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IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT.

By accessing this website and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not access this website. CHOICE Medical Management (“CHOICE”) reserves the right to change these Terms and Conditions of Use, which you are responsible for regularly reviewing, and your continued use of this website constitutes agreement to all such changes.

General Information

Unauthorized use of CHOICE's website and systems, including, but not limited to, unauthorized entry into CHOICE's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this website in any manner that could damage, disable, overburden, or impair any CHOICE website or service or interfere with any other party's use and enjoyment of any CHOICE website or service. You may not attempt to gain unauthorized access to any CHOICE website or service, computer systems or networks connected to any CHOICE website or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this website that are contrary to applicable laws or regulations.

CHOICE reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this website and to suspend and/or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and CHOICE does not undertake any obligation or responsibility to update or amend any such information. CHOICE may discontinue or change any product or service described in or offered on this website at any time.

Usage

In order to use the website and it's services, you must be at least 18 years of age. In consideration of your use of the services, you agree to provide true, accurate and current information about yourself as prompted by the required application forms. If any information you provide is untrue, inaccurate or not current, or if CHOICE ("www.choicemedmgt.com," "our," "us," or "we") has reasonable grounds to suspect that such information is untrue, inaccurate or not current, CHOICE, at its sole discretion, has the right to refuse all current or future access to the content and use of the services or suspend any portion thereof. Further, you agree that CHOICE will not be liable to you or any third party if CHOICE terminates your access to the services or content for any reason.

In the course of your use of the website, you may be asked to provide information (referred hereinafter as "User Submissions"). User Submissions include, for example, information you submit to us via your registration to access online tools. User Submissions also include information you submit to us via other on-line forms on the website, by e-mail, or in any other manner via the website. Our information collection and use policies with respect to the privacy of personal information are set forth in the website's Corporate Privacy Statement. Please read our Corporate Privacy Statement before submitting any User Submissions. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Submissions. We cannot be responsible for maintaining any User Submissions that you provide to us, and we may delete or destroy any such User Submissions at any time. We reserve the right to refuse to post or to remove any User Submissions, in whole or in part, that, in our sole discretion, are unlawful, unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions of Use.

You warrant and agree that, while using the website, you shall not upload, post or transmit information to that is false or misleading, constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability.

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the website for commercial purposes; (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the website; or (d) attempt to gain unauthorized access to other computer systems through the website. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

Any passwords used for this website are for individual use only. You will be responsible for the security of your password (if any). CHOICE will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that CHOICE considers insecure, CHOICE will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CHOICE reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. CHOICE reserves the right to investigate suspected violations of these Terms and Conditions of Use. CHOICE reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing CHOICE to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.

You agree to defend, indemnify and hold CHOICE, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your misuse of the website, your placement or transmission of any message, content, information, software or other materials through the website, or your breach or violation of the law or of these Terms and Conditions of Use.

Privacy Policy

See the CHOICE Corporate Privacy Statement for information relating to the collection and use of your personal information. CHOICE's Corporate Privacy Statement may be found at the CHOICE website home page.

CHOICE uses certain technology on its websites to collect information from visitors and compiles aggregate statistical information about how visitors use our websites, including information relating to the frequency of visits, the average length of visits, and which pages are viewed during a visit. CHOICE uses this information to improve the website content and performance. No individually identifiable information is collected for this purpose and CHOICE does not monitor individual visitor behavior.

Disclaimer of Warranty and Limitation of Liability

THE INFORMATION, PRODUCTS AND SERVICES ON THIS WEBWEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS. CHOICE DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THIS WEBSITE GENERALLY, EITHER EXPRESSLY OR IMPLIED, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHOICE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES FROM ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, CHOICE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER CHOICE, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY VENDOR, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE, THE DATA CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBWEBSITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CHOICE OR OF ANY VENDOR PROVIDING PRODUCTS OR SERVICES. IN NO EVENT WILL CHOICE OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF CHOICE OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. CHOICE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.

Hyperlinks to Third Parties

This website contains hyperlinks to Third Party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by CHOICE of any information contained in any Third Party website. In no event shall CHOICE be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such website and the website's privacy policy may be different from those applicable to your use of this website.

Third Party Content

CHOICE may be a host to or a distributor of Third Party Content on the website. CHOICE has no editorial control over such Third Party Content. Therefore, any opinions, statements, services, or other information expressed or made available by third parties on the website are those of the Third Party Content Providers. CHOICE does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.

Proprietary Rights

All right, title and interest in this website and any content contained herein is the exclusive property of CHOICE, except as otherwise stated. Unless otherwise specified, this website is for your personal and non-commercial use only and you may print, copy and download any information or portion of this website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this website, except for the purposes expressly provided herein, without CHOICE's prior written approval. If you copy or download any information or software from this website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

CHOICE, the CHOICE logo and other CHOICE trademarks and service marks referenced herein are trademarks and service marks of CHOICE Medical Management. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or websites without the written permission of CHOICE or such third party, which may own the marks.

Changes

The Content on this website, and these Terms and Conditions of Use, are subject to change or updating by CHOICE at any time without advance notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF ANY CHANGES THAT MAY OCCUR. Your continued use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Applicable Law

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the state of Florida, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions of Use shall be in an appropriate state or federal court located in the County of Hillsborough, State of Florida and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions of Use, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use constitute the entire agreement between CHOICE and you with respect to this website and it supersedes all prior or contemporaneous communications, agreements and understandings between CHOICE and you with respect to the subject matter hereof. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings.

 

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