Terms of Use
MDFASTPASS, INC - Terms of Use
Effective Date: August 04, 2025
These terms and conditions of use (“Terms of Use” or “Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by MDFastPass, Inc. (“MDFastPass,” “we,” “us,” or “our”), including the www.mdfastpass.com website (collectively, the “Site”), as well as the Services available to users through the Site (defined below). The terms “you” and “your” refer to you as a visitor to our Site or user of our Services.
If you create a MDFastPass Account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms on such individual’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that individual or entity).
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
IMPORTANT: PLEASE CAREFULLY REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER INCLUDED HEREIN, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND MDFastPass BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MDFastPass ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST MDFastPass. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
MDFastPass reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this Site after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms.
NOTE: If you are a Physician (as that term is defined in these Terms), your use of MDFastPass’ Services is also subject to the Physician Platform Access Agreement which you have executed with MDFastPass and which is incorporated by reference herein
If you create a MDFastPass Account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms on such individual’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that individual or entity).
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
IMPORTANT: PLEASE CAREFULLY REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER INCLUDED HEREIN, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND MDFastPass BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MDFastPass ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST MDFastPass. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
MDFastPass reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this Site after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms.
NOTE: If you are a Physician (as that term is defined in these Terms), your use of MDFastPass’ Services is also subject to the Physician Platform Access Agreement which you have executed with MDFastPass and which is incorporated by reference herein
Privacy Policy
You agree that information provided by you or collected from you in connection with the Services and Site shall be governed by the MDFastPass Privacy Policy, which is hereby incorporated and made a part of this agreement.
Overview of Services
MDFastPass contracts with third party specialist physicians and medical groups (the “Physicians”) to provide Physicians access to the Site for the benefit of scheduling and offering bespoke concierge services to the Physicians’ patients. The Physicians make the Site available to Physicians’ patients who wish to purchase additional, non-clinical, non-health care items or services, such as after-hours access to appointments with Physicians and other VIP services (“Services”). For purposes of clarity, MDFastPass offers an online communication and scheduling platform (“Platform”) through which individuals (“Users”) may connect with their Physician at the invitation of their Physician. MDFastPass does not offer clinical or health care items or services and no medical advice or clinical services are provided to Users via the Platform.
Further, MDFastPass encourages Physicians to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Physician at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.
It is possible that a User, through discussions with the User’s Physician, will decide to schedule a clinical service or other procedure with a Physician. Any clinical services provided by a Physician to the Physician’s patient is outside the scope of MDFastPass’ arrangement and MDFastPass shall have no liability for any adverse outcomes stemming from such clinical services or procedures.
Further, MDFastPass encourages Physicians to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Physician at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.
It is possible that a User, through discussions with the User’s Physician, will decide to schedule a clinical service or other procedure with a Physician. Any clinical services provided by a Physician to the Physician’s patient is outside the scope of MDFastPass’ arrangement and MDFastPass shall have no liability for any adverse outcomes stemming from such clinical services or procedures.
MDFASTPASS DOES NOT PROVIDE MEDICAL ADVICE; SERVICES NOT FOR USE IN CASE OF EMERGENCY
MDFastPass is not a medical provider, insurance provider, or prescription fulfillment warehouse. The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by MDFastPass. You may always seek the advice of your Physician or any other qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.
MDFastPass is not responsible for Physicians’ acts or omissions, or for any content of a Physician’s communications with a User. MDFastPass is independent of the Physician and does not employ or otherwise exercise any control over the services provided by the Physicians.
MDFastPass is not responsible for Physicians’ acts or omissions, or for any content of a Physician’s communications with a User. MDFastPass is independent of the Physician and does not employ or otherwise exercise any control over the services provided by the Physicians.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
MDFastPass’ Site and Services are not for medical or mental health emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 or go to your nearest emergency room immediately. If you are experiencing suicidal or self-harm thoughts or tendencies, you should immediately call the National Suicide Hotline at 9-8-8.
