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Terms of Use

Welcome to Manage My ASC and this affiliated Web Site, www.managemyasc.com (this "Web Site"). This Web Site is owned and operated by MMX Holdings, LLC ("us", "we", "our" or "MMX") and it is our desire to create a relationship with you, our client, that works for both of us. This Web Site is offered to you conditioned upon your agreeing to follow and be bound by the terms, conditions, and notices contained on this page, the Privacy Policy page and other specified terms and conditions that are a part of this Website. MMX reserves the right to make changes to this Web Site and may revise these Terms of Use and the Privacy Policy at any time by posting the changed Terms of Use or Privacy Policy in their respective locations without individually notifying you.

Security

We are concerned about the security of personal information we have collected from you and therefore we have taken steps to prevent unauthorized access to that information. We incorporate industry standard methods of security that seek to protect the privacy of any personal information you give us and prevents unauthorized access to that information.

User Registration

As part of the registration process, you will select a user name and password and provide certain information about yourself or the organization that you represent. You must provide accurate, complete, and current registration information relative to yourself and/or the entity you represent and you agree to provide an update of such information should any change to such information occur. You agree and understand that as consideration for the use of the services provided by this Web Site, your credit card will be charged the monthly amount to which you agree when signing up as a user of this Web Site. Your right to use this Web Site is personal to you and/or the entity in whose name an account is created and cannot be transferred to any other person for any reason. You are responsible for maintaining the confidentiality and all use of your account under the user name and password associated with your account, whether such use is an agent or representative using this Web Site on your behalf and whether or not such use is authorized. You will be responsible for ensuring that all use of your account complies with these Terms of Use, the Privacy Policy and any other terms and conditions of this Web Site. You will be fully responsible for all activities that occur under your user name and password(s). You agree to notify us immediately of any unauthorized use of your user name or password(s).

User Information

By clicking the "PURCHASE NOW" button in connection with the creation of an account on this Web Site, you are agreeing that MMX may store, or allow its third party vendors to store, information that you provide as part of the registration process, including without limitation, your credit card information. MMX will use commercially reasonable efforts to ensure that any vendor storing any such information uses industry standard security measures to protect such information. Additionally, other than for the purposes of consummating transactions relative to your account (i.e., charging your credit card monthly), MMX will not disclose any of your personal identifying information to a third party without first notifying you and giving you an opportunity to elect not to have your personal identifying information disclosed. See the Privacy Policy.

No Professional or Legal Advice; No Identifiable Information

The images, graphs, calculations or other representations of information and content that are provided by this Web Site are general in nature and are provided for informational purposes only relative to the operation of your business. Such information and any recommendations provided by representatives of MMX is provided with the understanding that neither MMX nor its affiliates, representatives or consultants are engaged in rendering legal, accounting, or other professional services. If advice in any of these areas or other expert assistance is required, the service of an appropriate professional should be sought.

Any information or recommendations provided by MMX or its representatives in connection with your use of this Web Site is for informational purposes only and you are responsible for investigating such recommendations and making the final determination as to whether such recommendations are appropriate for your business. MMX is not responsible for any decisions made by you with respect to your business, whether or not such decisions are related to the services provided by this Web Site.

Other than the personally identifiable information that you provide upon registering as a user of this Web Site, no personally identifiable information shall be provided to us in connection with your use of this Web Site, including but not limited to any information related to your patients or employees. You are solely responsible for complying with this requirement and MMX is not responsible for anything arising from or related to any such disclosure to us by you, whether such disclosure is intentional or unintentional.

Commercial Use Prohibited; Lawful Use of Web Site

The images, graphs, calculations or other representations of information and content on this Web Site are owned by us and licensed to you as a user of this Web Site, conditioned on your compliance with all of these Terms of Use and our Privacy Policy. All of the foregoing are provided to you in connection with the operation of your business and shall not be used, sold or provided to any third party for any other purposes, commercial or otherwise, without our written permission. Additionally, you may not market or represent in any commercial or other manner that you are providing, or responsible for, the services obtained through the use of this Web Site. Any use of this Web Site in this manner shall be a breach of these Terms of Use, will result in the termination of your user status, and may result in our taking action against you in connection with such breach.

As an additional condition to your continued use of this Web Site, you warrant to MMX that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms of Use or the Privacy Policy. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, reverse engineer or sell any of the images, graphs, calculations or other representations of information and content obtained from this Web Site, or as provided by MMX, this Web Site, or our representatives, even for your own personal use, other than in compliance with these Terms of Use or by first getting permission in writing from MMX.

