Our Terms of Use (“Terms”) carefully govern your use of www.monarchmd.com and its related links (collectively, the “Site”), which includes the Site itself and any web pages, interactive features, applications, widgets, blogs, social networks, or other online, mobile, or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device, or other technology. The Site is the property of Monarch MD LLC and its related entities (“Monarch, “we”, “us”, or “our”) and its licensors.
By accessing, browsing, downloading, using, or registering to receive any content or services, you acknowledge that you have read and understood these Terms and that you accept and agree to be bound by them in full, including the arbitration agreement and class action waiver herein.
If you do not agree to the Terms, you may not use the Site.
Use of the Site
Monarch’s Services
Monarch supports concierge clinical practices through its network of affiliated physicians and non-clinical support offerings. For the terms of your Membership Agreement and other details related to your affiliated physician’s healthcare and wellness programs, please contact your affiliated physician.
You acknowledge that the affiliated physicians operate as independent contractors and not as agents, employees, or representatives of Monarch. You also recognize that Monarch does not oversee or dictate the medical care provided by any affiliated physician, who is solely responsible for the care they deliver, exercising independent medical judgment. Monarch bears no responsibility for the decisions or actions of any affiliated physician in relation to your care. Furthermore, Monarch does not endorse or make any warranties regarding the qualifications, quality, or outcomes of the care provided by any affiliated physician. Any statements or assurances made by an affiliated physician are not endorsed by Monarch and are the sole responsibility of the individual physician.
Access and Use
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site. Unauthorized use or misuse of any Content, features, or services provided on the Site is strictly prohibited.
Proprietary Content
All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Monarch or its content suppliers and protected by intellectual property laws. Unauthorized use of any proprietary content is strictly prohibited.
Disclaimer of Warranties
The Site and its content are provided “as is” without warranty of any kind. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site and are not responsible for any errors or omissions or for the results obtained from the use of such information.
No Medical Advice
The content on the Site is provided for general informational purposes only and is not intended as, nor should it be considered a substitute for, professional medical advice. If you have or suspect you have a medical problem or injury, promptly contact your affiliated physician or other healthcare provider.
Legal Terms
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. BY USING THE SITE, YOU AGREE TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
Any past, present, or future claim, dispute, or controversy involving Monarch, including, without limitation, any services, representations, acts or omissions, the use of the Site, the Terms, and/or privacy policy, Monarch’s marketing, and/or any agreement (including the validity, breach, interpretation, formation, arbitrability, inducement, or enforcement thereof) shall be resolved exclusively through binding arbitration before a neutral arbitrator in the county where the user resides.
The parties will engage in a fair selection process for the neutral arbitrator, who will have the sole authority to resolve any disputes under any legal theory, whether based in contract, statute, tort, fraud, or otherwise. Arbitration will be conducted through Judicial Arbitration & Mediation Services (“JAMS”), or another arbitrator if JAMS is unavailable, following the JAMS rules in effect at the time of filing, which include Expedited Procedures and are available at www.jamsadr.com. Arbitration will be on an individual basis, with no class or consolidated actions permitted. Either party may pursue an individual claim in small claims court as an alternative to arbitration if the claim qualifies.
The parties understand and voluntarily waive their rights to a court trial, a trial by jury, and participation in class actions. This agreement to arbitrate is governed by the Federal Arbitration Act due to the transaction involving interstate commerce. The arbitrator can award the same relief as a court in law or equity. Monarch will cover all arbitration costs, but each party is responsible for its own attorney’s fees. This arbitration agreement will survive the termination of any agreement, relationship, or interaction with Monarch.
Limitation of Liability
To the fullest extent permitted by applicable law, Monarch shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or its content. In no event shall Monarch’s liability to you exceed $100.
Indemnification
You agree to indemnify, defend, and hold harmless Monarch and its affiliates, officers, agents, employees, and licensors from any claim or demand made by any third party due to or arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another.
Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Monarch is located, without giving effect to any principles of conflicts of law.
Other
Changes to the Terms
We may update these Terms from time to time to incorporate additional terms specific to new features, applications, opportunities, or services that we may make available on or through the Site. All such updates and amendments are effective immediately upon notice, which we may give by any means, including by posting a revised version of these Terms on the Site.
Contact Information
For any questions or concerns regarding these Terms, please contact us at legal@monarchmd.com.
Acknowledgment
By using the Site, you acknowledge that you have read these Terms of Use and agree to be bound by them.