Effective Date: October 3, 2014
1. About the Site
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you through the Services (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a doctor, dentist or other healthcare specialist, professional or provider (collectively, “Healthcare Provider”).
2. WE DO NOT PROVIDE MEDICAL ADVICE
The Information that you obtain or receive from MJholdings, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling and payment purposes only. All medically related information comes from independent healthcare professionals and organizations. If you submit a medically related question to MJholdings, answers are (a) provided by independent healthcare professionals and organizations, (b) for informational purposes only, and (c) do not establish any patient/doctor relationship.
THE INFORMATION PROVIDED ON THE SITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH MJHOLDINGS IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 911. YOUR USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Information provided through the Services, you do so solely at your own risk.
3. NO DOCTOR PATIENT RELATIONSHIP
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MJHOLDINGS INCLUDING, BUT NOT LIMITED TO, THE “FIND A DOCTOR” AND/OR THE “MJHOLDINGS ANSWERS” FEATURES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION OR OTHER INFORMATION THROUGH THE SERVICES. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH INFORMATION.
We have no control over, and cannot guarantee the availability of any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.
You are strongly advised to perform your own investigation prior to selecting a Healthcare Provider by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Healthcare Provider by confirming with the Healthcare Provider’s office, your current Healthcare Provider, the medical association relative to the Healthcare Provider’s specialty and your state medical board.
4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND LISTS
In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand that:
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER.
Healthcare Providers listed through the Services with whom you may book appointments enter into contracts with us and, such Healthcare Providers must pay us a fee in order to be marketed through the Services. MJholdings will provide you with lists and/or profile previews of Healthcare Providers who may be suitable to deliver the healthcare that you are seeking based on information that you provide to MJholdings (such as insurance information, proximity to your geographical location, and specialty of the Healthcare Provider). In an effort to aid in the discovery of Healthcare Providers and enable the maximum choice and diversity of Healthcare Providers who participate in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other MJholdings users, and past experience of MJholdings users with Healthcare Providers); but MJholdings (a) does not recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services. Note, however, to the extent that you use the Services as provided by your employer, MJholdings may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors.
MJholdings uses reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold active medical licenses and all certifications necessary to practice any specialty of the services offered by them to patients, and who remain qualified to participate in the Medicare and Medicaid programs. MJholdings may exclude Healthcare Providers who, in MJholdings’s discretion, have engaged in inappropriate or unprofessional conduct.
5. EDITORIAL CONTROL
We make the Services available as a service to consumers and Healthcare Providers for the purposes of providing an informative and educational resource. We may, but have no obligation to, have Information posted through the Services reviewed by our editorial personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Information.
You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified Healthcare Provider.
HEALTHCARE PROVIDER INFORMATION: Healthcare Provider and practice information found through the Services is intended for general reference purposes only. Healthcare Provider information found through the Services is both provided by the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such information often changes frequently and may become out of date, incomplete or inaccurate. Neither the Site nor MJholdings provides any advice or qualification certification about any particular Healthcare Provider. You are encouraged to independently verify any such information.
PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. We make no claims as to the safety, appropriateness, or effectiveness of any such procedures, products, services or devices. Any products and/or services represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been stolen or compromised. You must immediately notify us by sending an email to service@MJholdings.com.
7. YOUR PERSONAL INFORMATION
8. YOUR RESPONSIBILITIES
Even though the Services are provided free of charge, usual, customary and any other charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility. You must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
- access or retrieve any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews or other Information related to the healthcare industry or Healthcare Providers;
- reformat or frame any portion of the web pages that are part of the Site and/or the Services;
- fraudulently misuse the Services, including scheduling an appointment with a Healthcare Provider which you do not intend to keep;
- create user accounts by automated means or under false or fraudulent pretenses;
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph;
- accumulate or index, directly or indirectly, any portion of the Site and/or Services (including, without limitation, Healthcare Provider or practice information, appointment availability, and price information) for any purpose whatsoever; or
- use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
8.2 Responsibilities of Healthcare Providers and Other in the Healthcare or Medical Industries.
Regardless of whether you are a member or whether you schedule or intend to schedule appointments (including appointments for Designated Provider Services as defined in Section 9.2) through the Services, if you are a Healthcare Provider or other person or entity in the healthcare or medical industries, you acknowledge and agree that:
(A) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other information for any purpose other than your own personal use as a patient or prospective patient.