Copyright Information

All material on this Web Site or provided to you as a result of your use of this Web Site is Copyright © 2011, MMX Holdings, LLC. All rights reserved worldwide. managemyasc is a service mark of MMX and is protected under U.S. and International laws. Other names appearing on this Web Site may be trademarks of their respective owners.

Limitations of Liability

IN NO EVENT SHALL MMX BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR USE OF THIS WEB SITE, THE SERVICES PROVIDED HEREBY OR ANY ADVICE OR RECOMMENDATIONS PROVIDED BY ANY REPRESENTATIVES OF MMX, EVEN IF MMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE, RECOMMENDATIONS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MMX OR THROUGH OR FROM THIS WEB SITE OR THE SERVICES PROVIDED THEREBY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE; AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH ADVICE, RECOMMENDATION OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT MMX SHALL NOT BE LIABLE FOR CONTENT OR SERVICES PROVIDED BY THIRD PARTIES OR PRODUCTS RECEIVED THROUGH, RECOMMENDED IN CONNECTION WITH, OR ADVERTISED ON, THIS WEB SITE OR THROUGH THE SERVICES PROVIDED HEREBY OR ANY LINKS THEREON. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MMX’S ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MMX FOR YOUR USE OF THIS WEBSITE.

ADDITIONALLY, IN STATES/JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF MMX, AND/OR ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MMX AND OUR SERVICE PROVIDERS, INCLUDING ALL OFFICERS, MANAGERS, OWNERS, AGENTS, CONTENT PROVIDERS, AFFILIATES AND LICENSORS (COLLECTIVELY, THE "MMX PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) INCURRED BY YOU IN ANY MANNER FOR, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO, USE OF THIS WEB SITE OR ANY INFORMATION, ADVICE OR RECOMMENDATIONS PROVIDED IN CONNECTION HEREWITH, (II) ANY CLAIM ARISING OUT OF ANY USE OR ALLEGED USE OF YOUR ACCOUNT OR PASSWORD BY YOU OR ANY PERSON WHETHER OR NOT AUTHORIZED BY YOU, OR (III) ANY DECISIONS THAT YOU MAKE RELATIVE TO YOUR BUSINESS, WHETHER IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR OTHERWISE. THE MMX PARTIES RESERVE THE RIGHT, AT ITS (THEIR) OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH THE MMX PARTIES DEFENSE OF SUCH CLAIM.

General

The services provided by this Web Site (including any software contained therein) are provided "AS-IS." To the maximum extent permitted by applicable law, MMX expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. MMX makes no representation or guarantee of performance related to the Services provided by this Website. MMX cannot guarantee and does not promise any specific results from use of this Web Site.

This Web Site may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall MMX be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, MMX shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, computer online system, server or provider, computer or other equipment, e-mail, media player, or other software or hardware - whether resulting from technical problems, traffic congestion on the Internet or at any web site or combination thereof, or any other reason. MMX shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond MMX's reasonable control, including without limitation other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heating, lighting, or air conditioning. MMX shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation on the Web Site, from accessing or using Content or other materials in connection with the Web Site, and/or from any other reason set forth herein. Without prior notice, MMX may modify, suspend, or discontinue any part of the services provided by the Web Site or your use of them; and in the event MMX does so, it will not be liable to you or any third party.

This Web Site may present links to third-party web sites that are not owned or operated by MMX. MMX shall not be held liable for the availability of such third-party web sites or their contents. You agree that MMX shall not be held liable in any way for any loss, damage, or injury caused by or in connection with your use or reliance on contents, goods, or services available through any such third-party web site.

This agreement shall be construed in accordance with the laws of Texas and by using this Web Site, you agree that this Web Site shall be deemed solely based in Texas, and this Web Site shall be deemed a passive web site that does not give rise to personal jurisdiction over MMX, either specific or general, in jurisdictions beyond Texas. In the event there is any dispute about or involving this Web Site, such dispute will be governed by the laws of the State of Texas without regard to its conflict of law principles. You agree to exclusive personal jurisdiction and venue in the state and federal courts of Travis County, Texas. The parties intend the forum choice of Travis County, Texas to be mandatory and not permissive in nature. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provisions and the remainder of these Terms of Use shall continue in effect. These Terms of Use constitutes the entire agreement between you the user and MMX with respect to this Web Site and such subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you the user and MMX with respect to this Web Site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries of these Terms of Use. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

To the extent that software used in connection with this Web Site is subject to U.S. export controls, it may not be downloaded from this Web Site or otherwise exported or re-exported: (A) into, or to a national or resident of, Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using this Web Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Contact Information

If you have any questions regarding these Terms of Use, or if you have any other questions regarding this Web Site, please contact MMX using the contact form or via email at .