Website Terms of Service
MCX Group, LLC (“MCX”) provides use of its www.mcxhealth.com and other related websites, its MCX subscription service, and other related online services (collectively, “Service(s)”) to you subject to the following Terms of Service (“TOS”). In addition, when using the Services, you shall be subject to any posted guidelines, rules or terms applicable to such Services, which may be posted from time to time. All such guidelines, rules or terms are hereby incorporated by reference into the TOS. MCX may also offer other services that are governed by these or different terms of service.
THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND MCX AND GOVERNS YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO THESE TOS AND MCX’S PRIVACY POLICY (“PRIVACY POLICY”), SUBSCRIPTION AGREEMENTS, AND, IF APPLICABLE, ANY OTHER RELATED TERMS AND CONDITIONS LOCATED ON MCX’S WEBSITE, ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. IF YOU DO NOT AGREE TO THESE TOS, DO NOT USE THE SERVICES. In the event any of the terms of these TOS conflict with the Privacy Policy or other agreements in force, the terms of the applicable agreement shall govern as to the conflicting terms. If you have any questions regarding these terms and conditions, please contact us.
MCX Group LLC and MCX Health are copyrights of MCX Group LLC. MCXHEALTH.COM and any related sites are strictly the intellectual property of MCX Group. Any use of this site and content is governed by United States copyright and related intellectual property protection statutes.
DESCRIPTION OF SERVICE
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including new releases, shall be subject to these or other applicable TOS. You also understand and acknowledge that MCX may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Service at any time without prior notice to you. You understand and agree that the Service is provided “AS-IS” and that MCX assumes no responsibility for, among other things, availability, timeliness, deletion, failure to store any user data or communications or personalization settings, or changes to the Service MCX may make from time to time. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
You acknowledge and agree that the Service, any MCX proprietary software (“MCX Software”) and any other necessary software provided in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained or information presented to you through the Service is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by MCX, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the MCX Software or other software or materials, in whole or in part.
MCX, all MCX logos and product and service names are or may be trademarks of MCX (the “MCX Marks”). Except as solely enabled by any link as provided by MCX, you agree not to display or use in any manner the MCX Marks without MCX’s prior written consent.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to MCX through its suggestion or feedback web pages or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MCX is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MCX shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MCX may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of MCX without any obligation of MCX to you; and (f) you are not entitled to any compensation or reimbursement of any kind from MCX under any circumstances.
YOUR USE OF THE SERVICE
MCX does not claim ownership of Content you submit or that you make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to MCX and all users of the Service a worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Additionally, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you represent and warrant that: (a) you have the right to grant such license and make such Content available to MCX and its licensees, including users of the Service; (b) none of the Content you provide contains any data or information that is confidential, non-public, owned by or otherwise proprietary to a third party, not in the public domain or otherwise restricted or protected from use by any individual, entity or other party for any use by a third party; and (c) neither the delivery to nor use by MCX or its licensees, including users of the Service, of such content shall violate or infringe the rights of any third party.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MCX, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available or use via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You acknowledge, consent and agree that MCX may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of MCX, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service, MCX and any other data or software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MCX and/or content providers who provide such materials to the Service. You may not attempt to override or circumvent any digital rights management technology or usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
The Service may include functionality to provide access to products, services, information, data, content and other materials made available by or on behalf of third parties, including third party software applications. By using such functionality, you are directing MCX to access, route and transmit to you the applicable third-party content. Your installation or other use of third-party content may result in the transmission of your information, data, content or other materials outside of your or MCX’s systems, or otherwise result in third party access to, or use of, your information, data, content or other materials. MCX does not control, has no obligation to monitor, and will have no responsibility or liability for any third-party content. MCX makes no representation or warranty regarding any third-party content or any information, content, data or other materials made available through any third-party content. MCX may block or disable access to any third-party content (in whole or part) through the Services at any time.
MCX EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO ANY THIRD-PARTY MATERIALS. YOU WILL LOOK SOLELY TO THE THIRD-PARTY PROVIDER OF THE THIRD-PARTY MATERIALS FOR ANY WARRANTY RELATED ISSUES OR OTHER CLAIMS RELATED THERETO. OTHERWISE, YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK. MCX WILL HAVE NO LIABILITY OR OTHER OBLIGATION OF ANY KIND ARISING OUT OF OR RELATED TO ANY THIRD-PARTY MATERIALS OR THE USE OR INABILITY TO USE ANY THIRD-PARTY MATERIALS. THE DISCLAIMERS, LIMITATIONS AND OTHER TERMS OF THESE TOS APPLICABLE TO THIRD PARTY MATERIALS WILL APPLY NOTWITHSTANDING ANY HOSTING OR OTHER SERVICES PROVIDED BY MCX TO THE THIRD PARTY RELATED TO ANY SUCH THIRD-PARTY MATERIALS.
You acknowledge that MCX may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that content will be retained, the maximum size of any or all content files, the maximum disk space that will be allotted on MCX’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and/or any other condition of the Service. You agree that MCX has no responsibility or liability for the deletion or failure to store any content, messages and other communications or other materials or content maintained or transmitted by the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MCX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) MCX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MINIMUM PERIOD ALLOWED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MCX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold MCX and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) Content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your connection to the Service; (d) your violation of the TOS; or (e) your violation of any third party’s rights.
Last Updated: October 20, 2020