Terms of Service

TERMS OF SERVICE

Effective March 15, 2022

1. ACCEPTANCE OF TERMS

The www.mbihsca.com [MBI Health Services, Inc.] welcomes you to its website, which is comprised of various webpages ("Service"). This Service is offered to you conditioned on your acceptance without modification to the following Terms of Service ("TOS"). The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at www.mbihsca.com [MBI Health Services, Inc.] and should check regularly for updates and changes.

 

In addition, when using the Service, you shall be subject to any applicable, posted policies, guidelines, or rules. All such policies, guidelines and rules are hereby incorporated by reference. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

 

The Service is provided "as is" and www.mbihsca.com [MBI Health Services, Inc.] assumes no responsibility for timeliness, non-delivery, or failure to store any communication, writing, image, or personalized settings. Additionally, www.mbihsca.com [MBI Health Services, Inc.] provides information without warranty of any kind and as such, the company is not responsible or liable for the accuracy, content, completeness, legality, or reliability of the information.

2. LINKS TO THIRD PARTY SITES

The www.mbihsca.com [MBI Health Services, Inc.] website may contain links to other websites (“Linked Sites”). The Linked Sites are not under MBI Health Services, Inc.'s control, and it is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MBI Health Services, Inc. is not responsible for any form of transmission received from any Linked Site. MBI Health Services, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply that MBI Health Services, Inc. endorses the site.

3. RULES OF BEHAVIOR

All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, www.mbihsca.com [MBI Health Services, Inc.] can discontinue their ability to use the site at any time.

  • The website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only, if at all, to post, send and receive messages and material that are proper and related to the particular Communication Service. You are solely responsible for your own communications, including any data, images, graphics, text, audio, video, email, links, and/or screen names you use on the site. You agree to only use the Service to post and receive communications and content that are legal and proper.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, sexually explicit, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).

  • Upload files that contain software or any material protected by intellectual property laws (or by rights of privacy of publicity).

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, you should not distribute.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses.

  • Violate any applicable laws or regulations.

www.mbihsca.com [MBI Health Services, Inc.] has no obligation to monitor the Communication Services. However, www.mbihsca.com [MBI Health Services, Inc.] reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. www.mbihsca.com [MBI Health Services, Inc.]reserves the right to terminate your access to any of the Communication Services at any time without notice for any reason whatsoever.

 

You may only use this website for purposes expressly permitted by the TOS. As a condition of your use of www.mbihsca.com [MBI Health Services, Inc.] , you represent and warrant to www.mbihsca.com [MBI Health Services, Inc.] that you will not use the website and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.

You understand that you may receive business-related communications from www.mbihsca.com [MBI Health Services, Inc.] such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them.

4. CONTENT

www.mbihsca.com [MBI Health Services, Inc.] shall have no liability of any kind with respect to any content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any content. In this regard, you may not rely on any content created by other www.mbihsca.com [MBI Health Services, Inc.]members or otherwise created, distributed and displayed on any part of the Service. www.mbihsca.com [MBI Health Services, Inc.] does not control or monitor all of the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content.

 

You acknowledge that www.mbihsca.com [MBI Health Services, Inc.] may or may not pre-screen content but that www.mbihsca.com [MBI Health Services, Inc.] and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any content that violates these TOS and/or is otherwise objectionable as determined by www.mbihsca.com [MBI Health Services, Inc.] in its sole discretion.

5. INDEMNITY

You agree to indemnify, defend, and hold www.mbihsca.com [MBI Health Services, Inc.] , its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation.

6. MODIFICATION & TERMINATION OF THE SERVICE

www.mbihsca.com [MBI Health Services, Inc.] reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that www.mbihsca.com [MBI Health Services, Inc.] will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.

7. www.mbihsca.com [MBI Health Services, Inc.] PRIVACY POLICY

Personal and certain other information is subject to HIPPA laws and our Privacy Policy. As a condition of using the Service you agree to the terms of HIPAA laws and the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at [web address/link]. You agree that your use of this Service is subject to HIPPA laws and the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the HIPPA laws and Privacy Policy and agree with its terms in its entirety.

8. REGISTRATION

In order to use certain aspects of the Service you may be required to register. Registered users are subject to the following specific terms in addition to the other terms in this Agreement:

  • In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen years of age in the United States and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.

  • You agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, www.mbihsca.com [MBI Health Services, Inc.] has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).

  • You agree that www.mbihsca.com [MBI Health Services, Inc.] may, under certain circumstances and without prior notice, immediately terminate your www.mbihsca.com [MBI Health Services, Inc.] account, any associated username and/or access to the Service. You agree that any termination is in www.mbihsca.com [MBI Health Services, Inc.] ’s sole discretion and that www.mbihsca.com [MBI Health Services, Inc.] will not be liable to you or any third party for any termination of your account, password, username, deletion of content and/or access to the Service.

