities, damages, costs, including reasonable legal related expenses, arising from your misuse or unauthorized access of the Web Site, Services or Materials.

Governing Law and Jurisdiction

This Web Site is controlled by MMO from its offices within the State of Oregon, United States of America. By accessing this Web Site, you and MMO agree that all matters relating to your access to, or use of, this Web Site will be governed by the statutes and laws of the State of Oregon, without regard to the conflicts of laws principles thereof. YOU AND MMO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Arbitration of Disputes

You and MMO also agree any dispute or claim that arises out of or that relates to this Agreement, or to the interpretation or breach thereof, will be resolved by arbitration in accordance with the then effective arbitration rules of Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.

If the amount in controversy is $50,000 or less, the dispute will be decided by a sole arbitrator, and if the amount exceeds $50,000, the dispute will be decided by a panel of three arbitrators unless all parties to the dispute agree to use a sole arbitrator. An arbitrator will be an attorney who has practiced law for not less than ten years and will be chosen by mutual agreement of the parties.

Each party will be entitled to discovery as to any other party, which discovery will be conducted in accordance with Oregon Rules of Civil Procedure, except that motions relating to discovery will be decided by the (chief) arbitrator.

The hearing will take place in the metropolitan area of Portland, Oregon.

If the procedural rules governing the arbitration do not require a prehearing exchange between the parties of a list of documents and witnesses intended to be presented at the hearing, each party will deliver to the other party/parties not less than 30 days prior to the hearing a list of the names, addresses, and day-time telephone numbers of the proposed witnesses and a list of the proposed documents that the party intends to use at the hearing and will promptly deliver a copy of any listed document to a party who requests it.

In the event of any arbitration or litigation relating to the Agreement, the prevailing party will be entitled to reasonable attorney fees, plus all costs and expenses related to or arising out of the litigation, including any appeal, regardless of whether those costs or expenses are typically permitted as prevailing party costs under Oregon law.

General

The Terms of Use and Privacy Policy posted on this Web Site constitute the entire agreement between MMO and you with respect to your use of the Web Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use will continue in full force and effect. Any failure by MMO to enforce or exercise any provision of the Terms of Use or related right will not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

MMO may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Web Site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and MMO with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MMO with respect to the Web Site.

The rights, obligations, benefits, warranties, indemnities, covenants, representations and guarantees of this Agreement will survive its termination as provided in this Agreement, and will be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, executors, and personal representatives.

Any notice required or permitted under this Agreement will be made by regular mail, e-mail or facsimile, to the following addresses until modified:

As to Medical Management Online, Inc.:

Medical Management Online, Inc.
David Konz
1404 NE 134th Street, Suite 100
Vancouver, WA 98685
e-mail: davek@medicalmanagementonline.com

Copy to:

Shawn M. Lindsay
Markowitz. Herbold, Glade & Mehlhaf, P.C.
1211 SW Fifth Avenue, Suite 3000
Portland, OR 97204
phone: (503) 295-3085
facsimile: (503) 323-9105
e-mail: ShawnLindsay@MHGM.com

WARRANTY DISCLAIMER

MMO HEREBY DISCLAIMS ANY AND ALL WARRANTEES, EXPRESS OR IMPLIED, REGARDING THE WEB SITE, MATERIALS AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.