These Terms of Service (these “Terms“) govern your access to and use of the website operated by Medical Licensing, LLC, a Florida limited liability company (“Medical Licensing,” “we,” “us,” or “our”), including www.medicallicensing.com and any related subdomains, applications, and online services we make available (collectively, the “Site”). These Terms apply between Medical Licensing and you, the individual or entity using the Site (“you” or “User”). By accessing or using the Site, submitting any form, or otherwise interacting with the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.
1. Acceptance of Terms; Modifications.
(a) Acceptance. By accessing the Site, submitting any form, creating an account, or otherwise interacting with the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a binding agreement between you and Medical Licensing.
(b) Modifications. We may modify these Terms from time to time by posting an updated version on the Site and revising the Effective Date. Material changes will be reasonably noted. Your continued use of the Site after any modification constitutes acceptance of the modified Terms. You are responsible for reviewing these Terms periodically.
2. Eligibility.
You must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts to use the Site. By using the Site, you represent and warrant that you meet these requirements. The Site is intended for users in the United States; international users access the Site at their own initiative and are responsible for compliance with their local laws.
3. Site and Services Description.
The Site provides information about, and allows users to inquire about and request, Medical Licensing’s professional state medical licensing and credentialing services. The Site itself is not a service relationship. Our actual services (the “Services”) are provided pursuant to a separate written Service Agreement executed between Medical Licensing and the relevant client (an “Engagement“). We reserve the right to modify or discontinue any aspect of the Site, in whole or in part, at any time without notice.
4. No Obligation from Inquiry; These Terms Govern All Interactions; Service Agreement Controls Engagement.
(a) No Obligation from Inquiry. Submission of any form, request for information, communication with our staff, or other interaction with the Site does not by itself obligate Medical Licensing to provide Services to you. A formal service relationship governed by a Service Agreement (an “Engagement“) is created only upon execution of a written Service Agreement between Medical Licensing and the applicable client.
(b) These Terms Govern All Interactions, Including Pre-Engagement Work. Notwithstanding subsection (a), these Terms apply with full force to all interactions with Medical Licensing prior to or in the absence of an executed Service Agreement, including without limitation any preliminary work, communications, intake activities, document collection, NPDB or other verification queries, background checks, account setup, or any other actions undertaken by Medical Licensing in anticipation of or in connection with a potential Engagement (collectively, “Pre-Engagement Activities”). Without limiting the foregoing, the disclaimers, limitations, indemnities, and dispute resolution provisions in these Terms — including Sections 13 (No Reliance on Site Content), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 18 (Independent Contractor; No Fiduciary Duty), 20 (Dispute Resolution), and 21 (Class Action and Jury Trial Waivers) — apply equally to any Pre-Engagement Activities that Medical Licensing may perform.
(c) Service Agreement Controls Once Signed. Once a Service Agreement is signed, the Services and the relationship between the relevant client and Medical Licensing are governed by the executed Service Agreement. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement controls with respect to the Services covered. These Terms continue to govern your use of the Site even after a Service Agreement is signed.
(d) These Terms Govern in the Absence of a Service Agreement. If Medical Licensing performs any Services or Pre-Engagement Activities for or on your behalf without a written Service Agreement having been executed, these Terms — including all disclaimers, limitations of liability, indemnities, payment terms, refund policy, dispute resolution provisions, and other terms herein — shall constitute the entire and binding agreement between you and Medical Licensing governing such Services and Activities, and shall apply with full force to any related disputes. By accepting Services from Medical Licensing or paying any Fees to Medical Licensing without executing a separate written Service Agreement, you affirm your agreement to these Terms as the governing agreement for that relationship.
5. Account, Authorizations, and User Representations.
(a) Registration. Some areas of the Site require registration. When registering, you agree to provide accurate, complete, and current information (“Registration Data“) and to maintain and update it as needed. You represent and warrant that all Registration Data you provide is true and complete.
