Terms & Conditions

These Terms & Conditions, together with Agreement/Proposal Forms, Online Orders, and these Terms and Conditions (collectively, the "Agreement(s)") govern the terms under which Medical Marketing Guru, Medical Marketing Guru LLC (collectively "Medical Marketing Guru") may manage products, services, and marketing campaigns for the Participant. These Terms & Conditions contains the whole agreement between the parties relating to its subject matter and supersedes any prior agreements, representations, or understandings between the parties unless expressly incorporated by reference in Agreement(s). The order of precedence in which the components of the Agreement(s) shall apply is (unless otherwise stated in the Agreement(s) and highest importance first): (1) the Agreement/Proposal Forms (and, in the event that more than one Form exists, the most recent Form first), (2) these Terms and Conditions and (3) Online Orders.

1. Definitions. Words shall have the meanings given to them in these Terms & Conditions, including without limitation as set out below:
   1. Agreements together with proposal(s), (collectively, "Agreements") means legal and binding contract between Participant and Medical Marketing Guru.
   2. Automatic Renewal means a billing model where the Participant's payment details are charged automatically without the Participant having to take action for any and all services until Termination of Service has been communicated pursuant to (XII).
   3. Payments together with fee, price, rate, charge, bill, invoice, cost, purchase, (collectively, "Payments") means compensation paid for particular acts, services, or products.
   4. Costs of Business together with material costs, postage costs, reseller costs, external costs (collectively, "Costs of Business"), are the necessary expenditures that must be made in order to run a business.
   5. Marketing Materials together with artwork files, content files, website files, data base files, domain names, (collectively, the "Marketing Materials"), means the materials developed for the purpose marketing, advertising or promotion.
   6. Onboarding means work or services have been performed on behalf of the Participant, and the Participant accepts Medical Marketing Guru’s service(s) fully. Onboarding begins 3 days prior to the 1st of any given month, after payment is successfully charged or collected, or within 3 days of signing Agreement(s), or 3 days prior to the 1st of any given month when services have begun Automatic Renewal, or within 3 days of online purchases.
   7. Participant together with any person, partner, signer, collective entity, business, customer, client, debtor, or party (collectively, “Participant"), who takes part in any activity, service or program offered by Medical Marketing Guru.
   8. Signature of Participant means any participant who represents a business at the time of signing including owners, operators, managers, family members of owner, and staff members.
   9. Term means a specified period of time.
2. Payments. Participant agrees to pay Medical Marketing Guru all Payments outlined in Medical Marketing Guru Agreements on or before Effective Date, or Scheduled Release.
3. Promise to Perform. Medical Marketing Guru will accept Payments in full satisfaction of all amounts to be paid by Participant prior to the Effective Date or Scheduled Release, and will commence completion of the work, provided however, that upon Participant’s Default under the Terms & Conditions pursuant to (X), Medical Marketing Guru shall be relieved of all obligations and duties with respect to the completion of the Work or Service on and after the date of such default.
4. Credit Card Authorization. Participant authorizes Medical Marketing Guru to charge any Payments in accordance with the issuing bank cardholder agreement for services or products to any credit card provided by Participant. If Participant’s credit card is declined, Participant will be considered in breach of Agreement(s) and considered in Default as outlined under our Terms & Conditions pursuant to (X).
5. Late Charges. Once any project is completed and ready for release, or services have been rendered, full payment is required. Participant will be informed by email from Medical Marketing Guru about such completion with invoice information attached in a separate email. If payment is not received within sixty (30) days of completion, Participant will be considered in breach of Agreement(s) and considered in Default as outlined under our Terms & Conditions pursuant to (X).
6. Insufficient Funds. If paying with a check, Participant agrees to pay the charge of $25.00 for each check given by Participant to Medical Marketing Guru that is returned to Medical Marketing Guru for lack of sufficient funds. In the event a credit card is denied, Participant agrees to pay a fee of $25.00 per denied transaction subject to enforcement by Medical Marketing Guru.
7. Price Increase. In the event of a price increase of Medical Marketing Guru’s Costs of Business, Participant will be responsible for additional Payments based on such cost increase. Medical Marketing Guru reserves the right to increase any and all marketing services or materials at any point in time to cover the rising Costs of Business operations.
8. Refunds. Refunds for services are not guaranteed under any circumstance. Store Credit may be offered upon approval from the credit manager.
