TERMS AND CONDITIONS
IF YOU BELIEVE YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO YOUR LOCAL EMERGENCY ROOM, OR CALL THE LOCAL EMERGENCY PHONE NUMBER SUPPORTED BY GOVERNMENTAL AUTHORITIES (EXAMPLE 911 IN THE UNITED STATES) IMMEDIATELY.
You knowingly, and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue MHAGC from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character as a result of the services, information and materials offered by MHAGC.
BY USING MHAGC Services OR ACCESSING MHAGC CONTENT, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH, AND BE BOUND BY THE TERMS LISTED HERE IN THEIR ENTIRETY, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THIS AND TO FOLLOW ALL APPLICABLE LAWS, DO NOT ACCESS OR USE MHAGC SERVICES, THIS SITE OR ANY OF OUR CONTENT.
DO NOT USE OUR SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, IMMEDIATELY CALL 911 AND REQUEST HELP.
Our services are not intended or implied to be a substitute for professional advice, diagnosis, treatment, psychotherapy, counseling, or mental health services.
THE SERVICES PROVIDED BY MHAGC ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU HEREBY ASSUME ALL OF THE RISK, INCLUDING BY WAY OF EXAMPLE, AND NOT LIMITATION, ANY RISKS THAT MAY ARISE FROM THE MHAGC’S NEGLIGENCE. MHAGC STRONGLY ADVISES THAT YOU SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION RECEIVED FROM MHAGC.
ON BEHALF OF YOUR EXECUTORS, ADMINISTRATORS, HEIRS, NEXT OF KIN, SUCCESSORS, AND ASSIGNS, YOU HEREBY: (A) WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL LIABILITY FOR YOUR DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER OCCUR TO YOU, THE FOLLOWING ENTITIES OR PERSONS: MHAGC, ITS AFFILIATED ENTITIES, ITS AND THEIR DIRECT AND INDIRECT OWNERS, AND EACH OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AND AGENTS; AND (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE THE ENTITIES OR PERSONS MENTIONED ABOVE FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF YOUR USE OF MHAGC’S SERVICES. THIS RELEASE SHALL BE CONSTRUED BROADLY TO PROVIDE A RELEASE AND WAIVER TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WHATSOEVER SHALL MHAGC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF MHAGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. MHAGC SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF MHAGC, REGARDLESS OF THE FORM OF ACTION, EXCEED $1. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO OUR SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Modification to Terms
MHAGC may revise and update this List of Terms from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the site thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the site. Your continued use of the site following the posting of revised List of Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- If any provision of this List of Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
- It may be necessary for MHAGC to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the site or result in a partial or complete outage of the site. MHAGC provides no assurance that you will receive advance notification of such activities or that access to the site will be uninterrupted or error-free.
- No joint venture, partnership, employment, or agency relationship exists between you and MHAGC as a result of this List of Terms or use of our services. The failure of MHAGC to enforce any right or provision in this List of Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MHAGC in writing.
4 If you have not entered into another agreement with MHAGC regarding the subject matter contained herein, then this List of Terms comprises the entire understanding between you and MHAGC and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and MHAGC have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and MHAGC, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to contact [email protected] or call (800) 209-8114.