Terms of Service
Last Updated: November 2020
Modento provides an online platform where Patients (defined below) and authorized third party Service Providers (defined below) and the services they offer are (“Provider Services”) can interact and transact directly with each other regarding the Provider Services, including scheduling a visit, filling out patient forms, setting appointment reminders, accessing information about Providers, receiving personal medical record information, making payments for Provider Services, and tracking loyalty program points. YOU UNDERSTAND AND AGREE THAT MODENTO IS NOT A MEDICAL SERVICE PROVIDER AND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PATIENTS AND PROVIDERS. THE CONTENT CONTAINED IN THE MODENTO SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. MODENTO HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
We reserve the right to cancel your Accounts with Us at anytime for any reason in our sole discretion. User Accounts may be cancelled for several reasons, including but not limited to:
Modento reserves the right to investigate and terminate your Account if you have misused the Modento Services, or behaved in a way, which could be regarded as inappropriate or is unlawful or illegal. You agree not to:
You are solely responsible for your conduct and any Data and other materials that are transmitted and uploaded through the Modento Service. You agree to comply with all laws, rules, and regulations applicable at the local, provincial, state, and federal levels.
We take the rights of others very seriously. If you have any concerns that User Content is improper or infringing, please contact us at email@example.com and if you would like the User Content removed, please provide us with:
You hereby acknowledge and agree that:
Your User Content, Data, and the contents of all of your online communications (including without limitation, text, internet protocol addresses, personal information, personal identifiable information, User Content,) may be accessed and monitored as necessary to provide the Modento Services, and also may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health or safety of you, another person or the public generally; and (v) in order to protect our rights or property, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and necessary disclosure. We will only disclose information that is necessary and required for the purpose at hand.
Modento provides theSite and Application “as is” and as available, and Modento disclaims all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non infringement of intellectual property rights, to the fullest extent permitted by applicable law. We disclaim any warranty or representation regarding the completeness, accuracy or appropriateness of any information provided through the Services.Without limiting the general nature of the previous sentence,(a) Modento has no obligation to indemnify or defend you against claims related to infringement of intellectual property rights;(b)although we make our best efforts to keep the site up and running, we do not warrant that the Site and Application will perform without error or immaterial interruption; (c) although we make our best efforts to keep the Site and Application free of any viruses or other harmful components, we cannot make any guarantees, thus we do not warrant that the Site and Application will be free of viruses or other harmful components.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, MODENTO WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, APPLICATION, OR SERVICES, WHETHER BASED ON A BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, INJURY, DEATH, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT MODENTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, MODENTO IS NOT LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM YOUR RELATIONSHIP OR TRANSACTIONS WITH PROVIDERS, OR RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY INFORMATION PROVIDED BY PROVIDERS OR THID PARTY AFFILIATES.FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR PLATFORM. IF NOTWITHSTANDING THE TERMS, MODENTO IS FOUND LIABLE FOR ANY DAMAGES OR LOSS, WHICH AROSE OUT OF OR IS ANY WAY CONNECTED WITH USE OF THE SITE, APPLICATION, OR THE SERVICES, YOU AGREE THAT MODENTO’S LIABILITY WILL NOT EXCEED $200.00.
USE OF THE MODENTO SERVICES IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE MODENTO SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR LICENSORS, SUPPLIERS AND DISTRIBUTORS, IF ANY, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY VENDOR, AND PERFORMANCE OF THE MODENTO SERVICES IN ACCURATE AND TIMELY MEDICAL DIAGNOSES, AND ACCURATE AND SUCCESSFUL TREATMENT PLANS OR REFERRALS. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. MODENTO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MODENTO SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO MODENTO SERVICES’ AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, MEDICAL OR DENTAL MALPRACTICE OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL HEALTH INFORMATION, DATA, PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR MADE THROUGH ANY HARDWARE. MODENTO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MODENTO SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IMPORTANTLY YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING OF ANY DIGITAL CURRENCY OR WALLET CREATED ON OR USED IN CONJUNCTION WITH THE MODENTO SERVICES. WE DO NOT STORE OR PROTECT YOUR PAYMENT INFORMATION OR ONLINE WALLETS AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOST OR THEFT OF YOUR PAYMENT INFORMATION FOR ANY REASON.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
By using the Modento Services, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Terms, and that any such breach may cause us significant and irreparable injury and damage. Accordingly, you acknowledge that we shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event without the necessity of posting a bond.
We may send notices pursuant to this Agreement to you via your e-mail address listed on your Account, and such notices will be deemed received by you three days after they are sent. You may send notices pursuant to this Agreement to us at firstname.lastname@example.org and such notices will be deemed received by us three days after they are sent.
Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
You may not assign this Agreement or its right or obligations under this Agreement, without our prior written consent. Any attempt by you to assign this Agreement, without our prior written consent, will be null and void. Modento may assign this Agreement at its sole discretion. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
This Agreement will be governed solely by the internal laws of the State of Washington, without reference to any principles of conflicts of law. The parties’ consent to the personal and exclusive jurisdiction of the federal and state courts in King County, Washington.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) the provision will be interpreted, construed, or reformed to the extent reasonably required to render the provision valid, enforceable, and consistent with the original intent underlying such provision; (b) the provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) the invalidity or unenforceability of the provision will not affect any other portion of this Agreement.
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