9. Store Credit together with Credit (collectively, "Store Credit") may be extend to Participant based on approval from the credit manager. The maximum allowable Store Credit is $1,000. The maximum Store Credit can be expanded with the approval of the credit manager. Store Credit must be used with Medical Marketing Guru services and cannot be utilized for 3rd party services or Costs of Business including but not limited to pay-per-click budgets or outsourced services. Store Credit with Medical Marketing Guru is non-refundable, cannot be refunded in cash, cannot be transferred, and must be allocated for services or used within 12 months upon receipt.
10. Default. If any payment required under the terms of Medical Marketing Guru Agreement(s) is not paid by Participant within thirty (30) days of the due date thereof as set forth herein (“Default”), Medical Marketing Guru shall provide written notice of the same to Participant upon such Default (“Default Notice”), which Default Notice shall include a written demand for payment by Participant of both all outstanding Payment amounts, interest thereon at the rate of twenty-one percent (21.0%) per annum, and a late payment charge of one hundred fifty dollars ($150.00) within five (5) days. If Participant receives any Default Notice and fails to cure such Default under the terms of this Agreement within five (5) days of Participant’s receipt of the same, Medical Marketing Guru shall have the right to file suit, against Participant for the full amount of the Debt then remaining, together with all accrued costs, pre- and post-judgment interest, and reasonable attorney’s fees (“Default Remedy”). Notwithstanding anything herein to the contrary, Medical Marketing Guru may exercise any and all remedies available to it at law and in equity in the enforcement of Participant obligations and duties hereunder, and client shall be liable for both the payment of the Debt and any Default jointly and severally.
11. Term.
    1. Initial Term. The initial term of Medical Marketing Guru’s Agreement(s) will begin on Effective Date or when Onboarding begins and continues for indicated [Term Month(s)] after Onboarding has begun unless terminated under Terms & Conditions pursuant to (XII) prior to Onboarding. Medical Marketing Guru Agreement(s) will be in full force for entire [Term Month(s)] beginning on Effective Date or when Onboarding begins.
    2. Automatic Renewal. Subject to Election Not to Renew, at the end of each Term Medical Marketing Guru Agreement(s) will automatically renew for the number of [Term Month(s)] outlined within the service or by default monthly unless Termination of Service is communicated under Terms & Conditions pursuant to (XII). Participant authorizes Medical Marketing Guru to charge the Cost of services within the Agreement(s) unlimited cycles to Participant's credit card until services are terminated under Terms & Conditions pursuant to (XII).
    3. Election Not to Renew. Either party may elect not to renew Agreement(s), by providing Termination of Service to the other party at least 3 days' before the end of any Term, or 3 days before Automatic Renewal.
12. Termination of Service. The Participant may cancel services before Onboarding begins and/or before Automatic Renewal pursuant to (XI.2.). No cancellations will be permitted once Onboarding has begun. Except as set forth in this paragraph, early cancellations will result in charging the full Agreement Amount. For any cancellation, Medical Marketing Guru must receive written notification. Written notification must be sent to 13395 Voyager Pkwy Ste 130, Colorado Springs, CO 80921 or by email to info@medicalmarketingguru.com. It is the responsibility of the Participant to ensure communication of any cancellation is received before renewal or before Onboarding begins. Participant will not hold Medical Marketing Guru liable for Harm to Reputation, loss of reputation, loss of data, loss of files, lack of 3rd party account access, negative effects of digital updates, loss of call tracking numbers, immediately after Termination of Service begins.
13. Early Termination of Service. Early cancellations may be granted upon manger approval without charging the full Agreement Amount for services. Participant understands and accepts the responsibility of all Payments outlined by manager with Early Termination of Service.
14. Effective Date. Participant agrees and acknowledges that if the Effective Date is left blank and/or missing, a Fax Cover Letter Date, Fax Timestamped Date, Email Date, Scan Date, or any other date indicator, including dates within software where services began are acceptable Effective Dates.
15. Delay of Effective Date. The Effective Date may be postponed to a later date if items needed to deploy campaign require more than 1 month to acquire. The Effective Date may not be postponed for more than 3 months.
16. Campaign Changes. Any holds, delays, schedule changes, and/or campaign changes may be granted upon manger approval. Participant understands and accepts the responsibility of all Payments outlined by manager with Campaign Changes.
