The mymatrixx.com Web site is operated by Matrix Healthcare Services, Inc., DBA myMatrixx®, a Florida corporation. References in these Online Terms of Use (“Terms of Use”) to “mymatrixx.com,” “myMatrixx,” or “we” mean and refer to myMatrixx, doing business through the mymatrixx.com Web site.
Binding Agreement
These Terms of Use constitute a legally binding agreement between you (the user of this site or any of the products or services provided by or made available on this site) and myMatrixx. Your use of this site, including any of the products or services provided by or made available on this site, is subject to the terms, conditions, and other provisions of these Terms of Use. These Terms of Use contain important legal information concerning your rights, remedies, and obligations. By using this site, or any product or service provided by or made available on this site, you agree to be bound by these Terms of Use.
Reservation of Right to Modify Terms of Use
myMatrixx reserves the right at any time to prospectively modify these Terms of Use by posting the modified Terms of Use on this site. The most recent version of the Terms of Use may be viewed by clicking on the “Terms of Use” hypertext link located at the bottom of the home page of this site. By using this site, or any product or service provided by or made available on this site, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use, as amended and in effect at the time. If you do not agree to be bound by these Terms of Use, as amended and in effect at the time, do not continue to use this site or any product or service provided by or made available on this site.
Incorporation of Privacy Policy
The myMatrixx Online Privacy Policy (the “Privacy Policy”) as in effect at the time is incorporated by reference into and made a part of these Terms of Use. The most current version of the Privacy Policy can be viewed by clicking on the “Privacy Policy” hypertext link located at the bottom of the home page of this site.
Use on Behalf of a Business Entity or Organization
If you are using this site or any product or service provided by or made available on this site on behalf of a business entity or other organization: (1) you represent and warrant to myMatrixx that you have the legal authority to legally bind such business entity or other organization to these Terms of Use; (2) both you, acting on behalf of the business entity or other organization, and the business entity or other organization for whom you act, are bound by these Terms of Use; and (3) references in these Terms of Use to “you” or “your” refer to both you, acting on behalf of the business entity or other organization, and the business entity or other organization for whom you act. If you fail to have the legal authority to bind such business entity or other organization, you agree that these Terms of Use are binding upon you in your individual capacity.
Permitted Use; Limitations on Use
You may not use this Web site for any unlawful purpose, and you agree to comply with all applicable law governing your use of this site, or any product or service provided by or made available on this site. You agree not to disrupt, place unreasonable burdens or excessive loads on or otherwise interfere with the normal operation of this Web site or another user’s use and enjoyment of this Web site. You further agree (1) not to use any data mining, robots, or similar data gathering or extraction methods or tools on or in connection with the mymatrixx.com site; and (2) not to attempt to gain unauthorized access to any portion of the mymatrixx.com site or any accounts, computer systems, or networks connected to the mymatrixx.com site, whether through hacking, password mining, or any other means.
Proprietary Rights in Site Content
All content on this site is the proprietary property of myMatrixx or its licensors, and is protected by copyright under United States, or foreign law or both. You have no right to reproduce, distribute, create derivative or collective works of, or publicly display or perform any information or other content made available on this site.
Foreign Jurisdictions
This site is based in the United States. If you access this site from a foreign jurisdiction or send or transmit or upload to this site any content from a foreign jurisdiction or send or transmit any content to a foreign jurisdiction, you are responsible for complying with the laws of the foreign jurisdiction.
Password Security
When you apply for an account and register, you will be asked to provide a user name and password. You agree to provide accurate, current, and complete information when requested during registration, and to keep that information accurate, current, and complete at all times. You are responsible for maintaining the confidentiality of your password and are solely responsible for all use of this site or any product or service provided by or made available on this site that is obtained by use of your user name and password, whether authorized or unauthorized by you. You agree to notify myMatrixx immediately of any unauthorized use of your user name or password.
