PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

1. Agreement to the Terms of Use.
Subject to these Terms of Use, Manifest MedEx (referred to herein as “MX,” “we,” “us” and “our”) provides you with access to this website, www.manifestmedex.org (the “Site”). By accessing and continuing to use this Site after having an opportunity to review these Terms of Use, you are agreeing to these Terms of Use without limitation or qualification. If you do not so agree, please exit and do not use this Site.

2. Changes to the Terms of Use.
MX may change these Terms of Use at any time. We will post any such changes to these Terms of Use, which changes will become effective after they have been posted. By continuing to use the Site after having an opportunity to review the updated Terms of Use, you have accepted the revised terms. If you do not agree with such revised terms, please exit and do not use the Site.

3. Use of the Site.
You may browse and use the Site solely for your personal, non-commercial purposes and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost or use the Site or any content made available on the Site: (i) for public or commercial purposes without the express written permission of MX; (ii) in a manner inconsistent with these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the Site.
You will not use the Site for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site. If you download software or any other content from the Site, you do so at your own risk. If you access this Site from outside the United States, you accept full responsibility for compliance with local laws.

4.0 Termination/Suspension
We may suspend or terminate your use of the Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.

5. Links to Third Party Sites; Linking to This Site.
Our Site may include links to third party sites (“Third Party Sites”), which are included to serve as a resource for our users. Links to any Third Party Sites are not intended to be and should not be interpreted as endorsements of the Third Party Sites or their respective policies or practices. Such Third Sites are not controlled by MX and therefore MX holds no responsibility for their content. We encourage you to review the terms of use and privacy policies of such Third Party Sites.
If you intend to create any link from another web site to any page on this Site, you will inform us via email at: privacy@manifestmedex.org . We reserve the right to prohibit any such link at any time. Any permitted links to the Site must comply with all applicable laws, rules, regulations and orders and any applicable MX policies. Running or displaying the Site or any content in frames or similar means on another web site without our prior written permission is prohibited.

6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT HEREIN IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MANIFEST MEDEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 6 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

7. Limitations of Liability
IN NO EVENT WILL MANIFEST MEDEX BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF, THE SITE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 7 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WITHOUT LIMITING ANY OTHER PROVISIONS IN THIS SECTION 7, MANIFEST MEDEX’S MAXIMUM LIABILITY TO YOU FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, WILL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU, BUT NOT EXCEEDING $100 OR THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW, WHICHEVER IS LESS.

8. Indemnification
Unless prohibited by applicable law, you agree to indemnify and hold harmless MX and its officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.

9. Remedies for Breach of these Terms of Use by You
Without limiting any other rights or remedies, in the event that we determine, in our sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct that we deem to be inappropriate or unacceptable in our sole discretion, we may (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Site; (iii) discontinue your access to the Site, (iv) notify and/or send your information or content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which we deem to be appropriate.
If your ability to access and/or use the Site or any other service provided to you by MX is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Site, any other service provided by us, through use of a different member name or otherwise.

10. Personal Information/Privacy Policy
We value your privacy and are committed to safeguarding your personal information. Please refer to our Privacy Policy for details about what information we collect on this Site and how we use and share such information.

11. Copyright and Trademark Notice
This Site is owned and operated by MX. Unless noted otherwise, all Site content, including the text, design, documents and images are the sole property of MX or licensed through a third party. Users may use the content of this Site only for personal use accordance with these Terms of Use. No content may be reproduced, distributed, adapted or otherwise used without the prior written permission of MX or our licensors. Any unauthorized use of the content on this Site may violate copyright, trademark or other applicable laws.

12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of law provisions. By accessing or using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Alameda County, California. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

13. Miscellaneous
In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect. Any failure by MX to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of MX’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

You represent to MX that you have the authority to access and use the Site according to these Terms of Use. These Terms of Use constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings.

14. Contact Us
We welcome your comments and questions. Please contact us at:
Manifest MedEx
6001 Shellmound St., Suite 500
Emeryville, CA 94608
Attn: Chief Privacy Officer
Or email us at: privacy@manifestmedex.org
These Terms of Use were last updated February 15, 2018.