Users should seek emergency help or follow up care when recommended by their Physician or other health care provider or when otherwise needed. Users should continue to consult with their Physician and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions regarding a medical condition and before stopping, starting, or modifying any treatment or medication.
Users should seek emergency help or follow up care when recommended by their Physician or other health care provider or when otherwise needed. Users should continue to consult with their Physician and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions regarding a medical condition and before stopping, starting, or modifying any treatment or medication.
AVAILABILITY OF SERVICES
By using the Services, you represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Physicians
Only Physicians who have entered into a contract with MDFastPass will have access to the Site.
Users
MDFastPass’ Services are available to Users who are the patients of a Physician who has entered into a contract with MDFastPass and whose Physician has provided such User with a unique link to access that Physician’s calendar and available Services. Minors under the age of 18 may only access the Site and the Services with the consent of a parent or legal guardian and through an account created by the parent or legal guardian.
Physicians
Only Physicians who have entered into a contract with MDFastPass will have access to the Site.
Users
MDFastPass’ Services are available to Users who are the patients of a Physician who has entered into a contract with MDFastPass and whose Physician has provided such User with a unique link to access that Physician’s calendar and available Services. Minors under the age of 18 may only access the Site and the Services with the consent of a parent or legal guardian and through an account created by the parent or legal guardian.
FEES; ORDERING AND PURCHASING OF SERVICES
MDFastPass processes payments on behalf of the Physicians for the Services. MDFastPass collects a total payment amount of six-hundred and fifty dollars ($650) from the User. This payment amount is comprised of two separate fees: (1) a Platform access fee of one-hundred and fifty dollars ($150) for MDFastPass’s administrative services, including the use of the Platform for scheduling, coordination, and communication, and (2) a five-hundred dollar ($500) services fee for the Physician for the Services, such as expanded office hours devoted exclusively to Users of MDFastPass, and other non-clinical, non-health care items or services and amenities to elevate the User’s in-office experience. By choosing to use the Services User acknowledges that the fees collected by MDFastPass are entirely separate from any cost-sharing or other User costs for the care that User receives from the Physician and User understand and acknowledges that they are solely responsible for the costs of any services provided to User by Physician.
Purchasing Through the Site:
You can purchase Services on the Site. We accept credit and U.S. debit cards. If a credit card account is being used for a transaction, MDFastPass may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Purchasing Through the Site:
You can purchase Services on the Site. We accept credit and U.S. debit cards. If a credit card account is being used for a transaction, MDFastPass may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
ELIGIBILITY; SITE ACCESS AND SECURITY
To utilize the Services, you agree to fully, accurately, and truthfully create your MDFastPass Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your login credentials.
The login credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such login credentials. You agree to prohibit anyone else from using your login credentials and agree to immediately notify MDFastPass at support@mdfastpass.com of any actual or suspected unauthorized use of your login credentials or other security concerns of which you become aware. Your access to the Site may be revoked by MDFastPass at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. MDFastPass will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
The login credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such login credentials. You agree to prohibit anyone else from using your login credentials and agree to immediately notify MDFastPass at support@mdfastpass.com of any actual or suspected unauthorized use of your login credentials or other security concerns of which you become aware. Your access to the Site may be revoked by MDFastPass at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. MDFastPass will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
CONSENT TO COMMUNICATIONS
When you use the Site, Services, or Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. MDFastPass may contact you by telephone, mail, or email to verify your account information. MDFastPass may request further information from you and you agree to provide such further information promptly to ensure that you have not fraudulently created your Account. We reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
By providing your mobile number, you are agreeing to be contacted by or on behalf of MDFastPass at the mobile number you have provided, including calls and text messages, to receive informational, Service-related communications relating to the Site and Services. Message and data rates may apply. To stop receiving text messages from us, reply with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
MDFastPass is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us immediately at support@mdfastpass.com.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit MDFastPass’ Services in ways that would violate the CAN-SPAM Act, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
By providing your mobile number, you are agreeing to be contacted by or on behalf of MDFastPass at the mobile number you have provided, including calls and text messages, to receive informational, Service-related communications relating to the Site and Services. Message and data rates may apply. To stop receiving text messages from us, reply with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
MDFastPass is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us immediately at support@mdfastpass.com.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit MDFastPass’ Services in ways that would violate the CAN-SPAM Act, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
INTELLECTUAL PROPERTY RIGHTS
All pages within this Site and any material made available for download are the property of MDFastPass, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
With the exception of Patients’ electronic medical or treatment record, MDFastPass retains all right, title, and interest in and to the Site, the Services and any information, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by MDFastPass (in that case, the license provider retains all right, title, and interest therein).
