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Privacy Policy

 

CMEDCARE WEBSITE PRIVACY POLICY

Last modified: January 3, 2018

CMedcare Corp. (“Company”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.cmedcare.com and Application (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible through the CMedcare platform.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13:

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at contact@cmedcare.com

Information We Collect About You and How We Collect It:

We collect several types of information from and about users of our Website, including information:

  • by which you may be personally identified, such as name, e-mail address, and telephone number, (“personal information“);
  • that is about you but individually does not identify you, such as via Google Analytics or Facebook. and/or
  • about your internet connection, the equipment you use to access our Website and usage details.

We collect this information:

  • Directly from you when you provide it to us;
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and
  • From third parties, for example, our business partners.

Information You Provide to Us.  The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or requesting further services from Third Parties, including, but not limited to, Healthcare Providers of your choosing. This also includes information that you provide that pertains or relates to any appointments that you decide to book, which is shared with Healthcare Providers or Users of your choosing. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out via our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.

 

Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here (LINK) for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical data and may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.  We also do not collect any payment or credit card information.   All payment and credit card information is processed and encrypted by a third party processor.

Third-Party Use of Cookies and Other Tracking Technologies. 

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information: 

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • For remarketing purposes and offering other products that may benefit you.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the account registration form) to adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information:

We may disclose aggregated information about our users and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CMedcare Corp.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by CMedcare Corp. about our Website users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use [INSERT LINK TO WEBSITE’S TERMS OF USE] and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CMedcare Corp. our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information:

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data You can also always opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to contact@cmedcare.com.
  • Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to contact@cmedcare.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data (the Account form). You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to contact@cmedcare.com. For this opt-out to function, you must have your browser set to accept browser cookies.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Accessing and Correcting Your Information:

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at contact@cmedcare.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights:

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@cmedcare.com

Data Security:

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and form submissions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy:

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information:

To ask questions or comment about this privacy policy and our privacy practices, contact us at: contact@cmedcare.com

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CMEDCARE TERMS OF USE AND SERVICE FOR SITE PARTICIPANTS

 

BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, OR OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON BELOW.

 

  1. ACCEPTANCE OF TERMS

 

CMedcare Corp. (“CMedcare,” “We,” “Our” and “Us”), provides the www.cmedcare.com website and software application (collectively referred to as “Site and App”), that allows potential healthcare providers (and other service providers) to  provide information and Content on the Site and App (“Site Participants”, “You” and “Your”) for review by visitors to the Site and App (“Users”) to identify potential healthcare and/or other service providers (collectively referred to as “Offerings”), subject to your compliance with the following Terms of Use and Service (“Terms of Use”), as well as any other written agreement(s) between us and you, including the plan selected by you on the “Provider Plan” page on the CMedcare.com website.  “Content” is defined as content, text, data, images, photographs, videos, audio, information, suggestions, guidance, and any other materials provided by you, and made available, or otherwise found on the Site and App, including, but not limited to, Content that is provided in direct response to User questions or postings.  Site Participants and/or healthcare providers are required to use the Offerings responsibly, and, as such, CMedcare has no control over, and therefore cannot guarantee the availability of any healthcare provider at any particular time in connection with using the Offerings to a User.  Similarly, CMedcare has no control over, and therefore cannot guarantee, the ability or willingness of any User to actually attend any booked appointment(s).  You understand and acknowledge that you are solely responsible for providing any services to the User(s) of your choice, and that you are similarly solely responsible for choosing to make an appointment with any User.

 

We reserve the right to change these Terms of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms of Use. Your continued use of this Site, App, and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms of Use.  As used herein, the term “CMedcare” shall include CMedcare’s owners, officers, directors, partners, licensees, assigns, subsidiaries, affiliated companies, suppliers, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and App and/or contents and Offerings available on this Site.  Any violation of the Terms of Use, any CMedcare policy, or our general purpose is strictly prohibited.

 

  1. OFFERINGS

 

  1. Offerings and Disclaimers. CMedcare provides its Site and App as a platform for Site Participants and Users to interact with each other in relation to the Offerings. You acknowledge that because the Content posted by you on the Site and App is created and posted by you without the editorial review or check for accuracy by CMedcare, the provision of such Content by you on CMedcare’s Site and App does not constitute an opinion, medical advice, or diagnosis and treatment by CMedcare. Such Content is only provided by you to assist Users in identifying potential professionals, including healthcare providers.  You agree that no Content on the Site and App is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or any other professional medical or healthcare advice, or the provision of medical care.  YOUR USE OF THE SITE AND APP ARE SOLELY AT YOUR OWN RISK.

