Legal Notice

Introduction

By using the Medical Banking Project (“MBPROJECT”) Website (“Site”), you agree, without limitation or qualification, to be bound by the foregoing terms and conditions and such other additional or alternative terms, conditions, rules, and policies implemented by MBPROJECT from time to time in its sole discretion (collectively the “Terms and Conditions”).

Restriction on Use of Materials

All information contained on the Site (“Content”), including copyright and other intellectual property rights in the Content, shall remain the exclusive property of MBPROJECT. MBPROJECT grants the user a non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own internal business purposes only, provided that Content is not modified. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, or broadcast any of the Content obtained through the Site, without the prior written consent of MBPROJECT.

Professional Information Disclaimer

The MBPROJECT Site makes available certain information related to various professional fields such as, without limitation, health, law, accounting, financial matters (“Professional Information”). The Professional Information is provided for general informational purposes only and should not be interpreted as a recommendation for a specific plan or course of action. Use of the Site does not replace consultations with a qualified medical, legal, financial, or other relevant professional. In addition, while the Professional Information is frequently updated, the information changes rapidly and therefore, some of the Professional Information may not be up-to-date. You agree that all risks associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that MBPROJECT, its owners, employees, consultants, affiliates, or subsidiaries, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.

Content Linked to the Site

The MBPROJECT Site may contain links that take users to other websites. MBPROJECT provides these links only as a convenience and not as an endorsement by MBPROJECT. These linked sites are not necessarily under the control of MBPROJECT. If you decide to visit a linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. MBPROJECT is not responsible for the content of any such linked sites or any other web page which is not under the sole control of MBPROJECT. Unless otherwise expressly provided, MBPROJECT makes no representation or warranty regarding, and does not endorse, any linked site or the information, products, or services appearing thereon. Accordingly, you agree that MBPROJECT will not be responsible or liable in any way for the accuracy, relevance, copyright compliance, legality, or decency of material contained in any site linked from the Site.

Privacy

MBPROJECT will not provide your email address or any other personally identifiable information to any third party. Your personal information will only be used by MBPROJECT representatives in response to your requests for assistance or to fulfill electronic purchases. The following exceptions will apply:
(1) If the disclosure is required by law; and/or
(2) Providing information is necessary pursuant to legal action against parties who violate the Terms and Conditions of Use.

Indemnification

You agree to defend, indemnify, and hold harmless MBPROJECT, its affiliates, licensors, employees, agents, contractors, offices, directors, including all third persons mentioned on a MBPROJECT website, from and against any and all claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of the Terms and Conditions; (b) your access to or use of the MBPROJECT Site or Content; (c) your use or reliance on, or publication, communication, or distribution of anything on or from a MBPROJECT Site. You shall use your best efforts to cooperate with MBPROJECT in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MBPROJECT, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER MBPROJECT HAD BEEN ADVISED OR COULD HAVE FORSEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR INABILTIY TO USE THE MBPROJECT SITE; (B) ANY ANAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF THE CONTENT; OR (C) ANY OTHER MATTER RELATING TO THE MBPROJECT SITE.

You expressly acknowledge that MBPROJECT has entered into this agreement, and has and will make a MBPROJECT Site and Content availability to you to the extent provided herein in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and MBPROJECT. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a breach, the failure of essential purpose of agreement, the failure of any exclusive remedy, or termination of this agreement.

Termination

You acknowledge and agree that MBPROJECT, in its sole discretion, may, without notice to you, suspend or terminate the MBPROJECT Site, remove and discharge any Content, for any reason. You further agreement that MBPROJECT shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the MBPROJECT Site, Content, or with any terms, conditions, rules, policies, guidelines, or practices of MBPROJECT in operating the Site, your sole and exclusive remedy is to discontinue using the MBPROJECT Site.

Governing Law/Jurisdiction

The Terms and Conditions shall be interpreted, construed, and governed by the laws in force in the State of Tennessee without reference to conflict of laws principles. Each party agrees to submit to the jurisdiction of the State courts in Williamson County, Tennessee and to waive any objections based upon venue.

Miscellaneous

This agreement is personal to you, and you may not assign your rights or obligations to anything. The Terms and Conditions constitute the entire agreement between MBPROJECT and you pertaining to your use of the MBPROJECT Site and Content. MBPROJECT’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions or parts contained in these Terms and Conditions are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions or parts contained herein. No changes to these Terms and Conditions shall be made except for a revised posting on this page, or except as otherwise contemplated herein.

Date of Posting Terms and Conditions: 6/01/2001