PLEASE READ THESE TERMS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MEDICAL TRANSPORTATION MANAGEMENT, INC. AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
By visiting, accessing, and/or using the MTM Websites, you agree to be bound by these Terms. MTM reserves the right to modify or terminate the MTM Websites or your access to and use of the MTM Websites or any portion thereof at any time and for any reason. You further represent and warrant that you are at least 18 years of age and that you have the right, authority, and capacity to enter into and abide by these Terms. Access to and use of password protected and/or secure areas of the MTM Websites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the MTM Websites may be subject to prosecution.
1. The MTM websites
The MTM Websites include the websites, applications, content, and related services of MTM and its affiliates, including the specific website or application in which these Terms are posted.
2. Intellectual Property
The MTM Websites may contain proprietary notices and copyright information, the terms of which must be observed and followed. Any content on the MTM Websites, including but not limited to graphics, logos, text, icons, images, audio or visual clips, digital downloads, data compilations, and software is the property of MTM and its affiliates, and is protected by United States and international copyright laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, or licensing creative derivative works or using any content on the MTM Websites for personal, commercial, or public purposes.
3. Modification of the Terms
MTM may amend these Terms from time to time at its sole discretion. Amendments or changes to these Terms shall be effective upon MTM’s posting of such amendments or changes. Your continued access to and/or use of the MTM Websites will be subject to your acceptance of any amendments or changes to these Terms.
With respect to your access to and use of the MTM Websites, you may not:
- Violate any federal, state, or local law, statute, rule, permit, ordinance, or regulation;
- Use the MTM Websites to stalk, threaten, or otherwise harass any person;
- Use the MTM Websites to post information or interact through the MTM Websites in any way that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- Remove any copyright, trademark, or other proprietary notices from any portion of the MTM Websites;
- Reproduce, modify, prepare derivative works based upon, distribute, license, sell, resell, transfer, or otherwise exploit the MTM Websites without MTM’s express written consent;
- Decompile, reverse engineer, or disassemble the MTM Websites except as may be permitted by applicable law;
- Attempt to gain unauthorized access to or impair any aspect of the MTM Websites or its related systems or networks.
MTM monitors network traffic, web and application servers, and logs to identify unauthorized attempts to upload, change or otherwise cause damage to the MTM Websites. MTM reserves the right to modify or terminate your access to and use of the MTM Websites or any portion thereof at any time should MTM determine, in its sole discretion, that you have violated these Terms and/or have attempted to, or have successfully changed or caused damage to the MTM Websites.
6. Disclaimers and Limitation of Liability
The MTM websites are provided “as is” and “as available”. MTM does not make any warranties or representations, express or implied, including without limitation, any implied warranty of merchantability, any implied warrant arising from the course of dealing, fitness for a particular purpose, and non-infringement, as to the MTM websites. MTM further disclaims all warranties and representations with respect to reliability, timeliness, quality, suitability, or availability of the MTM websites. You agree that the entire risk arising out of your use of the MTM websites remains solely with you to the maximum extent permitted under applicable law. MTM may provide links to other sites as a convenience, but is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by MTM of the linked site.
In no event will MTM or its affiliates have any liability for any special, indirect incidental, exemplary, or consequential damages arising in any way from any use of the MTM websites, whether or not MTM has been advised of the possibility of these damages. MTM shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the MTM Websites, or your inability to access or use the MTM websites; (ii) ANY Services OR PRODUCTS provided by a third party; or (iii) delay or failure in performance OF THE MTM websites resulting from causes beyond MTM’s reasonable control.
You shall indemnify, defend, and hold harmless MTM and its affiliates and their officers, directors, employees, and agents from and against any and all claims, damages, losses, judgments, liens, penalties, interest, and expenses, including but not limited to reasonable attorneys’ fees, arising or alleged to arise or resulting from (i) your use of the MTM Websites; (ii) the inaccuracy of any representations or warranties of you as stated herein; (iii) your breach of or failure to comply with these Terms; (iv) your violation of any law or the rights of a third party as a result of your own conduct and interaction with such third party; (v) any of your acts, errors or omissions in connection with the MTM Websites.
The MTM Websites and MTM do no knowingly solicit data from children, and we do not knowingly market to children.
You acknowledge that these Terms are reasonable, valid, and enforceable. However, if any part of these Terms is held by a court of competent jurisdiction to be invalid, such provision shall be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable, and the remainder of the provisions of these Terms will in no way be affected or invalidated as a result.
Where any provision in these Terms is found to be unenforceable, MTM shall make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable substitute provision, the effect of which is as close as possible to the intended effect of the original invalid or unenforceable provision.
11. Applicable Law
Your access to and use of the MTM Websites is subject to all applicable federal, state, and local laws and regulations. These Terms shall be construed and enforced in accordance with the laws of the State of Missouri. You agree that any dispute involving these Terms or any aspect of the MTM Websites provided pursuant to these Terms shall be heard only in the (i) Circuit Court of St. Louis, Missouri or (ii) the United States District Court for the Eastern District of Missouri, and you hereby consent to the jurisdiction of those courts.
12. Entire Agreement
These Terms constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes and cancels any and all prior or contemporaneous representations, negotiations, conditions, communications, contracts, and/or agreements, whether oral or written, between the parties relating to the subject matter hereof, and all past course of dealing.