 

CMedcare is not a health care provider, referral entity, screening service, or consumer ratings service. The Content that you provide to Users is for informational and scheduling purposes only.  No licensed medical professional/patient relationship is created with CMedcare when either you or any Users use the Offerings or Content.

 

Any and all medically related information, including, but not limited to, Content and any other information posted on the Site and App, is provided exclusively by you, and is provided for informational purposes only.   Users areare encouraged to independently confirm any Content with other sources, such as a healthcare provider, medical association, state or medical boards, and any appropriate licensing or certification authorities to verify any credentials, specializations, certifications, or education listed in the Content.

 

Use of the Site or App, and review of any Content available via the Site or App, are not intended as substitute for professional medical advice, diagnosis or treatment.  The Site and App are not intended for meeting emergency medical needs or for treatment of a medical emergency.

 

CMedcare does not recommend or endorse any specific diagnostic tests, healthcare providers, procedures, treatment, opinions, or other information that may appear in the Content or on the Site and App.

 

CMedcare shall not be liable or responsible for any appointments that are canceled or otherwise unfulfilled for any reason, or for any injury resulting therefrom, or for any other injury, damages, or costs resulting from, arising from, or related to, your use of the Site and App and/or Offerings.

 

By accessing this Site and App, you agree to be bound by these Terms of Use. In the event you are using the Site or any of the Offerings thereon on behalf of any company or other legal entity, you agree to be individually bound by these Terms of Use, regardless of any agreement your company may have with CMedcare. If you object to any of the Terms of Use contained herein, do not use this Site, App, or any of the Offerings provided thereon or, if applicable, please delete your Account.  CMedcare’s operation of the Site and App are not made for the purpose of causing or securing a fee or other compensation for the referral of patients to any health care providers or Site Participants.

 

  1. Additional Reservation of Rights/No Guarantee. CMedcare reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Site, App, or Offerings, or any content or information thereon with or without providing notification to Site Participants. You agree that we are not liable to you or any third party for any modification or discontinuance of the Site, App, or Offerings. Although CMedcare works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site, App, or Offerings.  Use of the Site, App, and Offerings is void where prohibited.

 

  1. Temporary Interruptions. You understand and agree that temporary interruptions of the Site, App and Offerings may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user/Site Participant communications or personalization settings.

 

III. ELIGIBILITY FOR USE OF SITE, APP, AND OFFERINGS

 

By using this Site, App, and Offerings, you represent and warrant that you are: (1) at least eighteen (18) years of age, and (2) you have the legal right, legal authority, and legal capacity to enter into this agreement and to comply with all the Terms of Use.  CMedcare presents its Site and App to individuals who are at least eighteen (18) years of age or older and we will not knowingly collect any information from children under the age of thirteen (13). CMedcare is not responsible for any misrepresentations made by any User or Site Participant in regard to his/her age, qualifications, licensure, and/or trainingand we reserve the right to terminate the Account of any Site Participant or User whom we believe has provided false information to us, to any User, or to any Site Participant

 

  1. ACCOUNT TERMINATION, AND FEES

 

  1. Account Access and Termination. Upon your first use of the Site, App, or Offerings, the Terms of Use shall become effective and shall remain in full force and effect during the duration of your use of the Site, App, or Offerings, including the duration that your Account is open, regardless of your activity thereon, subject to the terms and conditions herein. You may terminate your Account at any time by following the instructions regarding how to delete your Account on the “My Account” page  If you are unable to terminate your Account on the “My Account” page, please contact us at contact@cmedcare.com During your pending termination request, you may be asked to provide a reason for your termination. CMedcare may terminate your Account at any time and will notify you of such termination via the most recent email address you have provided to us.  However, CMedcare is not required to send any such notification prior to termination of your Account. You will not be entitled to any refunds of applicable fees if we terminate your Account due to your breach of the Terms of Use or any other CMedcare policy as may be amended from time to time. All Account termination decisions are in CMedcare’s sole discretion and we are not required to provide or communicate any reason for termination. After termination of the Account, the Terms of Use shall remain enforceable against the Site Participant and, when possible and applicable, all terms and conditions of the Terms of Use shall survive termination.

