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Terms and Conditions
HealDeal Web Site Terms of Use Agreement Effective Date February 15, 2008
WE ARE NOT A HEALTHCARE PROVIDER. FOR ANY MEDICAL EMERGENCY, YOU MUST CONTACT 911 OR YOUR LOCAL HOSPITAL HEALDEAL DOES NOT PROVIDE ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND IS NOT RECOMMENDING, REFERRING OR ENDORSING ANY HEALTHCARE PROVIDER OR HEALTHCARE SERVICES. THE INFORMATION PROVIDED ON HEALDEAL IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT REPLACE ADVICE FROM A MEDICAL PROFESSIONAL. ANY AGREEMENTS RELATED TO PRICE QUOTES AND PAYMENT FOR SERVICES IS DIRECTLY BETWEEN YOU ("CUSTOMER") AND THE PROVIDER. HEALDEAL DOES NOT RECOMMEND, PRESCRIBE OR WARRANT ANY HEALTHCARE SERVICES AND UNDER NO CIRCUMSTANCES IS RESPONSIBLE OR LIABLE FOR THE STANDARD OF MEDICAL CARE PROVIDED BY ANY HEALTHCARE PROVIDER OR ITS AFFILIATES OR FOR ANY MEDICAL OUTCOMES. YOUR USE OF HEALDEAL CONSTITUTES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS STATED HERE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE HEALDEAL WEBSITE. 1.Acceptance of Agreement. You ('Customer') agree to the terms and conditions of HealDeal Inc. ('HD') outlined in this Terms and Conditions Agreement ('Agreement') with respect to our service (the 'HD Service'), which includes a web site (HD Site) This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the HD Service, the content, products or services provided by or through the HD Service, and the subject matter of this Agreement. We may amend this Agreement at any time. The latest Agreement will be posted on the HD Consumer website. 2.No Medical Advice. We do not provide medical advice, diagnosis or treatment. Any medical information that is on the HD Site is for information purposes only and should not replace medical advice, diagnosis or treatment from a medical professional. HD does not guarantee the accuracy of the information presented on the HD Site. 3.Role of HD. Any purchase of a Service is a transaction directly between you and the Provider. HD is not a principal in any such transaction, and is not purchasing, paying for, selling or providing health care services. HD's sole role is the provision and maintenance of the HD site for informational purposes. Any authority conferred upon HD by this Agreement or by HD's policies and procedures to intervene in any such arrangements shall be solely for the purpose of preventing the fraudulent, illegal or other improper use of the HD Service, and shall not be deemed to impose or confer upon HD any obligation or responsibility with respect to any transactions between you and the Provider. HD does not warrant that its systems will not be used for improper purposes, and it assumes no liability for any such use. HD does not enforce, oversee or guide the Provider on compliance with applicable laws, regulations and ethical standards, and HD assumes no responsibility for the accuracy or completeness of any information provided on HD Site. Your use of the HD Service does not constitute in any way a confidential patient/physician relationship. If you are looking for a primary care provider you may find valuable information and guidelines at: http://www.medbd.ca.gov/consumer/choose_doctor.html 4.Role of service provider. Provider is an independent contractor, and is providing or supplying health care services or supplies for his own account. Provider is maintaining the accuracy of information about itself and its offerings. Provider is solely responsible for the provision of Services to Consumers in a timely and professional manner, and in accordance with all applicable laws, regulations and professional standards. HD shall not in any manner control, direct or influence the delivery of Services. 5.No recommendation, referral or endorsement. The HD Service is open to all Providers operating within the scope of their legal authority, and HD does not select, review, credential, verify, endorse or recommend any Provider. Providers may make known information about themselves and their services through HD Service and you may purchase Services from the Providers if you so desire. 6.No Government or Insurance affiliation or reimbursement. HD is not affiliated with any government or insurance agency. If you decide to purchase services from any Provider, you agree that you will not submit that payment for reimbursement from any federal, state or local government health care program or insurance agency. 7.Age Restrictions. HealDeal is intended for use by adults and not for children under the age of eighteen (18) years. HealDeal may be used on behalf of a minor child by a parent or guardian. The parent or guardian assumes full responsibility for ensuring that any information submitted on behalf of the minor is kept secure and accurate. 