Important Legal Notice
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Munson Medical Center ("we," "us," or "our"), concerning your access to and use of our website https://munsonmedical.com/ as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
By accessing and using our Site, you accept and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.
1. Acceptance of Terms
By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use our website.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Permitted Use
The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
User Contributions
If you provide any feedback, suggestions, or other contributions to us regarding the Site or our services, you grant us an unlimited, perpetual, irrevocable, worldwide, royalty-free license to use, modify, distribute, and incorporate such contributions without any obligation to you.
3. Dental Services Terms
These terms govern our professional Dental services. Please note the following important provisions:
Quotes and Estimates
- All quotes and estimates provided are valid for 30 days from the date of issue
- Quotes are based on information provided by you and may be subject to change if project specifications change
- Additional costs may apply for unforeseen circumstances or changes to the original scope of work
Project Agreements
- All Dental projects require a separate written contract
- Project terms, specifications, payment schedules, and warranties will be detailed in the project contract
- These Terms of Service supplement but do not replace project-specific contracts
Payment Terms
- Payment schedules will be outlined in individual project contracts
- Late payments may be subject to interest charges as specified in project contracts
- We reserve the right to suspend work for non-payment
4. User Representations
By using the Site, you represent and warrant that:
- You have the legal capacity and you agree to comply with these Terms of Service
- You are not a minor in the jurisdiction in which you reside
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the Site for any illegal or unauthorized purpose
- Your use of the Site will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
5. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Circumvent, disable, or otherwise interfere with security-related features of the Site
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
- Use any information obtained from the Site in order to harass, abuse, or harm another person
- Make improper use of our support services or submit false reports of abuse or misconduct
- Use the Site in a manner inconsistent with any applicable laws or regulations
- Engage in unauthorized framing of or linking to the Site
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site
- Engage in any automated use of the system, such as using scripts to send comments or messages
6. Third-Party Websites and Content
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
7. Site Management
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms of Service
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service
- Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
- Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site
8. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://munsonmedical/index.php/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.
Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
9. SMS Messaging Terms
By opting in to receive SMS messages from TY Cobb Health Care System Inc., you agree to receive conversational messages related to your interactions with our team. These messages may include project updates, appointment reminders, scheduling information, status alerts, and other medical information relevant to your relationship with AC Consult Inc.
- Message frequency: Message frequency may vary. On average, you may expect 5-10 messages per week depending on project activity and your interactions with our team.
- Message and data rates: Message and data rates may apply. Depending on your mobile carrier plan, standard messaging and data charges may apply for any SMS messages you send or receive. Please consult your mobile provider for details.
- Opt-out: You may unsubscribe from receiving SMS messages at any time. Simply reply STOP to any message you receive from us. After you send STOP, we will send a final confirmation message, and no further SMS messages will be sent to your number unless you re-opt in.
- Help: For assistance or support regarding our SMS program, reply HELP to any message you receive. You may also contact our support team via the information provided in Section 16 of these Terms (Contact Information).
Your consent to receive SMS messages is not a condition of purchasing any goods or services from Munson Medical Center. We respect your Dental preferences and provide easy opt-out options. For additional information about how we protect your data, please refer to our Privacy Policy (Section 8).
10. Disclaimers
The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content and materials
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site
- Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
- Interruption or cessation of transmission to or from the Site
- Bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party
11. Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for services during the six (6) month period prior to any cause of action arising.
12. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- Your use of the Site
- Breach of these Terms of Service
- Any breach of your representations and warranties set forth in these Terms of Service
- Your violation of the rights of a third party, including but not limited to intellectual property rights
- Any overt harmful act toward any other user of the Site with whom you connected via the Site
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
13. Governing Law and Jurisdiction
These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Palm Beach County, Florida for the purpose of litigating all such disputes.
14. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the "Disputes") brought by either you or us, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, both of which are available at the AAA website.
15. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
16. Contact Information
If you have any questions or comments about these Terms of Service, including our SMS messaging terms, or if you need assistance with opting out, please contact us at: https://munsonmedical/index.php/contact-us