Terms of Service

These Terms of Service ("Terms") govern your access to and use of the MedixStaff website, forms, scheduling tools, and any related service (collectively, the "Service"), provided by MedixStaff ("MedixStaff," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

The Service is intended solely for adult business decision-makers (practice owners, office managers, and other authorized representatives) of medical, dental, chiropractic, physical therapy, veterinary, and other healthcare clinics. By submitting information, you represent that you are at least 18 years old and authorized to act on behalf of the practice you identify.

2. Description of the Service

The Service is a marketing and intake tool that allows prospective clients to learn about MedixStaff's virtual medical staffing offering, qualify their practice, and schedule a consultation. The Service does not itself constitute the engagement of staffing services. Any actual staffing engagement is governed by a separate written services agreement.

3. Accuracy of Information

You agree to provide accurate, current, and complete information through any form on the Service. You are responsible for the accuracy of information you submit. Submitting false or misleading information may result in disqualification from our service and potential legal action.

4. Communications Consent

By submitting your phone number or email, you authorize MedixStaff and its agents to contact you by phone, text message, or email regarding your inquiry, qualification, scheduling, onboarding, and ongoing servicing, including via automated systems. Standard message and data rates may apply. You can opt out of texts at any time by replying STOP. See our SMS Terms for additional details.

5. Intellectual Property

All content on the Service, including text, graphics, logos, marks, copy, trade dress, software, and design elements, is owned or licensed by MedixStaff and protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, scrape, or create derivative works without prior written permission.

6. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful, fraudulent, or harmful purpose.
• Attempt to gain unauthorized access to the Service, our systems, or other users' data.
• Interfere with or disrupt the Service, including using bots, scrapers, or automated tools to extract data.
• Submit on behalf of another person without their consent.
• Submit Protected Health Information (PHI) through these forms (the Service is not designed to receive PHI; submit only the information requested).

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIXSTAFF DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MEDIXSTAFF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

9. Indemnification

You agree to indemnify, defend, and hold harmless MedixStaff and its officers, directors, employees, agents, affiliates, and licensors from and against any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any law or third-party right; or (d) information you submitted through the Service.

10. Modifications

We reserve the right to modify these Terms at any time. Changes are effective when posted. Continued use of the Service after changes constitutes acceptance.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause and without notice. Sections 5 (IP), 7 (Disclaimer), 8 (Liability), 9 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution) survive termination.

12. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute that is not subject to arbitration under Section 13 will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and the parties consent to the personal jurisdiction of those courts.

13. Dispute Resolution; Arbitration; Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration will take place in Miami, Florida. The arbitrator's award is final and enforceable in any court of competent jurisdiction.

YOU AND MEDIXSTAFF EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Disputes will be brought in your individual capacity only.

14. Entire Agreement; Severability

These Terms, together with the Privacy Policy and SMS Terms, constitute the entire agreement between you and MedixStaff regarding the Service and supersede any prior agreements. If any provision is held invalid or unenforceable, the remaining provisions remain in full effect.

15. Contact

Questions about these Terms: support@medixstaff.com · (786) 891-0414.