You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of MDFastPass’ trademarks, service marks, and logos are strictly prohibited without the prior written permission of MDFastPass, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by MDFastPass or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
MDFastPass may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
Subject to these Terms of Use, MDFastPass grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the Site. MDFastPass reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. All rights not expressly granted to you in these Terms of Use are reserved and retained by MDFastPass or its licensors, suppliers, publishers, rights holders, or other content providers.
You may provide suggestions, comments or other feedback (collectively, “Feedback”) to MDFastPass with respect to its Services. Feedback is voluntary. MDFastPass may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant MDFastPass an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with MDFastPass’ business, including the enhancement of the Services.
With the exception of Patients’ electronic medical or treatment record, MDFastPass retains all right, title, and interest in and to the Site, the Services and any information, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by MDFastPass (in that case, the license provider retains all right, title, and interest therein).
You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of MDFastPass’ trademarks, service marks, and logos are strictly prohibited without the prior written permission of MDFastPass, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by MDFastPass or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
MDFastPass may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
Subject to these Terms of Use, MDFastPass grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the Site. MDFastPass reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. All rights not expressly granted to you in these Terms of Use are reserved and retained by MDFastPass or its licensors, suppliers, publishers, rights holders, or other content providers.
You may provide suggestions, comments or other feedback (collectively, “Feedback”) to MDFastPass with respect to its Services. Feedback is voluntary. MDFastPass may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant MDFastPass an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with MDFastPass’ business, including the enhancement of the Services.
PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• In any way that infringes or facilitates infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To post or transmit: (a) a message under a false name; or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct.
• To impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm MDFastPass or other users of the Site, or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Use any meta tags or any other "hidden text" utilizing MDFastPass’ name or trademarks without the express written consent of MDFastPass.
• Harvest or collect personal information about any other individual who uses the Site or the Services.
• Copy, distribute, modify, reproduce, publish, or use, in whole or in part, the Site or Services except for purposes authorized or approved in writing by MDFastPass.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services.
• Otherwise attempt to interfere with the proper working of the Site.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• In any way that infringes or facilitates infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To post or transmit: (a) a message under a false name; or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct.
• To impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm MDFastPass or other users of the Site, or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Use any meta tags or any other "hidden text" utilizing MDFastPass’ name or trademarks without the express written consent of MDFastPass.
• Harvest or collect personal information about any other individual who uses the Site or the Services.
• Copy, distribute, modify, reproduce, publish, or use, in whole or in part, the Site or Services except for purposes authorized or approved in writing by MDFastPass.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services.
• Otherwise attempt to interfere with the proper working of the Site.
ACCURACY OF INFORMATION
Although MDFastPass attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform MDFastPass at support@mdfastpass.com so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, MDFastPass shall have no responsibility or liability for information or content posted to the Site from any non-MDFastPass affiliated third party.
NO FUNCTIONALITY GUARANTEES
MDFastPass reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
LINKS TO THIRD PARTY SITES
MDFastPass makes no representations whatsoever about any other website that you may access through this Site. When you access a third-party site, please understand that it is independent from MDFastPass, and that MDFastPass has no control over the content on that website. In addition, a link to a third-party website does not mean that MDFastPass endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
User Information
If you submit, upload, post or transmit any personal information, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to MDFastPass that you have the legal right and authorization to provide all User Information to MDFastPass for use as set forth herein and required by MDFastPass.
