MBI Medico: Medical Practice Brokers Serving MD's, DO's, DPM's, OD's, PT's & DC's
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Last Updated: 10/4/2023
Welcome to MBI Medico Business Intermediaries (“MBI,” “we,” “us,” or “our”). By accessing or using our platform, you (“Client,” “User,” “Seller,” “Buyer”) agree to comply with and be bound by the following Terms and Conditions (“Terms”). Please read these Terms carefully before using the MBI platform. MBI Medico Business Intermediaries is a service aggregator that connects clients, users, sellers, and buyers with independent business intermediaries (Service Platform). All services provided by MBI Medico shall be referred to as Service Platform, Platform). We provide a centralized platform that facilitates communication, scheduling, marketing, advertising, and payment coordination between parties. However, MBI does not directly provide business intermediary services, nor are we involved in any transactions between service providers (Independent Brokers) and clients. All service providers listed on the platform operate independently and are not employees or agents of MBI. By accessing or using the MBI platform, you agree to be bound by these Terms, as well as any applicable laws and regulations. If you do not agree with these Terms, you should not use our platform. MBI acts solely as an intermediary to facilitate connections between clients, users, sellers, buyers, and independent business intermediaries. The services we offer include but are not limited to: Centralized access to a network of independent business intermediaries specializing in the sale and acquisition of medical practices; Facilitating communication, scheduling, advertising, marketing, payments, and service coordination, providing a platform where clients, users, sellers, and buyers can view and choose from various service providers. MBI is not responsible for the actual services provided by the independent intermediaries, including but not limited to advice, brokerage services, or final transactions. Dispute Resolution and Indemnification: In the event of any dispute regarding services rendered, payments, or any other issues between the client and the assigned independent broker, MBI Medico shall not be involved. All disputes must be addressed directly between the client and the assigned broker. The client agrees to indemnify and hold MBI Medico harmless from any and all claims, disputes, or liabilities arising from interactions, agreements, or transactions between the client and the independent broker. Acknowledgment of Terms and Policies: By accepting this invoice and making payments, the client acknowledges and agrees to the following: The client has read, understands, and accepts MBI Medico's Privacy Policy and Terms and Conditions; The client agrees that this transaction is subject to the terms outlined in the Service Agreement (Broker/Client), which will be drafted and sent by the assigned independent broker. The Service Agreement will outline the specific terms and conditions of services to be provided by the independent broker; By paying an invoice via the MBI Medico centralized platform, the client confirms they have read and understands all terms and conditions set forth by MBI Medico across all platforms of MBI Medico, and agrees to abide by them. The client agrees and certifies that once they have initiated payment for a service, they certify that they fully understand the details of the service they wish to purchase.
Sharing of Personal and Business Information with Third Parties. Clients and users understand and agree that, in connection with facilitating a medical practice sale or other business transactions, MBI Medico may share personal or business information with third parties as necessary. These third parties may include, but are not limited to, lenders, banks, attorneys, accountants, sellers, buyers, real estate agents, and other business brokers involved in the transaction process. By using our service and platform, clients and users consent to the sharing of their information with these third parties for the purpose of facilitating the transaction, including communication, financial arrangements, due diligence, and other activities necessary to complete the sale or business transaction. MBI Medico will take reasonable measures to ensure that any third parties receiving personal or business information comply with applicable privacy laws and safeguard the information appropriately. However, once your data is shared with these third parties, the privacy practices of those parties will apply, and MBI Medico is not responsible for their use or protection of the shared information. Limitation of Services. MBI Medico Business Intermediaries does not provide valuation or broker services. Additionally, MBI does not offer legal, accounting, real estate, financial, or financing advice. The services provided by MBI are limited to facilitating connections, payments, communication between clients, users, sellers, buyers, and independent business intermediaries. All transactions, agreements, and services related to business valuation, brokerage, legal, accounting, real estate, financial, or financing matters must be handled directly by qualified professionals in those fields. All users and clients understand and agree to utilize the MBI Medico internal marketing platform as recommended by each broker. MBI Medico will not alter the internal marketing plan for clients and users. Brokers use an internal proprietary marketing system, and clients and users cannot change, request to change, or attempt to alter this system in any way. Collection of Fees and Deposits MBI Medico does not provide refunds for service fees or deposits. All monies collected by MBI Medico are distributed and managed directly by each independent broker. If a client has a dispute regarding a service fee or a deposit, MBI Medico does not get involved with these disputes. All disputes must be initiated and conducted directly with your independent broker assigned to your transaction. Clients agree to indemnify and hold MBI Medico completely harmless from any and all disputes between themselves and their assigned broker, including, but not limited to, disputes regarding fees, deposits, or services. Fee and deposit invoices may or may not include the MBI Medico logo and contact information.
