Terms and Conditions

Last updated: November 22, 2024

Legal Agreement

These Terms and Conditions constitute a binding legal agreement between you and Mediqua. By accessing our website or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree to these Terms and Conditions, you must discontinue use of our website and services immediately.

User Obligations and Conduct

1. Legal Compliance

You agree to comply with all applicable laws, regulations, and ordinances when using our website and services. This includes but is not limited to:

  • Local, state, and federal laws in your jurisdiction
  • International laws that may apply to your use of our services
  • Industry-specific regulations relevant to healthcare facility management
  • Data protection and privacy laws

2. Conduct Requirements

When interacting with our website and services, you must:

  • Act in good faith and with honesty in all communications
  • Provide accurate and truthful information
  • Respect the rights and property of Mediqua and other users
  • Refrain from any conduct that could harm, disable, or impair our services
  • Not engage in any form of harassment, abuse, or threatening behavior

3. Prohibited Activities

The following activities are strictly prohibited:

  • Attempting to gain unauthorized access to our systems or networks
  • Using automated systems or software to extract data from our website
  • Transmitting spam, chain letters, or unsolicited communications
  • Uploading or transmitting viruses, malware, or malicious code
  • Engaging in any activity that interferes with or disrupts our services
  • Impersonating any person or entity or misrepresenting your affiliation
  • Using our services for any fraudulent or illegal purposes

4. Content Guidelines

Any content you submit or communicate through our website must not:

  • Violate intellectual property rights of any party
  • Contain defamatory, obscene, or offensive material
  • Include personal information of others without consent
  • Promote illegal activities or violate any laws

5. Age Requirements

Our services are intended for use by individuals who are at least 18 years of age. By using our website, you represent and warrant that you meet this age requirement.

Liability Limitations and Disclaimers

6. Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied. We specifically disclaim all warranties, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties regarding accuracy, reliability, or completeness of information
  • Warranties of uninterrupted or error-free operation

7. Limitation of Liability

To the maximum extent permitted by law, Mediqua shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

  • Your use or inability to use our website or services
  • Any unauthorized access to or use of our servers
  • Any interruption or cessation of transmission to or from our website
  • Any bugs, viruses, or similar items transmitted through our services
  • Any errors or omissions in content or materials
  • Loss of profits, revenue, data, or business opportunities

8. Maximum Liability Cap

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing our services during the twelve months preceding the claim.

9. Exclusion of Consequential Damages

Mediqua shall not be liable for any consequential, incidental, or indirect damages, including but not limited to loss of data, loss of income, or loss of profit, regardless of whether we were advised of the possibility of such damages.

10. Force Majeure

We shall not be held liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government restrictions.

User Indemnification

11. Indemnification Obligations: You agree to indemnify, defend, and hold harmless Mediqua, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of our website or services
  • Your violation of these Terms and Conditions
  • Your violation of any rights of another party
  • Any content you submit or communicate through our services
  • Your breach of any representations or warranties

12. Defense and Settlement: We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

Privacy and Data Protection

13. Privacy Policy Incorporation: Your use of our services is also governed by our Privacy Policy, which is incorporated by reference into these Terms and Conditions. Please review our Privacy Policy to understand our data practices.

14. Data Security: While we implement reasonable security measures, you acknowledge that no method of transmission over the internet or electronic storage is completely secure. You use our services at your own risk.

15. Third-Party Interactions: Our website may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these third parties. You interact with third parties at your own risk.

Legal Information and Dispute Resolution

16. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with applicable laws, without giving effect to any principles of conflicts of law.

17. Jurisdiction

You agree to submit to the personal and exclusive jurisdiction of the courts located within the applicable jurisdiction for the resolution of any disputes arising from these terms or your use of our services.

18. Dispute Resolution

Before pursuing formal legal proceedings, you agree to first attempt to resolve any disputes through good faith negotiations with Mediqua. If a resolution cannot be reached within thirty days, either party may pursue formal dispute resolution.

19. Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

General Provisions

20. Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Mediqua regarding your use of our services.

22. Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations without restriction.

23. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative.

24. Survival

All provisions of these Terms and Conditions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

25. Modification of Terms

We reserve the right to modify these Terms and Conditions at any time. Material changes will be effective upon posting to our website. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

Notices and Communications

26. How to Contact Us: All notices and communications regarding these Terms and Conditions should be sent through our contact page. We will communicate with you via the contact information you provide.

27. Electronic Communications: You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our website. You agree that all agreements, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Questions About These Terms?

If you have questions, concerns, or need clarification regarding these Terms and Conditions, please contact us.

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