(b) Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to: (i) not share login credentials; (ii) enable multi-factor authentication where offered; (iii) notify us immediately of any actual or suspected unauthorized access; and (iv) ensure that your devices are protected against malware. Medical Licensing personnel will never ask for your password.
(c) Authorization to Act on Your Behalf. By creating an account, submitting a form, paying any Fees, or accepting Services from Medical Licensing, you authorize Medical Licensing, and any subcontractor or third-party vendor engaged by Medical Licensing, to: (i) obtain your professional history, education verifications, license history, examination scores, employment history, references, and criminal background information from third parties (including the National Practitioner Data Bank, Federation of State Medical Boards, AOA/AMA, FCVS, and similar organizations); (ii) prepare credentialing documents on your behalf based on information you supply; and (iii) communicate with Licensing Boards, credentialing bodies, and verifiers in furtherance of any Services or Pre-Engagement Activities. You acknowledge that information obtained through these inquiries may be used by Licensing Boards in evaluating your application.
(d) Accuracy and Truthfulness of Information. You represent and warrant that all information you provide to Medical Licensing — including Registration Data and any information provided in connection with any Services or Pre-Engagement Activities — is true, accurate, complete, and current, and that you will promptly notify Medical Licensing of any change. Medical Licensing relies on the information you provide without independent verification, and you are solely responsible for any consequences (including denial of any application, sanctions, or fines) resulting from inaccurate, incomplete, or false information you provide.
(e) Your Responsibility for Own Acts. Without limiting Section 17 (Indemnification), you shall be responsible for, and shall reimburse Medical Licensing for, any third-party claims, fines, sanctions, or expenses (including reasonable attorneys’ fees) suffered by Medical Licensing arising from: (i) any inaccurate, incomplete, or false information you supplied; (ii) your professional misconduct, malpractice, or violation of law; or (iii) any unauthorized access to your account or credentials caused by your failure to safeguard them.
6. Communications Consent.
By providing your contact information through the Site (including phone number, email address, or other identifiers), you consent to receive communications from Medical Licensing related to your inquiries and our Services, including via email, telephone calls, and text messages (SMS) — including via auto-dialed, automated, or pre-recorded methods. Message and data rates may apply. You may opt out of marketing communications by replying STOP to a text message, clicking unsubscribe in an email, or contacting us directly. Your obligation to receive transactional or Service-related notices is unaffected by any opt-out.
7. Payment, Fees, and Refunds.
(a) Fees. Some Services require payment of fees (“Service Fees”) as set forth in the applicable Service Agreement, on the Site, or in an invoice. Service Fees are due upon receipt of invoice unless your Service Agreement specifies otherwise. Late payments may incur late fees as set forth in the applicable Service Agreement or invoice.
(b) Pass-Through Fees. State medical board fees, third-party verification fees, examination fees, background check fees, and similar fees imposed by third parties (“Pass-Through Fees”) are billed separately and are due and payable in full upon receipt of invoice. Pass-Through Fees are paid to and retained by third parties and are not refundable under any circumstances.
(c) Default Refund Policy. If a Service Agreement is in effect, the refund terms of that Service Agreement control. Otherwise, the following default refund policy applies to any Service Fees paid through the Site:
- Pre-Submission: 80% of the Service Fee refunded (Medical Licensing retaining a 20% processing fee).
- Post-Submission, Pre-Verification: 50% of the Service Fee refunded.
- Verification Initiated or Later: No refund of Service Fees available.
- No refund is available more than ninety (90) days after commencement of the Services.
- No refund is available on account of denial of any application by a Licensing Board or other regulatory authority.
- No refund of Pass-Through Fees, regardless of stage.
(d) Credit Card and Payment Method Authorization. By providing payment information to Medical Licensing (whether through the Site, by invoice, or otherwise), you authorize Medical Licensing to charge any payment method you provide for Service Fees, Pass-Through Fees, late fees, rush surcharges, and any other amounts owed under these Terms.