You agree to defend, indemnify, and hold harmless MDFastPass from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
You agree to defend, indemnify, and hold harmless MDFastPass from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any material accessible on or from the Site infringes your copyright, you may request removal of or access to those materials by submitting written notification (a “DMCA Notice”) to our copyright agent designated below:
MDFASTPASS
Attn: Corporate Officer
support@mdfastpass.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly and materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable or terminate users who are repeat infringers.
MDFASTPASS
Attn: Corporate Officer
support@mdfastpass.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly and materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable or terminate users who are repeat infringers.
DISCLAIMER OF WARRANTIES
MDFastPass DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MDFastPass DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. MDFastPass DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY MDFastPass ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY MDFastPass OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. MDFastPass DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless MDFastPass and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to MDFastPass or any customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
LIMITATION OF LIABILITY REGARDING USE OF THE SITE
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
MDFastPass IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY MEDICAL DECISIONS BASED IN WHOLE OR IN PART ON ANY RECOMMENDATIONS OR OPINIONS OF PHYSICIANS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MDFastPass TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
MDFastPass IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY MEDICAL DECISIONS BASED IN WHOLE OR IN PART ON ANY RECOMMENDATIONS OR OPINIONS OF PHYSICIANS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MDFastPass TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
ASSIGNMENT
You may not assign, transfer, or delegate the Terms of Use or any part thereof without MDFastPass’ prior written consent. MDFastPass may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, pandemic, fire or other disaster.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will try work in good faith to resolve any issue you have with Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department by contacting us via any of the channels listed in the “How to Contact Us” section herein. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and MDFastPass agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MDFastPass are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and MDFastPass.
If you desire to assert a claim against MDFastPass, and you therefore elect to seek arbitration, you must first send to MDFastPass, by certified mail, a written notice of your claim ("Notice"). The Notice to MDFastPass should be addressed to: Attn: Erin Sutton, c/o Epstein Becker Green, P.C., 227 W. Monroe Street, Suite 4500, Chicago, Illinois 60606 ("Notice Address"). If MDFastPass desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by MDFastPass, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If MDFastPass and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MDFastPass may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by MDFastPass or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after MDFastPass receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
The arbitration will be governed by the laws of the state of Delaware, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless MDFastPass and you agree otherwise, any arbitration hearings will take place in Palm Beach County, Florida. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MDFastPass’ last written settlement offer made before an arbitrator was selected (or if MDFastPass did not make a settlement offer before an arbitrator was selected), then MDFastPass will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND MDFastPass AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MDFastPass agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this agreement to arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in Palm Beach County, Florida..
You and MDFastPass agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MDFastPass are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and MDFastPass.
If you desire to assert a claim against MDFastPass, and you therefore elect to seek arbitration, you must first send to MDFastPass, by certified mail, a written notice of your claim ("Notice"). The Notice to MDFastPass should be addressed to: Attn: Erin Sutton, c/o Epstein Becker Green, P.C., 227 W. Monroe Street, Suite 4500, Chicago, Illinois 60606 ("Notice Address"). If MDFastPass desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by MDFastPass, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If MDFastPass and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MDFastPass may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by MDFastPass or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after MDFastPass receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
The arbitration will be governed by the laws of the state of Delaware, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless MDFastPass and you agree otherwise, any arbitration hearings will take place in Palm Beach County, Florida. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MDFastPass’ last written settlement offer made before an arbitrator was selected (or if MDFastPass did not make a settlement offer before an arbitrator was selected), then MDFastPass will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND MDFastPass AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MDFastPass agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this agreement to arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in Palm Beach County, Florida..
MISCELLANEOUS TERMS
In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between MDFastPass and you pertaining to the subject matter hereof. In its sole discretion, MDFastPass may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
HOW TO CONTACT US
MDFastPass, Inc.
Attn: Corporate Compliance
43 South Powerline Rd. #507
Pompano Beach, FL 33069
Attn: Corporate Compliance
43 South Powerline Rd. #507
Pompano Beach, FL 33069