 

 

  1. Fees. In order to create and maintain an Account, you must submit payment methods on the Site and App, and agree to be charged a recurring monthly or annual Service Fee, as set forth on the Provider Plan Page [LINK]. In the event that your credit card or form of payment is unable to be processed, we will notify you at the email address provided in your Account, and we shall suspend or terminate the Account if we are unable to secure payment after three such notifications.   While CMedcare shall not charge for any healthcare expenses, as described herein, you may directly charge Users for any services rendered or to be rendered by you, as well as for any products sold by you.  Regardless of whether any User makes any appointments via the Site and App, the User  shall be exclusively and solely responsible for any healthcare expenses, including, but not limited to, any charges or fees for any medical, healthcare, or related services rendered by you.   Any disputes between you and any User arising from any booking, appointment, or transaction hereunder shall be addressed or resolved strictly between you and the User in question.
  1. Sole User. You hereby agree that (1) you will be the only user of your Account, (2) no other individuals are authorized to use your Account, and (3) you are responsible for all use of your Account and activity on this Site and/or App. You agree to contact CMedcare immediately upon discovering or suspecting unauthorized use of your Account; such contact shall be in writing and shall be sent to contact@cmedcare.com.

 

  1. Information Provided by Site Participant. You agree to provide accurate, truthful, timely, updated and complete information to CMedcarewhen creating anAccount and using the Site, App, and Offerings. CMedcare is and shall not be responsible for any claims or disputes related to any incomplete, inaccurate, false, misleading, or untimely information provided by you to us or by any User to us.. In regard to any information or content you provide to the Site or to Users of the Site, you represent and warrant that you have the right to use and share such information and content. You hereby agree to irrevocably grant to CMedcare a perpetual, non-exclusive license to use any and all information or content, information submitted or posted by you to us in any way that we, in our sole discretion, determine to use it.

 

  1. Login Required for Account. The Account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

 

  1. Passwords & Security. If you register for an Account on the Site, you agree that you are responsible for maintaining the security and confidentiality of any password assigned to you, and that you are fully responsible for all activities or charges that are incurred to CMedcare, or any third parties, under your Account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and Account. You are also responsible for logging out of your Account at the end of each session, whether on a personal or public device, and notifying CMedcare in writing of any actual or suspected unauthorized use of your Account. Our employees will never ask you for your password. Please use all appropriate safeguards and enhanced caution when accessing your Account from a public computer.
  2. Site Participant Conduct and Prohibited Activities. Your use of the Site, App, and Offerings is subject to all applicable laws and regulations and you expressly agree to not:

(1) Share, provide, produce, display, publish or disseminate to others content that:

(a) Is unlawful, threatening, abusive, harassing, defamatory, deceptive, profane, objectionable, offensive, libelous, sexually oriented, racially offensive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;

(b) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

(c) Is illegal or infringes or violates another Site Participant’s rights, promotes illegal activity including copying the copyrighted works of another Site Participant, or provides instructional information about illegal activities;

(d) Is inaccurate, false, out-of-date or misleading, including profile images that are not your likeness or misrepresenting your current or previous employment and qualifications;

(e) Is harmful or threatening to the safety of Users, Site Participants, or CMedcare;

(f) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, and/or otherwise promotes racism, bigotry, hatred or physical harm against any individual or group of individuals;

(g) Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(h) Contains any restricted, password only, or hidden pages or images;

(i) Contains any material targeted at individuals under the age of eighteen (18), including, but not limited to, material that exploits such individuals in a sexual or violent manner or solicits personal information from them;

(j) Requests passwords, Account information, or personally identifying information for any commercial or unlawful purposes from any User or Site Participant;

(k) Engages in commercial activities and/or sales without CMedcare’s prior written consent including, but not limited to, contests, sweepstakes, bartering, advertising and pyramid schemes; and

(l) Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party.

(2) Impersonate any User, Site Participant, or entity or create an Account for anyone other than a natural person;

(3) Harrass others in any way, including stalking;

(4) Expressly state or imply that any statements you or others make are endorsed by CMedcare unless you have the prior written consent of CMedcare;

(5) Use any software, application, program, device or process, including the use of any robot or spider, to gather, catalog, or in any way duplicate or circumvent the structure or appearance of the Site or Offerings;

(6) Post, distribute, duplicate, infringe, remove, or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or notices without obtaining the prior written consent of the owner of such rights;

(7) Disrupt or interfere in any way with the Site or the Offerings or any of the servers or networks connected to the Site or the Offerings;

(8) Utilize or copy any information or content to provide any service that is competitive, in CMedcare’s sole discretion, with CMedcare or access the Site or Offerings for any competitive purpose including monitoring availability, performance or functionality;

(9) Share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus or any files or programs that are designed to disrupt, destroy or reduce the functionality of the Site, Offerings, any software, hardware, and/or equipment;

(10) Share any User’s or third party’s information without such User’s or third party’s express permission;

(11) Disguise the origin of any information transmitted via the Site or Offerings;

(12) Direct any person to the Site by using meta tags, code, or any other devices including any reference to the Site or Offerings to for any reason whatsoever;

(13) Remove, cover or otherwise obscure any form of advertisement included on the Site;

(14) “Frame” or “mirror” any part of the Site or Offerings without our prior written authorization;

(15) Alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any portion of the Site or Offerings or any other software used on or for the Offerings or Site; and/or

(16) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of this Site, or attempt to gain access to other network or server via your Account on this Site, or otherwise override or attempt to override any security component on the Site or Offerings.

