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Terms & Conditions

Standard Terms of Use

Please read these Terms and Conditions carefully prior to signing your name to a service contract with MCH Media.

By using Mission Critical Health services (d/b/a MCH Media), you’re agreeing to these Terms, which will result in a legal agreement between you and MCH Media (“Agreement”). Let us start with the basics, including a few definitions that should help you understand these Terms. MCH Media (“MCH Media,” “we,” or “us”) is a healthcare education content and communications company providing, amoung other services, social media, marketing and advertising. MCH Media supports, facilitates, and manages certain marketing campaigns, including, without limitation, social media and email campaigns, marketing, advertisements, Website page development, and terrestrial advertising strategies (each a “Campaign,” and collectively, “Campaigns”). MCH Media services are promoted via our websites https://www.mch.media and any other website or mobile application owned, operated or controlled by us (we’ll collectively refer to these as the “MCH Site,” and together with our services, the “Service”). MCH Media is a Florida company whose legal name is Capital Media Group Inc d/b/a Mission Critical Health, Mission Critical TV, and MCH Media. MCH Media has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).


These Standard Terms of Use (“Terms") and Privacy Policy define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll collaborate with you while you’re a Member. If you don’t agree to these Terms, you should not sign an agreement with MCH Media or immediately discontinue your use of the Service, a cancellation fee may apply.

Some features of the Service are offered as add-ons to your mutually agreed upon marketing agreement. (“Add-ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”). Members agree to the applicable Additional Terms, TBD, at the time they choose to add the corresponding Add-on. Also note that a Member may have access to unique features of the Service based on their historic relationship with MCH Media or status.


MCH Media uses email, radio, TV, outdoor marketing, Google, facebook, Instagram, Snapchat, Tik Tok, Shopify, Wordpress, Messaging Bots, and YouTube to provide certain features of the Service, and, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such providers and features. Therefore, you acknowledge and agree that by signing up with MCH Media and using the Service, you are also bound by the terms and conditions of each providers including Google Maps/Google Earth Additional Terms of Service and the YouTube Terms of Service including the Google Privacy Policy.


If you have any questions about our Terms, feel free to contact us.


Account

1. Eligibility

In order to use the Service, you must:

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. MCH Media may refuse service, close accounts of any Members, and change eligibility requirements at any time.


2. Term

When you sign up for an account and agree to these Terms, the Agreement between you and MCH Media is formed, and the term of the Agreement (the “Term”) will begin. Agreements are typically 24 months minimum. The Term expires upon completion of the agreement but may be renewed in writting by either parties or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.


3. Closing Your Account

You or MCH Media may terminate the Agreement at any time and for any reason by giving notice to the other party. We may suspend the Service at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment for a 12 or 24 Month Plan or reimburse you for unused Monthly funds. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement. If your account is inactive for 12 or more months, we may terminate your account and you won’t be entitled to a refund for a prepaid month. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaign content.


4. Changes

We may change any of the Terms by posting revised Terms on our MCH Media Site. Unless you terminate your account, the new Terms will be effective immediately to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.


5. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account, the signed agreement, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of MCH Media. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.


Payment

6. Paid Monthly Plans

When you sign up for a paid monthly plan, you are required to select both your projected audience and your package (together, your "Annual" or “Monthly Plan”) based on your anticipated use of the Service. Quoted fees don’t include sales, credit card processing (2.9%) or other transaction-based taxes of any kind. Each Plan offers different pricing and feature options. Once you select your Plan, MCH Media will never automatically upgrade or downgrade your Plan. So, give yourself room to grow if you’ll need it! If you exceed your Plan (either by changing your audience, features, content needs, or email limits), you will incur additional charges for the prior billing cycle based on your current Plan, which will be detailed on your bill and in your agreement. Before paying for your Plan for the first time, you will have an opportunity to preview the additional charges which would apply to your Monthly Plan strategy should you incur them by exceeding your usage limits. If you decide to proceed, and you incur additional charges, you agree to pay them on or before the next Pay Date, as described below. You will always have the option to upgrade at any time. If you upgrade during a billing cycle, you may elect to upgrade your package, your audience size, or both. If you elect to upgrade both, the upgrade amount for the package upgrade is calculated first, and the upgrade amount for the audience upgrade is calculated second. In any event, your monthly charge for that billing cycle will be calculated based on the number of days in that billing cycle during which you were at each of the lower tier and the higher tier (including any applicable additional charges for the higher tier). You will also have the option to downgrade to a lower tier at any time, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higher tier (including any applicable additional charges for the higher tier).