(e) Rush and Late-Notice Services. Renewal Services typically require at least sixty (60) days of advance notice before a license expiration date. Any renewal request submitted to Medical Licensing with less than sixty (60) days remaining before expiration is a “Rush Request” and is subject to a rush surcharge in addition to the Service Fee, in Medical Licensing’s sole discretion (typically scaling with urgency, up to 100% surcharge for requests with seven (7) or fewer days remaining). Rush Fees are due and payable in full before Medical Licensing commences work, and Medical Licensing may decline any Rush Request in its sole discretion. For any Rush Request, you shall promptly provide all required information and shall complete (or have already completed) any required continuing medical education (CME), continuing education units (CEU), background checks, fingerprinting, drug screening, or other prerequisites. Medical Licensing is not liable for any license expiration, lapse, late renewal, denial, or any resulting damages (including lost wages, lost income, lost employment opportunities, suspension of practice, or board sanctions) arising from any User’s late engagement, incomplete prerequisites, late payment, or any delay caused by Licensing Boards, verifiers, or other third parties. All disclaimers and limitations elsewhere in these Terms apply with full force to all Rush Requests.
8. User Conduct and Prohibited Activities.
You agree to use the Site only for lawful purposes. You shall not, and shall not permit any third party to:
- violate any applicable law, regulation, or contractual obligation;
- post or transmit content that is unlawful, threatening, abusive, harassing, defamatory, fraudulent, invasive of privacy, obscene, or that infringes any third party’s rights;
- impersonate any person or entity, including any Medical Licensing employee or representative;
- engage in unauthorized advertising, spam, chain letters, lottery, gambling, or other unauthorized solicitation;
- upload viruses, malware, or any code intended to disrupt, damage, or interfere with the Site, any servers, or any computer system;
- attempt to gain unauthorized access to any portion of the Site, any account, or any system;
- use the Site to harvest, scrape, or collect information about other users;
- reverse engineer, decompile, or attempt to derive source code of any software made available through the Site; or
- interfere with any other user’s access to or use of the Site.
We reserve the right, in our sole discretion, to terminate access for any User who violates these provisions and to refer suspected unlawful activity to law enforcement.
9. Intellectual Property.
(a) Our Intellectual Property. All content, features, and functionality of the Site — including text, graphics, logos, icons, images, audio, video, software, processes, methodologies, workflows, templates, and the design and “look and feel” of the Site (collectively, “Site Content“) — are owned by Medical Licensing or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws. You may not copy, reproduce, modify, republish, distribute, transmit, display, sell, or create derivative works from any Site Content without our prior written permission.
(b) Trademarks. “Medical Licensing,” our logo, and any other product or service names, slogans, or designs used on the Site are trademarks of Medical Licensing or its affiliates. You are not granted any right to use these marks.
(c) Limited License. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for the purpose of inquiring about and engaging our Services, subject to these Terms.
10. User Submissions.
(a) Submissions. Any communication, content, idea, suggestion, feedback, or other material you submit to the Site or to us (other than Personal Information governed by our Privacy Policy and other than information covered by an executed Service Agreement) (collectively, “Submissions“) will be treated as non-confidential and non-proprietary. You retain ownership of your Submissions but grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, copy, modify, display, distribute, and create derivative works from your Submissions for any lawful purpose.
(b) Representations. You represent and warrant that you have all necessary rights to make any Submission and that your Submissions do not violate any third party’s rights or any law.
Privacy Policy; HIPAA Disclaimer.
(a) Privacy Policy. Your use of the Site is governed by our Privacy Policy, which describes what information we collect, how we use it, and your rights regarding your information. The Privacy Policy is incorporated by reference into these Terms.
