This Terms and Conditions of Use Agreement ("Agreement") is a legal agreement between you and Metropolitan Health Networks, Inc. ("MetCare") governing your use of this Website (the "site").
YOUR USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCESSING, USING AND/OR VIEWING OUR SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST EXIT THIS SITE. PLEASE NOTE THAT CHILDREN UNDER THE AGE OF THIRTEEN (13) ARE PROHIBITED FROM USING ANY METCARE SITE.
Occasionally, the terms of this Agreement may change. If you access our site at any time after such a change in terms of the Agreement is posted, then you are deemed to have accepted and agreed to all of the revisions.
LICENSE AND WEBSITE ACCESS. Users under the age of thirteen (13) are prohibited from using the site. Provided that you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our site and the information contained within the site. You may not assign or sublicense this license. The site and information contained within the site may not be distributed, modified, reproduced, transmitted or used commercially in whole or in part without our written permission, except you may make a limited number of copies for your own personal, noncommercial use.
Our site contains software tools and databases that allow you to search and retrieve information. You may not (1) sell, distribute or commercially exploit such software tools, databases or the results of any database search performed on this site, (2) use any data mining, robots, or similar gathering and extraction tools, or (3) sell, rent, lease, lend, or transfer any services provided on this site.
You may use our services for lawful purposes only. You may not use our services to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, but are not limited to, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorization. You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of this site. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools. You may not "flood" or disrupt our site through any means or process. You are responsible for all use of our services and our site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to our site via your computer.
COPYRIGHT, TRADEMARKS & TRADE DRESS. All content included on the site, the compilation of all content on the site and all software used on the site are the property of METCARE, its affiliates or its content suppliers, and are protected by U.S. and international copyright laws. Furthermore, AdvantageCare, Be Well, as well as other marks so indicated on the site and other METCARE graphics, logos, images, page headers and titles, button icons, scripts and trade and service names, are trademarks and/or trade dress of METCARE in the U.S. and other countries.
Except as provided in the "License and Website Access" section above, unless you receive METCARE's prior express written consent, you may not: (1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the site, including the content and/or software on the site; (2) make any use of METCARE's trademarks and/or trade dress; (3) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of METCARE; or (4) use any metatags or any other "hidden text" utilizing METCARE's name or trademarks. Permission requests may be sent to firstname.lastname@example.org .
Alleged copyright, trademark and trade dress violations should be reported to the METCARE webmaster in care of this site. You may mail a detailed description of the alleged violation to Web Master, Metropolitan Health Networks, Inc., 777 Yamato Road, Suite 510, Boca Raton, Florida 33431, or via email to email@example.com.
METCARE makes no representations concerning, and assumes no liability for, the infringing or non-infringing nature of any trademarks which appear on the site but are not owned by METCARE.
PERSONAL ID NUMBERS. In order to access certain features of our site, you must have a Personal Identification Number (PIN). You can request a PIN from METCARE through the site. We require your PIN as part of a verification system designed to protect your privacy and security. You are not required to select a PIN, but if you choose to do so, you are responsible for maintaining its security.
DISCLAIMER. Our site contains various types of information originating from ourselves or third parties, including outside vendors that provide health-related information or goods and services. The site provides information about health issues designed to help users make better decisions. But medical information is not the same as medical advice. Although we go to great lengths to make sure our information is accurate and useful, we urge you to consult a physician if you want professional assurance that our information, and your interpretation of our information, is appropriate to your particular situation.
AS THE USER OF THIS SITE, YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THIS SITE, INCLUDING THE INFORMATION PRESENTED ON THE SITE. THE SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU ARE RESPONSIBLE FOR SEEKING PROFESSIONAL MEDICAL ADVICE IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR A HEALTH CONDITION. YOU AGREE TO HOLD METCARE AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, INFORMATION FOUND ON THIS SITE.
THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON OUR SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, CONCERNING OUR SERVICES OR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE INFORMATION OR SERVICES INCLUDED ON OUR SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM SERVICES, INFORMATION, OR MATERIALS, INCLUDING HEALTH-RECORD HISTORIES, PRESCRIPTION AND NONPRESCRIPTION DRUG PURCHASE HISTORIES, OR PRESCRIPTION REFILL INFORMATION. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, EXCEPT TO THE EXTENT THAT SUCH WEBSITE OR LINK IS OWNED AND OPERATED BY METCARE OR ITS AFFILIATE(S).
