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Terms and Conditions of Use1. ACCEPTANCE OF TERMS MedicalNomad, LLC. provides the information and services on the MedicalNomad.com website to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of the MedicalNomad.com website constitutes agreement with such Terms. Before using the MedicalNomad.com website please carefully read this agreement relating to your use of the site. By using the MedicalNomad.com website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the MedicalNomad.com website. MedicalNomad reserves the right, at MedicalNomad's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise. Your continued use of the MedicalNomad.com website following the posting of changes to these Terms will mean that you accept those changes. Use of the MedicalNomad.com website constitutes full acceptance of and agreement to the Terms; if a user does not accept MedicalNomad's Terms, he or she is not granted rights to use the MedicalNomad.com website as defined herein, and should refrain from accessing the MedicalNomad.com website. MedicalNomad reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the MedicalNomad.com website (or any part thereof). MedicalNomad shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein. 2. NO UNLAWFUL OR PROHIBITED USE By using the MedicalNomad.com website, you warrant to MedicalNomad that you will not use the MedicalNomad.com website, or any of the content obtained from MedicalNomad.com, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the MedicalNomad.com website automatically terminates. 3. DESCRIPTION OF SERVICES The MedicalNomad.com website is owned and operated by MedicalNomad LLC. The MedicalNomad.com website has been created for the purpose of providing information on the topic of medical travel, medical tourism, health tourism and travel for health care related purposes; and to provide information regarding international medical providers, host countries and procedures offered in the field of medical and health related travel (the "Purpose"). The MedicalNomad.com website provides news, tools, and information for the community of users interested in medical and health related travel. 4. HEALTH CARE DISCLAIMER Content on the MedicalNomad.com website is for reference purposes only and is not intended as a substitute for advice given by a physician or other licensed health care professional. You should not use the information from the MedicalNomad.com website as self-diagnosis or for treating a health problem or disease. Contact your health care provider immediately if you suspect that you have a medical problem. 5. NOT A HEALTH CARE REFERRAL SERVICE MedicalNomad LLC does not provide medical advice or medical referrals, or act as a medical referral service and does not approve, endorse, or recommend any health care providers, travel agents, medical financing options, medical procedures, medical practices or any medical related information listed on the MedicalNomad.com website. MedicalNomad LLC will not consult or advise on any medical treatments, providers, practices or procedures. All persons should consult a qualified health care professional of their own choice for medical advice. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. 6. REGISTRATION OBLIGATIONS When requested, each MedicalNomad.com website user must: (1) personally provide true, accurate, current and complete information on the MedicalNomad Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, MedicalNomad has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, MedicalNomad may suspend or terminate that user's account and prohibit any and all current or future use of the MedicalNomad.com website (or any portion thereof) by that user other than as expressly provided herein. Each user will receive passwords and account designations upon completing certain MedicalNomad Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. MedicalNomad cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 6, including any loss or damage arising from any user's failure to: (1) immediately notify MedicalNomad of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session. MedicalNomad handles user Registration Data in accordance with the MedicalNomad.com website's Privacy Policy. Please see our Privacy Statement for more information. 7. CONTENT All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, e.g. data posted within the MedicalNomad Forums, is the sole responsibility of the person from whom such Content originated. This means that the user, and not MedicalNomad, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the MedicalNomad.com website. No user shall transmit Content or otherwise conduct or participate in any activities on MedicalNomad.com website that, in the judgment of MedicalNomad, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. MedicalNomad reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, MedicalNomad shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. MedicalNomad, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by MedicalNomad to protect the rights, property, or personal safety of the MedicalNomad website' users and the public. MedicalNomad does not control the Content posted to the MedicalNomad.com website and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MedicalNomad be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the MedicalNomad.com website. Each user, by using the MedicalNomad.com website, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 8. LICENSE AND SITE ACCESS MedicalNomad.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MedicalNomad LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any provider listings, descriptions, etc.; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another website; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MedicalNomad LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MedicalNomad.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing MedicalNomad.com's name or trademarks without the express written consent of MedicalNomad LLC. Any unauthorized use terminates the permission or license granted by MedicalNomad LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MedicalNomad.com so long as the link does not portray MedicalNomad.com, its affiliates, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MedicalNomad.com logo or other proprietary graphic or trademark as part of the link without express written permission. 9. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE MedicalNomad WEBSITE: With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments, and provider site reviews ("MedicalNomad Public Content"), the submitting user retains ownership of such MedicalNomad Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by MedicalNomad. In each such case, the submitting user grants MedicalNomad the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license. 10. NO RESALE OF SERVICE You agree not to sell, resell, or offer for any commercial purposes, any portion of the MedicalNomad.com website, use of the MedicalNomad.com website, or access to the MedicalNomad.com website. 11. TERMINATION MedicalNomad LLC may terminate a user's account at MedicalNomad LLC's absolute discretion and for any reason. MedicalNomad is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of the MedicalNomad.com website in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order. MedicalNomad's termination of any user's access to the MedicalNomad.com website may be effected without notice and, on such termination, MedicalNomad may immediately deactivate or delete user's account and/or bar any further access to such files. MedicalNomad shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. MedicalNomad reserves the right to delete, or not delete, a user's account at MedicalNomad's sole discretion, as well as to delete, or not delete, content at MedicalNomad's sole discretion. 12. LINKS MedicalNomad LLC and the MedicalNomad.com website may provide links to other websites. MedicalNomad exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. MedicalNomad shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The MedicalNomad.com website Privacy Statement is applicable only when you are on an MedicalNomad Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information. 13. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY MEDICALNOMAD.COM IS PROVIDED BY MedicalNomad LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. MedicalNomad LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. EACH USER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS MedicalNomad LLC, AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, AND LIABILITIES INCLUDING REASONABLE ATTORNEYS' FEES WHETHER AT TRIAL OR ON APPEAL, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THAT USER'S ACTS OR OMISSIONS, INCLUDING CLAIMS ARISING OUT OF THAT USER'S USE OF THE MEDICALNOMAD.COM WEBSITE; HIS OR HER SUBMISSION, POSTING OR TRANSMISSION OF CONTENT OR HIS OR HER VIOLATION OF THE TERMS. THE CONTENT PROVIDED BY MedicalNomad LLC IS FOR INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO BE A SUBSTITUTE FOR MEDICAL CONSULTATION WITH A QUALIFIED HEALTH CARE PROFESSIONAL PROFESSIONAL. MedicalNomad, LLC. AND ITS OFFICERS, MEMBERS AND EMPLOYEES ARE NOT RESPONSIBLE IN ANY CAPACITY FOR, DO NOT WARRANT AND EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY CONTENT WHATSOEVER IN, AND IN PARTICULAR WITHOUT LIMITING THE FOREGOING, THE ACCURACY, COMPLETENESS, EFFECTIVENESS, QUALITY, APPEARANCE, IDEAS OR PRODUCTS, AS THE CASE MAY BE, OF OR RESULTING FROM ANY STATEMENTS, REFERENCES, ARTICLES, POSITIONS, CLAIMED DIAGNOSIS, CLAIMED POSSIBLE TREATMENTS, SERVICES OR ADVERTISING, EXPRESS OR IMPLIED, CONTAINED IN ANY DECLAIMED PUBLICATION, ALL SUCH RESPONSIBILITY BEING SOLELY THAT OF THE AUTHORS OR THE ADVERTISERS, AS THE CASE MAY BE. ALL RESPONSIBILITY AND LIABILITY FOR ANY OF THE FOREGOING FOR ANY CLAIMED INJURY OR DAMAGES TO ANY PERSON OR PROPERTY ALLEGED TO HAVE RESULTED FROM ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ANY CLAIMANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IS EXPRESSLY DISCLAIMED AND DENIED BY MedicalNomad, LLC., ITS OFFICERS, MEMBERS AND EMPLOYEES. FOR ANY POSSIBLE SPECIFIC MEDICAL CONDITION WHATSOEVER, ALL PERSONS SHOULD CONSULT A QUALIFIED HEALTH CARE PROFESSIONAL OF THEIR OWN CHOICE FOR ADVICE. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE EMBARKING ON A NEW TREATMENT, DIET OR FITNESS PROGRAM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON MEDICALNOMAD.COM. MedicalNomad ENCOURAGES INTERNET USERS TO BE CAREFUL WHEN USING MEDICAL INFORMATION. IF YOU ARE UNSURE ABOUT YOUR MEDICAL CONDITION, CONSULT A PHYSICIAN. ALTHOUGH WE CAREFULLY REVIEW OUR CONTENT, MedicalNomad, LLC CANNOT GUARANTEE NOR TAKE RESPONSIBILITY FOR THE MEDICAL ACCURACY OF DOCUMENTS WE PUBLISH, NOR CAN MedicalNomad, LLC ASSUME ANY LIABILITY FOR THE CONTENT OF WEBSITES LINKED TO OUR SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MedicalNomad LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MedicalNomad LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MEDICALNOMAD.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDICALNOMAD.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 14. TRADEMARK INFORMATION MedicalNomad, the MedicalNomad.com logo and other MedicalNomad trademarks, service marks, and product and service names are MedicalNomad LLC trademarks or registered trademarks in the United States and in other countries (the "MedicalNomad Marks"). All other names and designs may be trademarks of their respective owners. Users may display or use the MedicalNomad Marks only with express written consent of MedicalNomad LLC. 15. COPYRIGHTS MedicalNomad LLC respects the intellectual property rights of others, and requires that the people who use the MedicalNomad website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit MedicalNomad LLC to locate the material, including the full URL. (4) your name, address, telephone number, and email address. (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. If MedicalNomad LLC receives such a claim, MedicalNomad LLC reserves the right to refuse or delete Content as described under Section 7 hereto, or to terminate a user's account in accordance with Section 11. 16. GENERAL INFORMATION The Terms constitute the entire agreement between each user of MedicalNomad.com and MedicalNomad LLC and govern each user's use of the MedicalNomad.com website, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and MedicalNomad shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Collier, Florida. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 17. VIOLATIONS Please report any violations of the Terms (except for claims of intellectual property infringement) to the MedicalNomad Site Director at admin@medicalnomad.com. Last modified: 09/12/2007 |