1. Site Content
(a) All contents of this Site are: ©2018. All rights reserved. American Physician Partners, LLC. “American Physician Partners, LLC,” “American Physician Partners,” and the APP logo are trademarks of APP. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of this Site transfers any right, title or interest in this Site or the Content to you, and APP and its third party licensors retain all of its and their respective right, title and interest to this Site and Content. References to “Site” throughout these Terms include Content.
(b) This Site is controlled, operated and administered by APP from its offices within the United States of America (“U.S.”). APP makes no representation that materials or Content on this Site are appropriate or available for use at locations outside of the U.S. and does not direct or intend this Site to be accessed outside of the U.S. You may not use this Site or export the Content in violation of U.S. export laws or regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.
2. Permitted Use
Except as indicated to the contrary elsewhere on this Site, you may use this Site, provided that: (a) your use of this Site is solely permitted for your personal use, to request further information about APP, to pay bills issued by APP, and to apply for posted job opportunities; (b) you are not permitted to resell, redistribute, sublicense, enable any timesharing or service bureau use of this Site, charge others for use of or access to this Site, or use this Site in any manner inconsistent with these Terms; (c) you do not duplicate, transfer, give access to, copy, distribute or make available any part of this Site or its Content in any medium without APP’s prior written authorization; (d) you do not attempt to reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, alter or modify any part of this Site; and (e) you fully comply with these Terms in all respects.
3. Career Opportunities
This Site includes capabilities for you to search job opportunities, and submit information and/or your résumé. All information on this Site is subject to change without notice, including but not limited to information regarding job opportunities. Any employment-related information on this Site does not represent an offer of employment, and no obligation is assumed or may be implied on the part of APP by receipt or examination of your information and/or résumé submission.
To the extent you provide any information, including personal information or a résumé, to APP, you represent, warrant and covenant that (i) you are providing or accessing only your own information or the information of others which you are authorized to provide to third parties; and (ii) the use of such information by APP will not infringe upon or misappropriate the intellectual property rights, including rights of privacy or otherwise violate the rights of any third parties, or violate any applicable law, rule or regulation. You are solely responsible for and hereby warrant that the information you submit is accurate and does not contain any misrepresentations or fraudulent information.
4. Bill Payment
This Site connects you to a third-party site to enable you to pay bills that you have received from APP. Your use of such third-party site to pay your bill is subject to your assent to these Terms herein and any terms provided by the third-party payment processing website. If you are unwilling to accept and be bound by these Terms, you may not use the payment processing feature on this Site. Prices shown on your bill do not include any credit card or other processing fee, and if applicable to the bill, will be added to your total amount owed at time of processing. Payment processing information such as billing address or credit card information that is inaccurate or incomplete may result in delays in your bill being processed and marked as paid. APP is not liable for any late or incomplete payment processing for your bill or any subsequent late fees resulting from your use of the third-party payment processing website. If you believe your bill amount is incorrect and you received services in Mississippi or Kansas, please call (866) 793-1381. If you believe your bill amount is incorrect and you received services in another state, please call (866) 434-3164.
You are solely responsible for maintaining the strict confidentiality of any login credentials created in order to access the third-party processing website. You will be solely responsible for any damages or losses that may be incurred or suffered as a result of your failure to maintain strict confidentiality of your login credentials and for any activity that occurs under your login credentials.
5. Linked Sites
You understand that this Site may contain errors, “bugs,” and other problems, which may result in system failure or failure in the use of this Site, and any services offered through this Site, or loss of data or access by third parties to personally identifiable information provided through this Site. This Site may not be continuously available due to maintenance or repairs or due to computer, equipment, or device problems or crashes, disruption in Internet service or other unforeseen circumstances beyond APP’s control. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. APP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. APP MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE CONTENT OR THE SERVICES OF THIS SITE WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE.
APP HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE USE OR TRANSMISSION OF PERSONALLY IDENTIFIABLE INFORMATION IN CONNECTION WITH THIS SITE OR SERVICES PROVIDED ON THIS SITE.
7. Limitation of Liability
IN NO EVENT SHALL APP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR SERVICES OR CONTENT PROVIDED THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, PROFITS, REVENUE, DATA, EMPLOYMENT PROSPECTS OR OPPORTUNITIES, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND APP, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU TO APP (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY PORTION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
8. Copyright Infringement
In accordance with the US Federal Digital Millennium Copyright Act (“DMCA”), APP has designated an agent to receive notifications of alleged copyright infringement associated with this Site. APP will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify APP at firstname.lastname@example.org or through the address at the end of this page. When notifying APP of the alleged copyright infringement please provide APP with the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b) identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on this Site;
(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If APP in good faith believes material to infringe a copyright or otherwise violate any intellectual property rights, APP will remove or disable access to such material.
9. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its choice of laws provisions. You agree that, subject to the following paragraphs, any action arising out of or relating in any way to your use of this Site may be commenced only in the state or federal courts in Nashville, Tennessee, within one (1) year after the claim arises.
You agree that any dispute arising out of or relating in any way to your use of this Site requires that the claim be resolved exclusively by confidential binding arbitration except that, except to the extent APP brings a claim against you, including but not limited to if you have in any manner violated or threatened to violate APP’s intellectual property rights, for which APP may seek injunctive or other appropriate relief. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES AND BROUGHT BY YOU, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the exclusive jurisdiction of the state or federal courts located in Nashville, Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that the sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Nashville, Tennessee.
10. Modifications to Terms
APP may change these Terms from time to time by presenting the updated version to you through this Site or via email. Changes are not retroactive. Please review these Terms periodically for any updates or changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of this Site.
You hereby acknowledge (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.
12. Termination of Access
APP reserves the right to modify or terminate your access to this Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update this Site. Sections 1, 6-11, this Section 12, and 13-14 of these Terms shall survive any termination.
If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. APP’s failure to act with respect to a breach by any visitor using this Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. APP may assign its rights and duties under these Terms without notice to you. You may not assign these Terms, in whole or in part, without the prior written consent of APP, and any assignment in contravention of the foregoing shall be null and void. These Terms, as revised from time to time by APP, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
14. Contact Information
If you have any questions about these Terms, the practices of APP, or your dealings with this Site, please contact APP through the address below. You may also contact APP to update your personal information by notifying APP when you change your name or email address.
American Physician Partners, LLC
5121 Maryland Way
Nashville, Tennessee 37027
Last Updated: June 28, 2018