Each independent broker is permitted to use the MBI Medico logo and company contact information. This does not constitute an employment agreement between the brokers and MBI Medico. Some independent brokers may choose to use their own logos, websites, and contact information in connection with their services. Additionally, each independent broker is responsible for managing their own financing and bank accounts, and MBI Medico is not involved in any financial transactions or account management between brokers and their clients. No Endorsement: MBI Medico may advertise and promote the services of independent business intermediaries to help facilitate connections between service providers and potential clients, users, sellers, and buyers. However, MBI Medico does not endorse, guarantee, or warrant the services provided by any independent intermediary. Advertising on the MBI platform does not imply MBI’s approval or recommendation of a particular intermediary. Advertising and Marketing Services: All clients who are selling their medical practices or require advertising and marketing services acknowledge and agree that the independent brokers work with independent marketers, who also contract with MBI Medico. These independent marketers are not employees of MBI Medico and operate under their own fees and policies. Together, the brokers and marketers collaborate to design and execute advertising and marketing plans, which are then promoted by MBI Medico. Clients understand and agree that they are not permitted to request changes, modifications, or alterations to the internal advertising and marketing platforms promoted on MBI Medico websites or any other platforms associated with MBI Medico. Furthermore, clients agree to fully indemnify and hold MBI Medico harmless from any disputes, claims, or liabilities arising from advertising and marketing efforts conducted by the independent brokers or marketers.
Client and User Responsibilities By using the MBI platform, you agree to: Provide accurate and complete information when creating an account or engaging with service providers. Comply with all applicable laws and regulations in connection with your use of the platform and any transactions with independent business intermediaries. Understand that any contracts, agreements, or arrangements entered into with independent service providers are solely between you and the provider. Release MBI Medico from any claims, disputes, or liability arising from your interactions with the service providers. No Warranty: MBI Medico makes no representations or warranties, express or implied, regarding the platform or the services provided by independent business intermediaries. The platform and all content provided by MBI Medico are made available "as is" without any warranty of any kind. MBI Medico is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the platform or the services provided by independent intermediaries. This includes, but is not limited to, damages resulting from transactions, errors, delays, or service interruptions.
MBI Medico may provide links or referrals to third-party websites or services. We are not responsible for the content, accuracy, or practices of any third-party services or intermediaries.
Confidentiality of Client and User Information: A lead, interested party, prospective seller, or prospective buyer using our service platform shall not be entitled to receive any personal information about other clients or users, unless explicit written consent is obtained from the individual(s) involved or proper agreements are executed. For example, a prospective seller is not entitled to know any information about a lead or prospective buyer unless that lead or prospective buyer grants MBI Medico authorization to do so. Therefore, we have a strict confidentiality policy to protect the privacy and personal information of all users and clients. MBI Medico will only release contact information or personal details with the express permission of the relevant client or user, in compliance with applicable privacy laws and regulations.
Intellectual Property All content on the MBI platform, including but not limited to logos, text, graphics, and software, is the property of MBI Medico or its licensors. You may not use, reproduce, or distribute any content from the platform without our express written permission.