(b) HIPAA Disclaimer. Medical Licensing performs administrative licensing and credentialing services only and does not provide healthcare services. Medical Licensing does not collect, create, receive, maintain, or transmit Protected Health Information (PHI) on behalf of any User, is not a Business Associate under the Health Insurance Portability and Accountability Act (“HIPAA”), and shall not enter into a Business Associate Agreement in connection with these Terms. If you transmit PHI to Medical Licensing, such transmission is unauthorized and at your sole risk, and you shall be solely responsible for any resulting Losses.
12. Third-Party Sites and Content.
The Site may contain links to third-party websites or display content from third parties. We do not control, endorse, or assume responsibility for any third-party sites or content, including their accuracy, copyright compliance, legality, or any other aspect. Your interactions with any third-party site or third party are solely between you and that third party. Inclusion of any link or reference does not imply endorsement.
13. No Reliance on Site Content.
(a) Informational Only. All Site Content — including descriptions of Services, timelines, processing speeds, success rates, fees, pricing, board policies, regulatory information, blog posts, FAQs, and any other statements — is provided for general informational purposes only.
(b) No Warranty or Commitment. No statement on the Site, in marketing materials, in pre-engagement communications, or by any Medical Licensing employee or representative shall be deemed a warranty, guarantee, contractual commitment, or representation upon which you may rely. Specifically, no representation regarding timeline, processing speed, likelihood of approval, or any other outcome of any licensure or credentialing process shall be deemed a commitment by Medical Licensing. The actual scope, terms, and outcome of Services are governed exclusively by the executed Service Agreement.
(c) No Reliance for Employment Decisions. You acknowledge that licensing timelines are controlled by Licensing Boards and third-party verifiers and are subject to factors outside our control. You shall not rely on any timeline information from the Site or pre-engagement communications in making employment, relocation, financial, or other commitments.
(d) No Professional Advice. Site Content is not legal, tax, financial, regulatory, or professional advice and should not be relied upon as a substitute for advice from a qualified professional.
14. DMCA Copyright Notices.
We respect the intellectual property of others. If you believe content on the Site infringes your copyright, please send a written notification to our Designated Agent in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512(c)):
- Medical Licensing, LLC
- Designated Agent for DMCA Notices
- 2450 Hollywood Blvd, Suite 503
- Hollywood, FL 33020
- Email: [email protected]
To be effective, your notification must include: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and information sufficient to locate it; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement under penalty of perjury that the information is accurate. We may disable or remove infringing content and terminate accounts of repeat infringers.
15. Disclaimer of Warranties.
THE SITE AND ALL SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDICAL LICENSING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT (a) THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (b) ANY DEFECTS WILL BE CORRECTED; (c) THE SITE OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; (d) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS; OR (e) ANY INFORMATION OR CONTENT IS ACCURATE, COMPLETE, OR RELIABLE.
MEDICAL LICENSING MAKES NO GUARANTEE OF TIMELINE, OUTCOME, OR APPROVAL WITH RESPECT TO ANY APPLICATION, LICENSURE, REGISTRATION, OR CREDENTIALING PROCESS DESCRIBED ON THE SITE OR CONTEMPLATED BY ANY INQUIRY OR ENGAGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE THE LIMITATIONS ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Limitation of Liability.
(a) Exclusion of Damages. IN NO EVENT SHALL MEDICAL LICENSING, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUES, LOST WAGES, LOST INCOME, LOST EMPLOYMENT OR BUSINESS OPPORTUNITIES, LOST SIGN-ON BONUSES, LOST CONTRACT VALUE, RELOCATION EXPENSES, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, BREACH OF WARRANTY, STATUTE, REGULATORY VIOLATION, WILLFUL MISCONDUCT, OR OTHERWISE), AND EVEN IF MEDICAL LICENSING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Aggregate Cap. THE TOTAL CUMULATIVE LIABILITY OF MEDICAL LICENSING AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY SERVICES SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT OF SERVICE FEES YOU HAVE PAID TO MEDICAL LICENSING IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (EXCLUDING ANY PASS-THROUGH FEES), OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00).