17. Ownership of Marketing Materials. Upon completion of Marketing Materials and full payment is received, Medical Marketing Guru hereby grants Participant full and exclusive ownership rights to Marketing Materials developed during the course of Participants participation. At such time the Participant may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information of the Marketing Materials. Medical Marketing Guru reserves the right to maintain its stamp and/or brand in the footer of any website or landing page created or developed by Medical Marketing Guru, so long as the design and/or code are 50% or greater maintained. Failure to maintain our stamp and/or brand in the footer will result in fines of $5 per day per occurrence. Hosting services, 3rd party software services, referral portals, reporting services, pay per click accounts, and/or website templates, provided by Medical Marketing are excluded from Participant Ownership of Marketing Materials.
18. Intellectual Property Ownership. Medical marketing Guru shall remain the owner of any intellectual property generated within any Pay Per Click account on behalf of the Participant.
19. Harm to Reputation means financial losses, non-quantifiable, such as damages to professional relationships or emotional distress. Medical Marketing Guru promises to provide content, images, data, metadata, or code on websites, social media accounts, and other 3rd party listing services (collectively, "Digital Marketing Content"), that is not vulgar, profane, or inappropriate for use in digital marketing. The nature of 'inappropriate' Digital Marketing Content is such that a reasonable person would understand the materials as inappropriate. The Participant understands and agrees to allow Medical Marketing Guru to create and upload any such Digital Marketing Content without prior approval or communication to social sites, websites, and listing sites. Participant understands that Medical Marketing Guru is not required to divulge, or communicate marketing tactic execution, content updates, data updates, processes, other tactics, or information in any manner that is proprietary to Medical Marketing Guru. However, if the Participant discovers Digital Marketing Content that does not represent, or damages the Reputation of, or offends the Participant in any way as described by the Participant which Digital Marketing Content was provided by Medical Marketing Guru; Medical Marketing Guru promises to delete or modify, as much information which is in its control and has been added by Medical Marketing Guru immediately after written communication from Participant has been received. Provided, however, that upon Participant's Termination of Services under the Terms & Conditions pursuant to (X), Medical Marketing Guru shall be relieved of all obligations and duties with respect to promises to delete or modify information. The Participant will not hold Medical Marketing Guru or its principals responsible for any and all harm, and damages that may occur from such Digital Marketing Content. If Medical Marketing Guru has been added to any account the Participant manages, Medical Marketing Guru promises not to interfere with that Participant's posts, comments, etc. Any changes to Admins/Managers' posts, comments, etc., are the responsibility of the Participant.
20. Release by Client. Participant, together with its respective successors, assigns, affiliates, parents, subsidiaries, directors, members, officers, employees, agents and representatives, releases and discharges Medical Marketing Guru, and its predecessors, successors, insurers, assigns, affiliates, parents, subsidiaries, directors, members, officers, employees, agents and representatives from any and all Claims. Participant agrees and accepts any and all legal obligation concerning any marketing services/materials provided by Medical Marketing Guru as the Participants full responsibility.
21. Governing Law; Forum Selection; Jurisdiction Submission; Fees and Costs. Medical Marketing Guru Agreement(s) shall be construed and enforced in accordance with the laws of the State of Colorado. The District Court of Arapahoe County, Colorado shall have sole and exclusive jurisdiction and venue over all controversies that may arise with respect to the execution and interpretation of, and compliance with, any Medical Marketing Guru Agreement(s), and in executing any Agreement(s), Participant knowingly and voluntarily submits itself to the sole and exclusive jurisdiction of the courts of the State of Colorado for purposes of determining enforcement or interpretation of any Agreement. Should Participant or Medical Marketing Guru institute any action or proceeding to enforce any provision of any Agreement(s), or for damages by reason of any Default or breach of any provision of any Agreement(s), the prevailing Party in any such action or proceeding shall be entitled to all reasonable attorney fees, costs and expenses incurred in connection with such action or proceeding.
22. Interpretation; Integration; Severability. Should any Agreement(s) require judicial interpretation, it is agreed that the court interpreting the same shall not apply a presumption that its terms will be more strictly construed against one Party by reason of the rule of construction that a document is to be construed more strictly against the Party who prepared the same, it being agreed that the Parties have had an opportunity to participate jointly and fully in the preparation of Medical Marketing Guru’s Agreement(s). Medical Marketing Guru’s Agreement(s) contain all of the agreements and understandings between the Parties with respect to the Work and Contracts, supersedes and replaces all prior Contracts between Medical Marketing Guru and Participant, and there are no other written or oral agreements regarding the subject matter hereof. In the event that any condition or covenant contained in Medical Marketing Guru’s Agreement(s) is either deemed to be invalid or void by any court of competent jurisdiction or cannot be performed, the same shall be deemed severable from the remainder of Medical Marketing Guru’s Agreement(s) and shall in no way affect any other covenant or condition herein contained. If such a condition, covenant, or other provision shall be deemed invalid due to scope or breadth, then such provision shall be valid to the extent and scope permitted by law.