LIMITATION OF LIABILITY
YOU AGREE THAT USE OF THIS SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THIS SITE, IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THIS SITE ARE PROVIDED OR MADE AVAILABLE BY MYMATRIXX ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYMATRIXX DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THIS SITE, YOUR USE OF THIS SITE, AND ANY PRODUCT OR SERVICE OBTAINED ON OR THROUGH THIS SITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYMATRIXX IS NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, EQUITY, STRICT LIABILITY, STATUTORY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY (INCLUDING BREACH OF WARRANTY), INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THIS SITE, YOUR USE OF THIS SITE OR ANY SITE LINKED FROM OR TO THIS SITE, OR ANY PRODUCT OR SERVICE OBTAINED ON OR THROUGH THIS SITE OR ANY SITE LINKED FROM OR TO THIS SITE, EVEN IF MYMATRIXX HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OR ANY BREACH OR DEFAULT BY MYMATRIXX.
SOME STATES DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT BRING, REQUEST, JOIN OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION PROCEEDING AS TO ANY CLAIM, DEMAND, SUIT, OR CAUSE OF ACTION YOU MAY HAVE AGAINST MYMATRIXX ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH, THIS SITE OR ANY PRODUCT OR SERVICE OBTAINED ON OR THROUGH THIS SITE, AND YOU WAIVE AND RELINQUISH ANY RIGHT YOU MAY NOW OR IN THE FUTURE HAVE TO BRING, REQUEST, JOIN, OR PARTICIPATE IN ANY LAWSUIT OR ARBITRATION OR OTHER PROCEEDING ON A CLASS ACTION OR CONSOLIDATED BASIS OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM, DEMAND, SUIT, OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, OR ANY PRODUCT OR SERVICE OBTAINED ON OR THROUGH THIS SITE. THIS PROVISION DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY, AND NOT ON A CLASS ACTION, CLASS ARBITRATION OR CONSOLIDATED BASIS OR AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS.
Indemnification
You agree to indemnify and hold harmless myMatrixx, it subsidiaries, and affiliates, and their respective managers, members, shareholders, officers, directors, employees, agents, servants, and contractors (each an “Indemnified Person”) from and against (a) any and all liability, loss, injury, damage, cost, expense (including, but not being limited to, reasonable attorney’s fees, and costs), that may be imposed upon or incurred by the Indemnified Person, and (b) any claim or demand made by a third party that arises out of, is connected with, or in any manner related to your use of this site, your conduct in relation to this site, your violation of these Terms of Use, your violation of the rights of any other person, or your violation of law. Your liability for indemnification survives any termination of your account or registration.
Reservation of Rights
All rights not expressly granted to you by these Terms of Use are reserved by myMatrixx. myMatrixx reserves the right at all times to suspend or terminate your access to the site, registration, or account, without notice, for any reason whatsoever, with or without cause, in the exercise of myMatrixx’s sole and absolute discretion. Further, myMatrixx reserves the right at any time and from time to time to modify this site and any product or service provided by or made available on this site, and their respective features and functionality, in whole or in part, without notice to you. myMatrixx will not be liable to you or any third party for any modification, suspension, or termination of access to this site, or loss of related information or other content.
Applicable Law
Florida law and controlling United States federal law govern any action or proceeding relating to these Terms of Use and your use of the site, or any product or service provided by or made available on the site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. Any legal action or other judicial proceeding that is brought in relation to this site, these Terms of Use, or your use of or failure to use this site or any product or service provided by or made available on this site must be brought in Hillsborough County, Florida.
Severability
Each paragraph, section, provision, sentence, and part thereof of these Terms of Use is severable from each other paragraph, section, provision, sentence, or part thereof of these Terms of Use, and the invalidity or unenforceability of any such paragraph, section, provision, sentence, or part thereof does not affect the validity or enforceability of the balance of these Terms of Use.
Effective Date
These Terms of Use were last updated on March 25, 2013.
myMatrixx is a registered service mark of Matrix Healthcare Services, Inc.