(c) Application. THE LIMITATIONS IN THIS SECTION 16 ARE A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. The limitations in this Section 16 apply equally to any Pre-Engagement Activities (as defined in Section 4) that Medical Licensing performs prior to or in the absence of an executed Service Agreement. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE THE LIMITATIONS ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Indemnification.
You agree to indemnify, defend, and hold harmless Medical Licensing, its affiliates, and their respective officers, directors, members, employees, agents, and subcontractors from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Site; (b) your violation of these Terms or any applicable law; (c) your Submissions or any content you provide; (d) your violation of any third party’s rights, including intellectual property or privacy rights; (e) any unauthorized use of your account credentials; or (f) any false, inaccurate, or misleading information you provide. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defense.
18. Independent Contractor;
No Fiduciary Duty. Medical Licensing operates as an independent contractor. Nothing in these Terms or on the Site creates a partnership, joint venture, employer-employee relationship, agency, or fiduciary relationship between Medical Licensing and you. Neither party owes any fiduciary duty to the other under these Terms, whether express or implied.
19. Termination.
We may, in our sole discretion, terminate or suspend your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation breach of these Terms, suspected fraud, or unlawful activity. Upon termination, your right to use the Site immediately ceases. Sections that by their nature are intended to survive — including Sections 9 (Intellectual Property), 10 (User Submissions), 13 (No Reliance), 14 (DMCA), 15 (Disclaimer), 16 (Limitation of Liability), 17 (Indemnification), 18 (Independent Contractor), 20 (Dispute Resolution), 21 (Class Action and Jury Trial Waivers), 22 (Governing Law), and 23 (General) — shall survive any termination.
20. Dispute Resolution.
(a) Federal Arbitration Act. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 20.
(b) Good-Faith Negotiation. Before initiating any mediation, arbitration, or court proceeding, the parties shall first attempt to resolve any dispute, claim, or controversy arising out of or related to these Terms, the Site, or any pre-engagement communications (a “Dispute”) through good-faith negotiation. The party initiating the Dispute shall provide written notice; within thirty (30) days the parties shall engage in good-faith communications to resolve it.
(c) Mandatory Mediation. If the Dispute is not resolved through negotiation within thirty (30) days, the parties agree, as a condition precedent to arbitration, to submit it to mediation administered by JAMS pursuant to its Comprehensive Mediation Rules and Procedures, conducted in Broward County, Florida. The mediator’s professional fees and administrative costs shall be borne equally by the parties.
(d) Binding Arbitration. If the Dispute is not settled by mediation within one hundred twenty (120) days from the date mediation is initiated, the Dispute shall be finally settled by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, conducted by a single neutral arbitrator in Broward County, Florida. The arbitrator shall apply Florida substantive law. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
(e) Confidentiality of Proceedings. All negotiations, mediations, and arbitrations under this Section 20, and any documents, evidence, testimony, or awards related thereto, shall be confidential and shall not be disclosed except as necessary to enforce these Terms or any award, as required by law, or to professional advisors or insurers under obligations of confidentiality.
(f) Court Actions Permitted. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction located in Broward County, Florida (i) to enforce the intellectual property, confidentiality, or non-disparagement provisions of these Terms where breach threatens immediate and irreparable harm; (ii) to compel arbitration; (iii) to enforce or vacate an arbitral award; or (iv) to support the dispute resolution process.
21. Class Action and Jury Trial Waivers.
(a) Class Action Waiver. ALL DISPUTES SHALL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to consolidate the claims of more than one party or to adjudicate any form of class, collective, or representative proceeding. If this subsection is found unenforceable as to a particular claim, that claim shall be severed from arbitration and litigated in court in accordance with Section 20(f), but the remainder of Section 20 and this subsection shall remain in effect for all other claims.