  • You agree that your account is non-transferable and any rights to your account, password, username terminate upon your death or disability and/or termination of account for any reason.

  • You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact www.mbihsca.com [MBI Health Services, Inc.] immediately. It is up to you to maintain the confidentiality of your password and account. www.mbihsca.com [MBI Health Services, Inc.] is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.

9. PRACTICES REGARDING USE AND STORAGE

You acknowledge that www.mbihsca.com [MBI Health Services, Inc.] may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on www.mbihsca.com [MBI Health Services, Inc.]’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that www.mbihsca.com [MBI Health Services, Inc.] has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that www.mbihsca.com [MBI Health Services, Inc.] reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that www.mbihsca.com [MBI Health Services, Inc.] has the right to modify these practices and limits from time to time.

10. WWW.MBIHSCA.COM [MBIHSCA] PROPRIETARY RIGHTS; TRADEMARKS & COPYRIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of www.mbihsca.com [MBI Health Services, Inc.] and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by www.mbihsca.com [MBI Health Services, Inc.] or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge www.mbihs.com [MBI Health Services, LLC.]’s exclusive rights in the www.mbihsca.com [MBI Health Services, Inc.] trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on www.mbihsca.com [MBI Health Services, Inc.] are the property of www.mbihsca.com [MBI Health Services, Inc.] or the party that provided such intellectual property to www.mbihsca.com [MBI Health Services, Inc.] . www.mbihsca.com [MBI Health Services, Inc.] and any party that provides intellectual property to www.mbihsca.com [MBI Health Services, Inc.] retain all rights with respect to any of their respective intellectual property appearing on www.mbihsca.com [MBI Health Services, Inc.] and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

11. NO CO-BRANDING OR FRAMING

You may not use or authorize any party to co-brand or frame www.mbihsca.com [MBI Health Services, Inc.] or any Service without the express prior written permission of an authorized representative of www.mbihsca.com [MBI Health Services, Inc.], as applicable, in each instance. For purposes of this TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute www.mbihsca.com [MBI Health Services, Inc.], in whole or in part, and/or any content accessible within www.mbihsca.com [MBI Health Services, Inc.] For purposes of this TOS, "framing" refers to displaying any www.mbihsca.com [MBI Health Services, Inc.] webpage or Service within a bordered area of another website, regardless of whether the address of the originating www.mbihsca.com [MBI Health Services, Inc.] is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from www.mbihsca.com [MBI Health Services, Inc.].

12. DISCLAIMER OF WARRANTIES

The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. www.mbihsca.com [MBI Health Services, Inc.] expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

www.mbihsca.com [MBI Health Services, Inc.] makes no warranty that (1) the service will meet your requirements, (2) the service will be uninterrupted, timely secure, or error-free, (3) the results of using the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained through your use of the service will meet your expectations, or (5) that the software will be error-free and/or any errors in the software will be corrected.

 

No advice or information, whether oral or written, obtained by you from www.mbihsca.com [MBI Health Services, Inc.] or through or from the Service shall create a warranty not expressly stated in these TOS.

13. LIMITATION OF LIABILITY

You expressly understand and agree that www.mbihsca.com [MBI Health Services, Inc.] will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if www.mbihsca.com [MBI Health Services, Inc.] has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will www.mbihsca.com [MBI Health Services, Inc.] be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.

14. PERSONALLY IDENTIFIABLE INFORMATION

www.mbihsca.com [MBI Health Services, Inc.] cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort to preserve your privacy, www.mbihsca.com [MBI Health Services, Inc.] agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in HIPPA laws and its Privacy Policy located at [web address/link].

15. DISCLOSURES REQUIRED BY LAW

www.mbihsca.com [MBI Health Services, Inc.] reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, court order or governmental request. www.mbihsca.com [MBI Health Services, Inc.] shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

 

By accepting this agreement you waive all rights and agree to hold www.mbihsca.com [MBI Health Services, Inc.] harmless from any claims resulting from any action taken by www.mbihsca.com [MBI Health Services, Inc.] during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either www.mbihsca.com [MBI Health Services, Inc.] or any law enforcement ore regulatory authorities.

16. DISPUTES

If there is any dispute about or involving the www.mbihsca.com [MBI Health Services, Inc.] and/or the Service, you agree that any dispute shall be governed by the laws of California, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by any venue in the local and federal courts of Washington D.C.

 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

17. MISCELLANEOUS TERMS; GENERAL INFORMATION

These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.mbihsca.com [MBI Health Services, Inc.] with respect to the Service and this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to HIPAA and the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. www.mbihsca.com [MBI Health Services, Inc.] may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

 

The failure of www.mbihsca.com [MBI Health Services, Inc.] to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by www.mbihsca.com [MBI Health Services, Inc.] must be in writing and signed by an authorized representative of www.mbihsca.com [MBI Health Services, Inc.] to be effective.

 

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

 

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

 

Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

 

Please immediately report any violations of these TOS to: compliance@mbihsca.com.