8.Provision of Healthcare Services. HD is not a healthcare services provider and will not directly or indirectly provide health care services, set up appointments, validate prescriptions or in any way dispense specific health care opinions. It is your responsibility to know if you need a specific healthcare service and to select the service provider of your choice. If you do decide to purchase service from a service provider, the payment and provision of the service is entirely and directly between you and the provider. 9.Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the HD Service are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the HD Service, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials provided through the HD Service. The posting of information or materials by the HD Service does not constitute a waiver of any right in such information and materials. 10.Trademarks. HealDeal and others are either trademarks or registered trademarks of HealDeal Inc, a Delaware Corporation. Other product and company names mentioned through the HD Service may be trademarks of their respective owners. 11.Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the HD Service grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than expressly agreed to in writing by HealDeal. 12.Editing, Deleting and Modification. Providers are responsible for editing deleting and modifying content submitted by the Provider to the HD Service. The HD Service reserves the right to edit or remove content that is deemed incorrect, illegal, infringing on other copyrights, or outdated. 13.Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, 'Affiliated Parties') harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the HD Service. 14.Nontransferable. Your right to use the HD Service is not transferable. Any password or right given to you to post or obtain information or documents is not transferable. 15.Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED 'AS-IS,' 'AS AVAILABLE,' AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR HEALTH RELATED AILMENT). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR PURCHASE OF A SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO ANY SERVICE FEES PAID TO HEALDEAL. 16.Request for Price Quotes. Customers may request a price quote (RFQ) from a Provider using the HealDeal website for the desired services. The Provider will respond to the quote request through the HealDeal System. The Provider may stipulate restrictions or conditions on the quote or may contact the Customer directly or via the HealDeal system for any additional information or validations. The Customer has no obligation to pay any fees for the price quote or for purchasing the services upon receiving the price quote. If the Customer wants to avail of the Price quote, the Customer must directly contact the provider with the Quote reference number and arrange for an appointment.
CONSUMER AND PROVIDER AGREE THAT WHAT SERVICES ARE REQUIRED AND THE FINAL PRICING OFFER FOR THOSE SERVICES IS AN AGREEMENT DIRECTLY BETWEEN THE CONSUMER AND THE PROVIDER AND HEALDEAL IS NOT RESPONSIBLE OR LIABLE FOR ANY PAYMENTS OR REFUNDS FROM EITHER PARTY. UNDER NO CIRCUMSTANCES IS HEALDEAL RESPONSIBLE OR LIABLE FOR THE STANDARD OF MEDICAL CARE PROVIDED BY THE HEALTHCARE PROVIDER OR ITS AFFILIATES OR FOR ANY MEDICAL OUTCOME. 17.Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding the HD Service by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is posted on the HealDeal Service web site. 18.Third-Party Services. We allow access to or advertise third-party merchant sites ('Merchants') from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. 19.Links to other Web Sites. The HealDeal Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If the Customer decides to leave our Site and access these third-party sites, they do so at their own risk. 20.Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: - An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the HD Service;
- Your address, telephone number, and email address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent for Notice of claims of copyright infringement on the Site as follows:
By mail: Copyright Agent HealDeal Inc. 3182 Campus Dr, #444, San Mateo, CA 94403
By phone: 1-888-9-HEALDEAL By email: feedback@healdeal.com21.Information and Press Releases. The HD Service contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. 22.Miscellaneous. This Agreement shall be treated as though it were executed and performed in San Mateo, CA, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the HD Service (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Mateo, California. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the HD Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Notwithstanding this, you agree that HD shall still apply for injunctive remedies (or equivalent type of urgent legal relief) in any jurisdiction.
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If you are having a medical emergency call 911.
We do not provide medical advice. Please contact your health care provider for medical information.
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