TERMS OF USE

Last updated: October 27, 2021

Agreement to Terms

These terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MiraVista, LLC (“we”, “us”, “MiraVista”, or “MV”) concerning your access to and use of content and services acquired through our website. Content and services include, without limitation, websites, webinars, recordings, courses, meetings, publications, other content we create or compile, and services we provide related to content purchased (“Content”).

You agree that by accessing or using our Content, you have read, understood, and agree to be bound by all of these terms. If you do not agree with these terms, you are expressly prohibited from using our Content.

We reserve the right, at our sole discretion, to make changes or modifications to these terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these terms, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable terms every time you access our Content so that you understand which terms apply. You are subject to, and will be deemed to have accepted, the changes in any revised terms by your continued use of our Content after the date such terms are posted or otherwise provided to you.

Intellectual Property Rights

MiraVista reserves all copyrights and trademarks for Content. If you would like to use our content for purposes other than those specified in these terms, please contact us at info@miravistallc.com.

Specific Product and Subscription Terms

Purchase of or subscription to Content grants a license, not a transfer of title. Under the acquired license, you may not:

    1. Modify or copy the MV Content.
    2. Distribute or use the MV Content for any public display (without MiraVista’s explicit written permission).
    3. Attempt to decompile or reverse engineer any software used to produce MV Content or utilized on its websites.
    4. Remove any copyright or other proprietary notations from MV Content.
    5. Transfer MV Content to another person or ‘mirror’ the materials on any other server.

Live Webinars

Live webinars include a single conference seat to the live event listed on your purchase receipt. Please limit distinct logins to one per paid registration.

Because we include a digital recording with all webinar registrations, we do not issue refunds for inability or failure to attend. Don’t worry if you cannot make a live event, the recording includes the entire event, handouts, and the Q&A session at the conclusion.

Digital Media

Digital recordings, training courses, publications, and all other downloadable files include a single copy of the digital file. Access to streaming video is limited to the subscriber, or where applicable, all individuals listed as authorized users as part of the subscription or purchase.

(K)notes Prime

Annual subscriptions to (K)notes include:

    1. One live webinar conference seat to the next six consecutive, bi-monthly (K)notes-branded webinars hosted after the subscription date, each with an interactive Q&A session.
    2. Streaming access to the digital recording of each of the six webinars presented within the annual subscription period.

(K)notes Plus Monthly Subscription

(K)notes Plus subscriptions include:

    1. (K)notekeeper access for two designated individuals.
    2. Access to the MiraVista Content Library for up to three additional individuals.

(K)notekeeper access includes:

    1. One live webinar conference seat to all virtual events hosted exclusively by MiraVista in a month during which you maintain an active (K)notes Plus subscription. Events jointly produced with third-parties are excluded.
    2. Streaming access to digital recordings of webinars for which live access is includable in your (K)notekeeper access.
    3. Content produced exclusively for (K)notes Plus subscribers.
    4. Direct email and telephone consultation with MiraVista consultants at no additional charge (see details below).

MiraVista provides standard consults to (K)notes Plus subscribers at no additional charge. (K)notekeepers designated in your (K)notes Plus subscriber account may initiate an email or telephone consult by sending an email to info@miravistallc.com from an authorized email address or domain.

The following are not included in the (K)notes Plus subscription:

    • Consults requiring review of client-prepared documents or PHI.
    • Work requiring MiraVista to interact with a third-party on your behalf.
    • Preparation of customized training materials.

MiraVista reserves the right to determine if an adequate consultation can be provided through (K)notes Plus no-charge consults. If you require services outside the scope of (K)notes Plus, including those deemed necessary to provide adequate consultation, we will execute a separate agreement covering those services with HIPAA-required business associate agreement provisions, where applicable.

Protected Health Information (“PHI”)

These terms do not contemplate the exchange of protected health information. If such information is necessary for MV to provide services, you agree to refrain from sharing, sending, or exchanging such information until executing with MiraVista a separate Business Associate Agreement as required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Modifications, Revisions, Interruptions, and Errata

Content could include technical, typographical, or photographic errors. MiraVista does not warrant that any Content is accurate, complete, or current.

