Agreement Overview

This agreement is between You, any other individual or entity on whose behalf You accept these terms (collectively “You” or “User”), and Medical Informatix Inc., its affiliates and subsidiaries (collectively known as “MIFOinc”):

All MIFOinc web properties, including but not limited to hitsconsultinggroup.com, hitscg.com, and hitshosting.com (the “MIFOinc Web Sites”), are Internet-based online information and communication services operated by MIFOinc.

MIFOinc Web Sites are accessible by Users worldwide. User participation is voluntary, and any information contributed is done at the User’s own initiative. Users may discontinue participation at any time.

MIFOinc considers its Users’ privacy to be of the utmost importance. Information posted or submitted to the MIFOinc Web Sites is governed by MIFOinc’ Privacy Policy.

Use Limitation

The MIFOinc Web Sites are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the “Agreement”). Your use of the MIFOinc Web Sites constitutes your acknowledgement and agreement to all such terms, conditions and notices, as set forth below and in all links to this Agreement. If you do not agree to accept the terms of this Agreement, you may not access or use the MIFOinc Web Sites. Unless otherwise specified, the MIFOinc Web Sites are exclusively for: business use as it relates to your relationship to MIFOinc, and your personal and other non-commercial use. Unless expressly permitted by MIFOinc, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, solutions/products or services obtained from the MIFOinc Web Sites. Subject to any applicable terms in addition to this Agreement, you may download information, software, solutions/products or services obtained from the MIFOinc Web Sites only for business use as it related to your relationship with MIFOinc, your personal and other non-commercial use, provided you keep intact all copyright and other proprietary notices.

Terms of Use Modification

MIFOinc may revise the Terms of Use and Privacy Policy at any time and without notice to you. You are responsible for regularly reviewing the Terms of Use and Privacy Policy. The revised Terms of Use and Privacy Policy will be effective when posted. Your continued use of the MIFOinc Web Sites indicates your acceptance to any revised Terms of Use and Privacy Policy.

Links to Third Party Sites

MIFOinc makes no representations whatsoever about any other web site which you may access through the MIFOinc Web Sites. When you access a non-MIFOinc Web Site, even one that may
contain the MIFOinc-logo or other MIFOinc trademark, service mark or trade name, please understand that it is independent from MIFOinc, and that MIFOinc has no control over the content on that web site. Additionally, the MIFOinc Web Sites may contain links to other web sites (“Linked Sites”). The Linked Sites may not be under the control of MIFOinc and MIFOinc is not responsible for the contents of any Linked Site not under MIFOinc control, including without limitation any link contained in a Linked Site, any changes or updates to a Linked Site or any form of transmission received from any Linked Site. MIFOinc makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Linked Sites and shall have no liability for any damages or injuries of any kind arising from such content or information. To The Fullest Extent Permitted By Law, In No Event Will Mifoinc, Its Officers, Directors, Employees, Agents, And/Or Its Suppliers Be Liable For Any Direct, Indirect, Punitive, Incidental, Special, Consequential Damages Or Any Other Damages Whatsoever For Any Use Of The Linked Sites.

Prohibited Use

As a condition of your use of the MIFOinc Web Sites, you warrant to MIFOinc that you will not use the MIFOinc Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MIFOinc Web Sites in any manner which could damage, disable, overburden, or impair the MIFOinc Web Sites or interfere with any other party’s use of the MIFOinc Web Sites. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the MIFOinc Web Sites. MIFOinc reserves complete and sole discretion with respect to the operation of the MIFOinc Web Sites. MIFOinc reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Information Provided to MIFOinc or Posted on MIFOinc Web sites

Except for where specifically covered by the Privacy Policy, MIFOinc does not want to receive confidential or proprietary information of any person or organization from you through its MIFOinc Web Sites and you agree not to supply the same. Please note that any information or material sent to MIFOinc that is not covered by the Privacy Policy, whether by post, upload, input or submission to the MIFOinc Web sites or their associated services (Collectively “Materials”), will be deemed NOT to be confidential and MIFOinc shall have no obligation of any kind with respect to such Materials or any underlying information.

User Representation

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the MIFOinc Web Sites in accordance with this Agreement. You agree to be financially responsible for your use of the MIFOinc WebSites and to comply with your responsibilities and obligations as stated in this Agreement.

Indemnification

You Agree To Indemnify, Defend And Hold Harmless Mifoinc, Its Officers, Directors, Employees, Agents, Information Providers And Suppliers From And Against All Claims, Liabilities, Losses, Expenses, Damages And Costs, Including Reasonable Attorneys’ Fees, Resulting From Any Violation Of This Agreement Or Any Activity Related To Your Use Of The Mifoinc Web Sites And Any Account You Might Have (Including Infringement Of Third Parties’ Worldwide Intellectual Property Rights, Misappropriation Of Trade Secrets Or Other Proprietary Rights Or Negligent Or Wrongful Conduct).

waiver, Release And Limitation Of Liability
you Hereby Release And Forever Waive Any And All Claims You May Have Against Mifoinc, Its Officers, Directors, Employees, Agents, Information Providers Or Suppliers For Losses Or Damages You Sustain In Connection With Your Use Of The Mifoinc Web Sites. This Section 17 Will Not Apply To Claims Arising From Gross Negligence Or Willful Misconduct By Mifoinc Or Any Other Claims In Respect Of Liablity That Cannot Be Lawfully Excluded Or Limited.

Term & Termination

Either you or MIFOinc may terminate your right to use the MIFOinc Web Sites at any time, with or without cause, upon notice. In addition, MIFOinc may withdraw, suspend or discontinue any functionality or feature of the MIFOinc Web Sites; provided, however, that if your agreement with MIFOinc provides for the continued use of any functionality or feature, MIFOinc will continue to provide that respective functionality or feature to you subject to the provisions of such agreement. The provisions concerning Copyrights, Indemnification, Waiver, Release and Limitation of Liability, and General shall survive any termination of this Agreement.

This Agreement is governed by US federal law or the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of courts in the State if New York in all disputes arising out of or relating to the use of the MIFOinc Web Sites. Use of the MIFOinc Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these this Agreement, including without limitation this paragraph. Any cause of action or claim you may have with respect to MIFOinc must be commenced within one (1) year after the claim or cause of action arises. MIFOinc’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MIFOinc may assign its rights and duties under this Agreement to any party at any time without notice to you.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

Terms

MIFOinc Terms and Conditions Acceptance
MIFOinc Privacy Policy rev. 07 01 2021
MIFOinc California Specific Privacy Policy
MIFOinc Refund Policy

Notice

MIFOinc may deliver notice to you under this Agreement by means of electronic mail, a general notice on the MIFOinc Web Sites, or by written communication delivered by first class U. S. mail to your address on record in MIFOinc’ client information. You may give notice to MIFOinc at any time via electronic mail to corporate@hitscg.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

Medical Informatix Inc.
1225 Franklin Avenue, Suite 325
Garden City, NY 11530

Information on the MIFOinc Web Sites may be changed or updated without notice. MIFOinc may also make improvements and/or changes in the solutions and/or the services described on the MIFOinc Web Sites at any time without notice. In the event of any conflict between the terms of this Agreement and the terms and conditions of a dually-executed agreement between MIFOinc and User, the terms of the dually-executed agreement between MIFOinc and User shall have precedence.