23. Recitals and Schedules Incorporated. All Recitals and Exhibits referenced in Medical Marketing Guru’s Agreement(s) are incorporated herein by reference.
24. Successors and Assigns; Amendment. Medical Marketing Guru’s Agreement(s) shall be binding upon the Parties and each of their respective successors and permitted assigns. Medical Marketing Guru’s Agreement(s) may not be amended or modified, except in writing signed by all Parties to any Agreement(s). If Participant breaches any Agreement, it is agreed that the parties will liquidate damages in favor of Medical Marketing Guru’s in the amount of $5,000.00.
25. Counterparts. Medical Marketing Guru’s Agreement(s) may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Medical Marketing Guru’s Agreement(s) may also be executed via facsimile or electronically-transmitted signatures. In the event a Participant Signature is missing via facsimile or electronically-transmitted; by act of sending Medical Marketing Guru’s Agreement(s), Participant understands and agrees that such action is equivalent to signing Participant Signature and hereafter referred to as "Virtual-Signature". The Participant agrees that Participant's Virtual-Signature is the legal equivalent of Participant’s manual signature on any Agreement(s). By act of sending any Agreement(s) via facsimile or electronically-transmitted, Participant consents to be legally bound by the Agreement(s) and Terms (https://medicalmarketingguru.com/terms). Participant also agrees that no certification authority or other third-party verification is necessary to validate Participant's Virtual-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your Virtual-Signature between Participant and Medical Marketing Guru.
26. Warranty of Authority. Each Party who executes Medical Marketing Guru’s Agreement(s) warrants and represents to the other Party hereto that he or she has the authority to do so and thereby bind the respective Party to any Agreement(s), along with all respective heirs, personal representatives, successors, and assigns, and agrees to indemnify and hold harmless all other Parties from any claim that such authority did not exist. Each Party is executing any Agreement(S) solely in reliance upon its own knowledge and judgment, and not upon any representations, except as expressly stated herein, by any other Party, or anyone acting on any other Party’s behalf.
27. Cooperation of the Parties. Each of the Parties shall execute and deliver any and all additional papers, documents, and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their respective obligations hereunder, and to carry out the intent Medical Marketing Guru’s Agreement(s). In the event that it becomes necessary to prepare and execute any additional documents in order to effectuate the purposes of Medical Marketing Guru’s Agreement(s), the Parties hereto agree to do so within ten (10) business days of the written request for such.
28. Electronic Communication. You, the Participant, acknowledge that use of Medical Marketing Guru’s website, phone number(s), and/or email address(s), you, the Participant, agree and authorize Medical Marketing Guru LLC electronic communication by phone, email address, website portal, video conferencing, SMS text, and/or other electronic communication. Any person(s), or Participant(s) further understand that if Participant does not want electronic communication to be permitted between Medical Marketing Guru and Participant, Participant has the right to revoke this authorization, in writing or "unsubscribe" links that may be present, at any time. You acknowledge that you have read and fully understand the risks described below. Participant understand and accept the risks outlined. Participant acknowledges and understands that despite recommendations that encryption software be used as a security mechanism for electronic communications, it is possible that communications with Medical Marketing Guru using electronic communication may not be encrypted. Despite this, the Participant agrees to communicate with Medical Marketing Guru using electronic communication with a full understanding of the risks. Participant acknowledge that either Participant or Medical Marketing Guru may, at any time, withdraw the option of communicating electronically providing written notice.
    1. Electronic Communication Risks, Limitations, Conditions.
       1. Email, text messages, and instant messages can more easily be misdirected, resulting in an increased risk of being received by unintended and unknown recipients.
       2. Email, text messages, and instant messages can be easier to falsify than handwritten or signed hard copies. It is not feasible to verify the true identity of the sender or to ensure that only the recipient can read the message once it has been sent.
       3. Take precautions to preserve the confidentiality of electronic communications, such as using screen savers and safeguarding computer passwords.
       4. Electronic communication is not an appropriate substitute for in-person or over-the-telephone communication.

By signing any Agreement(s) pursuant to (XXV) Terms & Conditions, provided by Medical Marketing Guru, Participant accepts and understands all Terms & Conditions herein outlined. This authorization is to remain in full force and effect until Medical Marketing Guru has received written notification from Participant of its Termination of Services.