We reserve the right to change, modify, or remove Content at any time and for any reason at our sole discretion without notice. However, we have no obligation to update any Content. We reserve the right to modify or discontinue all or portions of Content without notice at any time. We will not be liable to you or any third party for any modification, price, change, suspension, or discontinuance of any Content.

Term and Termination

These terms remain in full force and effect while you use Content.

Without limiting any other provision of these terms, MV reserves the right to, in our sole discretion and without notice or liability, deny access to content and services to any person for any reason or for no reason.

Governing Law

These terms are governed by and defined following the laws of the State of South Carolina. You irrevocably consent that the courts of Richland County, South Carolina have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Dispute Resolution

In good faith, both parties agree to resolve any controversy, dispute, or disagreement arising out of or relating to Content related to these terms before commencing any legal action. If such good faith negotiations prove unsuccessful, the parties agree to mediate the controversy and share the costs of mediation. If unable to settle the matter in mediation, the parties agree to binding arbitration conducted in Columbia, South Carolina in accordance with the rules of the American Health Lawyers Association Alternative Dispute Resolution Service, with the judgment or award rendered by the arbitrator entered in a court with competent jurisdiction.

As a condition of these terms, you and MiraVista agree the entire liability, and exclusive remedy, with respect to any service provided is limited to the amount paid for services and neither shall be liable to the other for any other incidental, indirect, punitive, or consequential damages arising out of, or connected in any way, to Content. Nothing in these terms, however, limits or excludes liability that cannot be limited or excluded under applicable law.

Disclaimer

You agree that your use of Content is at your sole risk. Content is provided on an as-is and as-available basis. MiraVista makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties of:

    • Merchantability.
    • Fitness for a particular purpose.
    • Non-infringement of intellectual property or other violation of rights.

Further, MiraVista does not warrant or make any representations concerning the accuracy, likely results, or reliability of – or otherwise relating to the use of – Content, nor does MV warrant, endorse, guarantee, or assume responsibility for any product, service, or website advertised, offered by a third party, or otherwise linked. You should use your best judgement and exercise care when using our content and services.

MiraVista has not reviewed all sites linked to or included in Content and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MiraVista. Use of any such linked website is at the user’s own risk.

Limitations of Liability

You agree that you are responsible for compliance with any applicable federal and local laws.

In no event shall MiraVista or its members, directors, employees, agents, or vendors be liable for any damages (including, without limitation, lost profit, lost revenue, loss of data) arising out of the use or inability to use Content, even if MiraVista or a company authorized representative has been notified verbally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnification

You and MiraVista agree to indemnify and hold harmless the other party from and against all manner of claims, suits, demands, debts, or judgments of every kind whatsoever, at law or in equity, absent a determination of gross negligence, whereby the indemnitee otherwise:

    1. Acted in good faith.
    2. Acted in a manner which he or she reasonably believed to be in, or not opposed to, the best interests of the other.
    3. In the case of a criminal proceeding, had no reasonable cause to believe that the conduct at issue was unlawful.

Miscellaneous

The firm is not affiliated in any way with the Centers for Medicare and Medicaid Services, its agents, or other third-party payers. MiraVista experts are neither clinicians nor attorneys, and you should apply MiraVista’s guidance exclusively based on MiraVista’s overall professional experience which does not bear the weight of clinical or legal expertise.

If any term or condition is determined to be, in whole or in part, illegal, unenforceable, or invalid for any reason, the part shall be stricken without affecting the legality, enforceability, or validity of the remainder of these terms.

Should any inconsistency exist or arise between a provision of these terms and a provision of another exhibit, schedule, or incorporated writing, the provision of these terms shall prevail.

Any stricken or inconsistent provision shall be replaced, with a legal, enforceable, and valid provision as similar in tenor to the stricken or inconsistent provision as legally possible.

You agree these terms will not be construed against us by virtue of having drafted them. You waive all defenses you may have based on the electronic form of these terms and the lack of signing by the parties hereto executing these terms.

Contact Us

In order to resolve a complaint or concern regarding MV’s content or services, please contact us at:

MiraVista, LLC
PO Box 11544
Columbia, South Carolina 29211
(803) 462-9959
info@miravistallc.com