Termination of Access: MBI Medico reserves the right to terminate or suspend your access to the platform at any time, with or without cause, and without prior notice. Termination does not affect any agreements you may have entered into with independent business intermediaries.
Changes to Terms: We may update or modify these Terms at any time. Any changes will be posted on our platform, and it is your responsibility to review the Terms periodically. Your continued use of the platform after any changes constitutes acceptance of the updated Terms.
Governing Law These Terms and your use of the MBI platform are governed by and construed in accordance with the laws of Illinois, without regard to its conflict of law principles. By using the MBI platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Acknowledgment of Terms and Execution of Contracts: All users agree that they have read, understood, and have spoken to the correct individuals about all details of our Terms and Conditions. Users agree to execute formal contracts with their assigned broker. All contract terms, as well as the drafting and execution of these contracts, shall be directly between the assigned broker and the user. MBI Medico shall be completely indemnified from any and all disputes, claims, or liabilities arising from any contract, agreement, or interaction between the user and the assigned broker. MBI Medico is not involved in any contracts or agreements between brokers and users, and any disputes regarding such agreements must be addressed directly between the broker and user.
Privacy Policy MBI Medico is committed to protecting your privacy. By using the platform, you consent to our Privacy Policy, which explains how we collect, use, and safeguard your personal information. Please refer to the Privacy Policy for more details. Force Majeure: MBI Medico will not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, civil disturbances, strikes, or failure of communications or computer systems. Severability: If any provision of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable, reflecting the original intent as closely as possible. Waiver:
No waiver of any term, condition, or provision of these Terms shall be deemed a waiver of any other term, condition, or provision, nor shall any waiver be deemed a continuing waiver. MBI Medico’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of MBI Medico. MBI Medico may assign its rights and obligations at any time, without restriction.
Entire Agreement: These Terms, together with our Privacy Policy and any other documents incorporated herein by reference, constitute the entire agreement between you and MBI Medico regarding your use of the platform and services. Any prior or contemporaneous oral or written agreements or understandings are superseded by this agreement. Dispute Resolution & Arbitration: In the event of any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, or validity thereof, both parties agree to resolve the matter through binding arbitration rather than through court litigation. The arbitration will take place in [choose location, e.g., Chicago, Illinois], and will be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Notwithstanding this, MBI Medico may seek injunctive or other equitable relief in any jurisdiction to prevent unauthorized use of its intellectual property or to protect its rights.
Limitation of Liability To the fullest extent permitted by law, MBI Medico and its affiliates, officers, employees, agents, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, arising from or related to these Terms or your use of the platform, even if MBI Medico has been advised of the possibility of such damages. In no event shall MBI Medico’s total liability exceed the amount you paid, if any, to MBI Medico for access to the platform during the twelve (12) months prior to the claim.
Governing Language These Terms and Conditions have been written in the English language. If these Terms are translated into another language, the English version shall prevail in the event of any conflict or inconsistency between the two versions. Updates and Modifications to Services: MBI Medico reserves the right to modify, suspend, or discontinue, temporarily or permanently, any feature or service provided on the platform with or without notice. You agree that MBI Medico will not be liable to you or any third party for any modification, suspension, or discontinuation of the services or features of the platform.
Acknowledgement of Electronic Transactions By using the MBI platform, you consent to conducting transactions and communications electronically, including receiving notices, agreements, disclosures, and other documents. You acknowledge that you have access to the internet and can receive electronic communications and that you are able to print or save copies of such communications for your records.
Third-Party Links
The MBI platform may contain links to third-party websites or resources. You acknowledge and agree that MBI Medico is not responsible or liable for the availability, accuracy, content, products, services, or privacy practices of these third-party websites or resources. You are encouraged to review the terms and privacy policies of any third-party websites you visit.
Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
MBI Medico Business Intermediaries
Email: mbi@physicianbuysell.com
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