(B) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
(C) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
9. ADDITIONAL TERMS
9.2 Payment and Transaction Processing.
Prior to scheduling an appointment for Designated Provider Services, please carefully review (i) the price information, and (ii) all of the products and services that are included and excluded in each Designated Provider Service. Each Healthcare Provider is required to provide the applicable Designated Provider Service at or below the price indicated at the time of scheduling (“Designated Price”). Services in addition to or different from Designated Provider Services may be available, offered or rendered by Healthcare Providers. You and your Healthcare Providers are responsible for agreeing to any additional or different services. WE ARE NOT RESPONSIBLE FOR YOUR OR ANY HEALTHCARE PROVIDER’S FAILURE TO AGREE TO ANY ADDITIONAL OR DIFFERENT SERVICES.
MJholdings and/or its payment processing partner may collect from the applicable Healthcare Provider a transaction processing fee for our billing, collection and payment services performed in connection with the Designated Provider Services and any other products or services provided by the applicable Healthcare Provider (the “Transaction Processing Services”). Such transaction processing fee shall reflect the fair market value for the Transaction Processing Services provided by MJholdings and its payment processing partner. Healthcare Providers may separately charge you for additional or different products or services.
You acknowledge and agree that:
(a) you are responsible for and you will pay the Designated Price for the Designated Provider Services charged through MJholdings by the applicable Healthcare Provider, as well as other amounts the applicable Healthcare Provider may charge through MJholdings for any additional or different services rendered during or related to the applicable appointment;
(b) MJholdings may process your payment, and may process your payment in collaboration with our payment processing partner;
(c) MJholdings is not responsible for any charges incurred for any products or services provided by Healthcare Provider, including any Designated Provider Service,
(d) MJholdings is not responsible for any charges submitted for processing by Healthcare Providers;
(e) in the event you dispute any fees chargeable or charged through MJholdings by a Healthcare Provider, you will resolve such dispute directly with the applicable Healthcare Provider;
(g) neither MJholdings nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
(i) if you have not provided us with accurate, current and complete payment information;
(ii) if you do not have sufficient available funds or available credit to complete the transaction;
(iii) if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;
(iv) if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;
(v) if we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or
(vi) if we terminate or suspend the services we provide to the applicable Healthcare Provider.
10. CHANGES TO THE SERVICES
11. LINKS TO OTHER SITES
The Site may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
12. NO SPAM
You may not use contact information provided by our users or Healthcare Providers, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
13. CONTENT YOU POST OR SUBMIT
You will have the opportunity to submit feedback regarding your experiences with Healthcare Providers who are featured through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the Healthcare Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Healthcare Provider may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
- You are solely responsible for any Posted Information that you submit, publish or display through the Services or transmit to other members and/or other users of the Site.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by MJholdings.
- You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
- You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false, deceptive or misleading information.
By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to MJholdings, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that MJholdings shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other MJholdings users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. MJholdings reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing any offending communication from the Services and terminating the membership of such violators or blocking your use of the Services. You may not post content that:
- is false or intentionally misleading;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- violates antitrust, competition, or consumer protection laws;
- is threatening, obscene, defamatory or libelous; or
- is pornographic or sexually explicit in nature.
14. YOUR USE OF CONTENT
All of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain MJholdings’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, MJholdings and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by MJholdings to you are retained by MJholdings.
15. DISCLAIMER OF WARRANTIES
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MJHOLDINGS MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. MJHOLDINGS DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
16. GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES TO RECEIVE DESIGNATED PROVIDER SERVICES (AS DEFINED IN SECTION 9.2 OF THIS AGREEMENT), IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES (AS DESCRIBED IN SECTION 9.2), IF ANY, REMITTED TO AND RETAINED BY MJHOLDINGS FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement), or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
19.1. Electronic Contracting and Notices
19.2. Copyright Dispute Policy
MJholdings adopts the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) (http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of MJholdings’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
Our policy is to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or other users; and (b) remove and discontinue Service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that MJholdings is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is MJholdings’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- for repeat offenders, to terminate such content provider's, member's or user's access to the Service.
Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which MJholdings is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, MJholdings may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at MJholdings’s discretion.
Address for Designated Agent. Please contact MJholdings’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent, MJholdings, Inc.
568 Broadway, 9th Floor
New York, NY 10012
Phone: (855) 962-3621
Fax: (800) 701-9607
Email to: legal@MJholdings.com
19.4. Entire Agreement
19.5. Choice of Law and Dispute Resolution
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to this Agreement or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of New York, pursuant to the rules of the American Arbitration Association. In addition, you waive any rights to bring, and agree not to participate in, any class action, consolidated, multi-district or collective action, or private attorney general action. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.