Terms and Conditions

Please read these Terms and Conditions (“Agreement”, “T&C”) carefully before using this website (“Website”) and the services offered herein (“Services”), which are operated by Midtown Occupational Health Services.com, LLC, (“Midtown Occupational Health Services”, “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Services.

Your use of this Website is also governed by the Midtown Occupational Health Services Privacy Policy. By accessing or using the Website or the Services in any manner, including, but not limited to, visiting or browsing the Website or providing information to utilize the Services offered, you unconditionally agree to be bound by these T&C and the Privacy Policy. If you do not agree to be bound, please exit the Website immediately. It is your responsibility to read these T&C and the Privacy Policy before using the Website.

DISCLAIMER OF WARRANTIES

THE USE OF THE WEB SITE, THE CONTENT OR INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED SOLELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIDTOWN OCCUPATIONAL HEALTH SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MIDTOWN OCCUPATIONAL HEALTH SERVICES MAKES NO WARRANTY THAT THE WEBSITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE USING THE WEBSITE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIDTOWN OCCUPATIONAL HEALTH SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:

• THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED BY A COMPUTER VIRUS, SOFTWARE BUG, HUMAN ACTION OR INACTION, MALFUNCTIONS OF ANY HARDWARE, SOFTWARE OR OTHER ELEMENT OF A COMPUTER SYSTEM, ERRORS, FAILURE, MALFUNCTION OR DELAY IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.
• THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS AFFECTED OR FAILED TO BE AFFECTED,
• ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR
• ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE.

Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law.

Miscellaneous

You agree that Midtown Occupational Health Services shall have no liability for the deletion or failure to store any message or communication to other types of content that is transmitted or displayed on the Website. These T&C, including the Privacy Policy by incorporation, constitute the entire Agreement between you and Midtown Occupational Health Services regarding this Website and your use of the Website. Should any competent court of law find that any provision within these T&C be invalid, the invalidity of that particular section shall not have an effect on the remainder of the Agreement, which shall remain in full force and effect. Midtown Occupational Health Services failure to enforce or exercise any right within these T&C shall not constitute a waiver of such right or provision.