MedicalTranscription.com
Terms of Service for Advertisers on MedicalTranscription.com
No Advertising is Taken Without Acceptance of these Terms and Conditions
1. Scope of Services. MedicalTranscription.com will use reasonable efforts to provide advertising services on a subscriptoin basis and to submit to TRANSCRIPTION MATCH businesses the requests ("Buyer Requests") by MedicalTranscription.com users (each a "Buyer") for products and services in the categories selected in the registration process by Business (for purposes of this Agreement, "Business" shall refer to you), and which is hereby incorporated as a part of this Agreement. The Business shall respond to this Buyer Request. The activities and other efforts used by MedicalTranscription.com to provide the foregoing services (the "Services") shall be at MedicalTranscription.com's sole discretion.
2. Fees. Business agrees to pay such fees as instructed by MedicalTranscription.com from time to time. MedicalTranscription.com will charge your credit card every month or quarterly or annually per Service Level choice from the day your billing period begins for your MedicalTranscription.com service. MedicalTranscription.com reserves the right to change the prices, payment options, service plans, service plan structures, or any other service plan or other options at any time, solely at our discretion. MedicalTranscription.com agrees to notify you of any changes made to our service plans.
3. Trial Period. The Business may be offered a "Trial Period," during which a Business may register for the services described in Section 1, with no fees or reduced fees due from Business. MedicalTranscription.com reserves the right to discontinue or modify the terms of the Trial Period at any time.
4. Indemnity. Business shall defend, indemnify and hold MedicalTranscription.com harmless (including court costs and attorneys' fees) for (i) any claims related to Business' sale or offer to sell goods or services, (ii) all claims relating to the goods and Services themselves and Business' fulfillment (or failure to fulfill) Buyer Requests or (iii) any breach of the warranties provided herein. MedicalTranscription.com makes no guarantee of employment or sale of services to Business.
5. Logos. Business hereby grants MedicalTranscription.com the right to use Business' trademarks and logos as necessary to perform the Services, and in trade shows and press releases; Business hereby warrants to MedicalTranscription.com that MedicalTranscription.com's use of such trademarks and logos will not infringe any third party's rights anywhere in the world.
6. Business' Obligations. Business represents and warrants to MedicalTranscription.com that Business shall: (a) not use MedicalTranscription.com's Web site (the "Site") or the Services for the transmission or any offer to sell firearms of any material or product that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, obscene, tortuous, or that infringes or may infringe the intellectual property or other rights of another; nor will it otherwise transmit such materials or products to Buyers; (b) use the Site or the Services only for lawful purposes and only in compliance with this Agreement and all applicable laws and regulations; (c) be solely responsible for all aspects of transactions with a Buyer order including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, customer support and service inquiries; (d) not contact or solicit (including, but not limited to, the mailing of form letters or other promotional materials) any Buyer unless such contact is affirmatively consented to by the Buyer; (e) limit the content of their response to the information or assistance specifically addressed in the Buyer request (e.g., Buyer's contact information may not be distributed to third parties); (f) abide by all of the then current terms of MedicalTranscription.com's privacy policy (as set forth on the Site and as updated from time to time by MedicalTranscription.com in its sole discretion); (g) not interfere or attempt to interfere with the proper working of the Site or the Services; and (h) provide MedicalTranscription.com with accurate, current and complete Business registration, account and contact information. (I)will not submit fraudulent requests for TRANSCRIPTION MATCH.
7. Term and Termination. This Agreement shall be effective as of the Registration Date and shall remain in effect until terminated according to the provisions of this Section 7. Either party may terminate this Agreement for convenience upon three (3) days written notice to the other party. There will be no refund for any subscription already listed. Termination shall de-activate a listing within three days of written notification and no subsequent renewal shall occur. Business must specifically request removal of listing from the site. Additionally, MedicalTranscription.com shall have the right to terminate this Agreement or (at its option) suspend the Services immediately if: (i) Business fails to pay any fees due hereunder in a timely fashion; (ii) Business breaches any material provision of this Agreement; (iii) MedicalTranscription.com receives Buyer complaints regarding Business; or (iv) termination or suspension would improve MedicalTranscription.com's users' experience. MedicalTranscription.com reserves the right to modify or discontinue the Site at any time with or without notice to Business. Sections 4, and 7 through 10 of this Agreement shall survive termination.
8. Warranty Disclaimer. MEDICALTRANSCRIPTION.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, THE NUMBER OF TRANSACTIONS GENERATED BY THE SERVICES OR MEDICALTRANSCRIPTION.COM'S ABILITY TO OFFER OR FULFILL THE SERVICES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Confidentiality. All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by either party during the negotiation or the term of this Agreement which is marked "Confidential" or otherwise denoted as confidential, will be kept in confidence and not used or disclosed by the non-disclosing party, unless such use or disclosure is explicitly authorized by the terms of this Agreement.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, EXCEPT FOR BODILY INJURY AND FOR BUSINESS' INDEMNITY OBLIGATIONS PURSUANT TO SECTION 4, NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS; OR (II) IN ANY CASE, FOR ANY AMOUNTS IN EXCESS, IN THE AGGREGATE, OF THE FEES PAID TO MEDICALTRANSCRIPTION.COM HEREUNDER DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.10. General. MedicalTranscription.com reserves the right to change this Agreement by providing Business with written notice. If MedicalTranscription.com does not receive written notice of termination from Business within ten (10) business days after notice of changes, Business will be deemed to have accepted such changes. Capitalized terms that are not defined in the Agreement refer to the same term as set forth in the registration pages. Neither party shall assign or transfer any rights or obligations under this Agreement without the prior written approval of the other party and any attempt to do so shall be void and without effect, provided however that no such consent shall be required for assignment to a successor to substantially all of the assignor's business or assets. Neither party will be responsible for any delay in the performance of its obligations hereunder caused by any acts, omissions, or events beyond such party's control. This Agreement and the Registration Form represent the complete agreement and understanding between MedicalTranscription.com and Business with respect to the subject matter herein, and supersedes any other written or oral agreement. MedicalTranscription.com reserves the right to change this Agreement by providing Business with an email notice. The invalidity or unenforceability of any provision of this Agreement shall not affect the enforceability or validity of any other provision. This Agreement shall be governed by the laws of the State of New Jersey, without regard to conflicts of laws provisions thereof. Unless otherwise elected by MedicalTranscription.com, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the New Jersey state and U.S. federal courts having within their jurisdiction the location of MedicalTranscription.com's principal place of business and the parties hereby consent to such jurisdiction and venue. In any action to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys fees.
MedicalTranscription.com reserves the right to manage the categories of listings offered in a way that aligns with the best interest of our service. At times MedicalTranscription.com may change the organization of the listings. This will potentially affect Businesses by placing them in different listings than they had originally registered for. MedicalTranscription.com will use reasonable effort to notify the Business of any changes that take place with their listing information by email.