When you sign up for a Plan, you agree to annual recurring billing, starting on the date you sign up. Billing occurs on the same day each year, based on the date that you started your Plan. Payments are due for any year on the same or closest date to the day you made your first annual payment (the “Pay Date”). If any part of a month is included in the Term, then payment is required for the full month. If you exceed your Plan limits, then you’ll have to pay additional charges (as described above) for the prior billing cycle on or before the next Pay Date, even if the Term ends or you downgrade before that payment is otherwise due. Billing for Plans may be paused, and you may choose to close your account permanently at any time. Payments may also be scheduled quarterly or annually.


7. Credit Cards

As long as you’re a Member with a Paid Plan or otherwise have an outstanding balance with us, you’ll provide us with valid credit card (“card”) information and authorize us to deduct your charges against that card. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order, we’ll try to contact you by email and may suspend your account until your payment can be processed.


8. Refunds

We’ll give you a refund for a prepaid year if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.


9. Charges for Add-Ons

If you use an Add-on that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the Add-on is active. Your billing cycle for an Add-on may differ from your billing cycle for your Anual Plan or other features of the Service, and certain Add-ons may require upfront payment for their entire billing cycle.


10. Billing Changes

We may change our fees, including our charges for Plans at any time by posting a new pricing structure to our Site or by sending you a notification by email. Quoted fees don’t include sales, credit card processing (2.9%) or other transaction-based taxes of any kind.


Rights

11. Feedback and Proprietary Rights

We own all proprietary rights to MCH Media Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights to MCH Media. You will respect our proprietary rights in the Service.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including company logos, information and images) that you submit to MCH Media in the course of using the Service or which MCH Media retrieves or accesses at your direction or with your permission (“Content”). You retain ownership of the Content that you provide MCH Media for use during the Service. We may use or disclose your Content (including any company information therein) only as described in the terms of the agreement, these Terms, and our Privacy Policy.


You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as requested or suggested. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.


12. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your Content information and protect your privacy when you use the Service.


13. Right to Review Content and Campaigns

We may view, copy, and internally distribute Content from your Campaign(s) and account to create algorithms and programs (“Tools”) that help us spot poor performing strategies and improve the Service. We use these Tools to study data internally to make the Service smarter and create better experiences for Members and their contacts.


Rules and Abuse

14. General Rules

By agreeing to these Terms, you promise to follow these rules:

    • - You won’t send spam!
    • - You won’t use purchased, rented, or third-party lists of email addresses.
    • - You’ll comply with our third party platform Terms which forms part of these MCH Media Terms.

MCH Media does not allow accounts that promotes or incites harm toward others or that promote discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you utilize a Campaign or otherwise distribute any coomponents of a Campaign that we determine, in our sole discretion, contains either of the following:


We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

If you violate any of these rules, then we may suspend or terminate your account.


15. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided.


16. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, Data Protection Laws, United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or any other applicable laws.


If you collect any personal information pertaining to a minor and store such information, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

If you or the people you distribute or display Campaigns or other Content to through the Service are subject to Data Protection Laws, you agree, represent and warrant (as applicable) to MCH Media that:

  1. - You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that (a) satisfies the requirements of applicable data protection laws, (b) describes your use of the Service, and (c) includes a link to MCH Media's Privacy Policy.

In addition, if you are subject to EU Data Protection Law, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section. It’s important to note that this Section is not meant to provide a comprehensive summary of the Export Control Laws that govern MCH Media or the Service.


Liability

17. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.


18. No Warranties

To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.


19. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your Content did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.


20. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).


21. Subpoena Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney, employee, and contractor time spent retrieving the records, preparing documents, and participating in a deposition.


22. Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.


Other Important Stuff

23. Assignments

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.


24. Choice of Law

The State of Florida’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Palm Beach County, Florida, and each party consents to personal jurisdiction in those courts.


25. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, pandemics, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.


26. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.


27. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.


28. Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.


29. Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.


30. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group.


31. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.


32. Notification of Security Incident

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault for such incident.


33. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us.


34. Entire Agreement

These Terms and any Additional Terms you’ve agreed to by signing agreements and adendum to agreements for any Service or Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.


Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

Congratulations! You’ve reached the end.

Thanks for taking the time to learn about MCH Media policies.


Updated as of July 20, 2020.


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