(b) Jury Trial Waiver. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS THAT IS PERMITTED TO BE BROUGHT IN COURT UNDER SECTION 20(f), REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE). EACH PARTY ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL AND THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THESE TERMS.
22. Governing Law and Venue.
These Terms and any matter arising out of or relating to these Terms or the Site are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 20 (Dispute Resolution), each party irrevocably submits to the exclusive jurisdiction and venue of the state and federal courts located in Broward County, Florida for any action permitted to be brought in court under Section 20(f), and waives any objection based on inconvenient forum.
23. General Provisions.
(a) Notices. Notices to Medical Licensing must be sent in writing to: Medical Licensing, LLC, 2450 Hollywood Blvd, Suite 503, Hollywood, FL 33020, or by email to [email protected]. Notices to you may be sent to the email address or postal address you provide. Notices are deemed delivered (i) on receipt if delivered personally or by overnight courier; (ii) on the date of transmission if sent by email with confirmation of delivery; or (iii) three (3) business days after deposit if sent by certified or registered mail.
(b) Statute of Limitations. Any claim arising out of or related to these Terms or the Site must be brought within one (1) year after the cause of action arises, or it is permanently barred, to the maximum extent permitted by law.
(c) Attorneys’ Fees. In any action, proceeding, mediation, or arbitration arising out of or related to these Terms, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorneys’ fees, costs, and expenses, including without limitation expert witness fees, court costs, and costs of appeal.
(d) Force Majeure. Medical Licensing shall not be liable for any failure or delay in performance under these Terms caused by events beyond its reasonable control, including without limitation acts of God, natural disasters, pandemic or epidemic, governmental actions (including shutdowns of Licensing Boards or credentialing bodies), labor disturbances, war, terrorism, civil unrest, internet or utility outages, cyber attacks, ransomware, or third-party platform failures.
(e) Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified or interpreted to give effect to the parties’ intent to the maximum extent permitted by law.
(f) Waiver. No failure or delay by either party in enforcing any right under these Terms shall constitute a waiver of that right. No waiver shall be effective unless made in writing and signed by the waiving party.
(g) Assignment. You may not assign these Terms or any rights or obligations under them without our prior written consent, and any purported assignment in violation of this provision shall be null and void. Medical Licensing may assign these Terms or any rights or obligations under them in its sole discretion.
(h) Entire Agreement. These Terms (together with the Privacy Policy and any executed Service Agreement governing applicable Services) constitute the entire agreement between you and Medical Licensing regarding the Site and supersede all prior agreements, communications, and understandings, whether oral or written. In the event of any conflict between these Terms and an executed Service Agreement, the Service Agreement controls with respect to the Services covered by it.
(i) No Modification by Agents. These Terms may be modified only by an updated version posted on the Site by an authorized officer of Medical Licensing. No employee, agent, contractor, or representative of Medical Licensing — other than an authorized officer in writing — has authority to modify, waive, or supplement these Terms, and no statement, email, representation, or other communication (including any timeline estimate, expected duration, or assurance regarding processing speed) by any other person shall give rise to a claim of waiver, equitable estoppel, course of dealing, or modification.
(j) Electronic Signatures and Records. You consent to the use of electronic records and signatures in connection with these Terms, your account, and any related communications. Electronic signatures shall have the same legal effect as handwritten signatures pursuant to the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Florida Electronic Signature Act (F.S. § 668.001 et seq.).
(k) Export Controls and International Use. The Site is operated from the United States. We make no representation that the Site is appropriate or available for use outside the United States. The Site and any software available through it are subject to U.S. export control laws; you may not access or use the Site if you are located in any U.S.-embargoed country or are on any U.S. government list of restricted parties.
(l) Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
24. Contact Information.
For questions about these Terms or to provide notice to Medical Licensing:
- Medical Licensing, LLC
- 2450 Hollywood Blvd, Suite 503
- Hollywood, FL 33020
- Email: [email protected]
- Phone: (800) 849-2168