LIMITATION OF LIABILITY. Use of our services is at your own risk. With regard to outside vendors and information providers, we do not endorse, or otherwise recommend or approve any product or information located on or available through our site. We do not own or control other networks, sites, or hyperlinked sites outside of our own site, including the outside vendors accessed through our site.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR SERVICES, LOSS OF DATA, INTERRUPTION OR LOSS OF USE OF ANY EQUIPMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR INVASION OF PRIVACY, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR FOR PERFORMANCE (OR NON-PERFORMANCE) WITHIN OUTSIDE NETWORKS OR INTERCONNECTION POINTS BETWEEN OUR SITE AND OTHER NETWORKS AND/OR SITES THAT ARE OPERATED BY THIRD PARTIES. WE ALSO MAKE NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR SITE, AND YOU AGREE AND ACKNOWLEDGE THAT AT TIMES YOUR ABILITY TO ACCESS OUR SITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND ACCORDINGLY WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT OR FAILURE OF THE INTERNET.
INDEMNIFICATION. You agree to defend, indemnify and hold METCARE and its directors, officers, employees, agents, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to your use of the site or your acts or omissions, including but not limited to (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement, or (4) any damage or destruction to our site, to us, or to other persons or parties.
TERMINATION AND INVESTIGATION. METCARE may terminate the license granted to you under the above "License and Website Access" section at any time if you are in breach of this Agreement. The license will terminate immediately without notice from METCARE if, in METCARE's sole discretion, you fail to comply with any term or provision of this Agreement. Upon such termination, you may not access, use, or view the site.
We reserve the right to investigate suspected violations of this Agreement. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our services. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
BREACH. You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to METCARE, for which there will be no adequate remedy at law, and that METCARE shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the site. Your breach of this Agreement may also entitle METCARE to bring an action against you for any and all other remedies available at law or in equity.
JURISDICTION. We operate and control our site from our location in Florida, United States of America. We make no representation that any information, materials or functions included on or through our site are appropriate for use in any other jurisdiction. If you choose to access our site from locations other than Florida, you do so on your own initiative and are responsible for compliance with applicable laws and regulations.
This Agreement, and the rights and obligations of you and METCARE hereunder, shall be governed by, and construed in accordance with, the laws of the State of Florida. You further agree that any legal action or proceeding between you and METCARE arising out of or relating to this Agreement or your use of the site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in West Palm Beach, Florida, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.
NO WAIVER; SEVERABILITY. A waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of this Agreement. In the event that any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
ASSIGNABILITY. We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under this Agreement to anyone else.
RELATIONSHIP. This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.
DISCLOSURE; FORWARD LOOKING STATEMENTS. Some of the information on this website may contain projections or other forward-looking statements regarding future events or the future financial performance of MetCare. Except for historical matters contained in the content of the website, statements made in this website are forward-looking and are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Without limiting the generality of the foregoing, words such as “may”, “will”, “to”, “plan”, “expect”, “believe”, “anticipate”, “intend”, “could”, “would”, “estimate”, or “continue” or the negative other variations thereof or comparable terminology are intended to identify forward-looking statements.
Investors and others are cautioned that a variety of factors, including certain risks, may affect our business and cause actual results to differ materially from those set forth in the forward-looking statements. These risk factors include, without limitation,(i) pricing pressures exerted on us by managed care organizations and the level of payments we receive under governmental programs or from other payors; (ii) future legislation and changes in governmental regulations; (iii) the impact of Medicare Risk Adjustments on payments we receive for our managed care operations; (iv) our ability to successfully recruit and retain medical professionals; (v) our ability to successfully maintain the licensing of our HMO from the requisite state and federal regulatory agencies;(vi) our ability to fund and develop the necessary capabilities to successfully launch and operate our HMO; (vii) the impact of Medicare Risk Adjustments on payments we receive for our managed care operations; and (viii) a loss of any of our significant contracts. The Company is also subject to the risks and uncertainties described in its filings with the Securities and Exchange Commission, including its Annual Report on Form 10-K for the year ended December 31, 2004.
Thank you for taking the time to review this Agreement. We look forward to providing services to you.
In This Section
Metropolitan Health Networks
777 Yamato Road
Boca Raton, Florida 33431
Direct: (561) 805-8500
Toll Free: (888) 663-8227
Fax: (561) 805-8501