  1. Reservation of Rights as to Account. CMedcare reserves the right to investigate and take any and all appropriate legal action against any Site Participant who violates the above provisions, including, without limitation, the right to suspend or terminate the Account of any such Site Participant. The above list is not an exhaustive or all-inclusive list of activities for which a Site Participant’s Account may be suspended or terminated.
  2. No Joint Venture/No Physician/Patient Relationship. CMedcare does not serve as an Employer, Supervisor, or Principal of any User or any Site Participant using our Site and App and Users/Site Participants are in no way legally affiliated with CMedcare, other than as may be described by the Terms of Use. You agree that neither you, nor CMedcare, intend to create a business relationship or physician/patient relationship and thus no such relationships are created by your use of the Site, App, or Offerings. CMedcare expressly disclaims any liability arising between Users of the Site, App, or Offerings, and with Site Participants.

 

  1. Account Status. Until and unless you terminate your Account, such Account will remain open for an indefinite period of time, subject to the terms herein. If you decide to terminate your Account, you will not receive any refund of fees, including, but not limited to, any fees charged by third partiesBy creating an  Account, you authorize CMedcare to receive a  fee as described in these Terms Of Use and in the Provider Plan page, and which shall be applied to any credit care or form of payment maintained in the Account.

 

  1. Miscellaneous. As a Site Participant of CMedcare, you agree to:

(1) Comply with all applicable local, state, federal and international laws, rules, and regulations, including, but not limited to, tax laws, privacy laws, intellectual property law, and criminal laws;

(2) Provide truthful, accurate and updated information;

(3) Review and comply with these Terms of Use, along with all other applicable policies and notices concerning the Site, App, and Offerings; and

(4) At all times while using the Site, App, and Offerings, acting professionally and responsibly.

  1. INTERACTIONS AND TRANSACTIONS WITH SITE PARTICIPANTS

 

  1. Interactions and Transactions With Users. You are solely responsible for all interactions with Users. Site Participants agree to make their own decisions regarding any decisions they make, Users that they select, or any offers they make, and further recognize that CMedcare does not: (1) conduct background checks or screenings on Site Participants or Users, (2) specifically represent or recommend any Site Participants, or independently verify any information provided by Site Participants on the Site or by Site Participants to Users, (3) independently verify any information provided by Users on the Site or by Users to Site Participants. You hereby represent, understand and expressly agree that CMedcare does not have liability for or control over your  authenticity, integrity, experience, qualifications, certifications, license status, competence, abilities or responsibility, and therefore expressly agree to indemnify and hold harmless CMedcare from any and all damages, suits, claims or controversies whatsoever arising from any relationship, payment, transaction, or treatment rendered by you to any User, arising out of use of  the Site, App, and Offerings.

 

  1. GENERAL DISCLAIMER

 

ALL CONTENT AND OFFERINGS ON THIS SITE AN APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

CMEDCARE MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR PROFESSIONAL SERVICES, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFITS INFORMATION, OR ANY OTHER CONTENT AVAILABLE ON THE SITE OR APP.   UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL CMEDCARE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY USER IN RELIANCE ON ANY CONTENT ON THE SITE OR APP THAT HAS BEEN CREATED AND/OR POSTED BY YOU.  CMEDCARE DOES NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY THAT IS LISTED OR ACCESSIBLE THROUGH THE SITE OR APP OR THAT POSTS CONTENT ON THE SITE OR APP, OR RECOMMEND ENGAGEMENT OF OR COMMUNICATION WITH ANY USER.

 

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE AVAILABLE, EFFECTIVE, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, (E) COMPLETENESS OF THE MATERIALS, SOFTWARE, CONTENT, DOCUMENTATION, INFORMATION, PRODUCTS, OFFERINGS, OR OFFERINGS WHICH ARE PART OF THE CMEDCARE WEB SITE AND APP .

 

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

NO SITE PARTICIPANT SHOULD RELY ON CMEDCARE’S SITE, APP, OR OFFERINGS, OR THE CONTINUATION OF THE SITE, APP, OR OFFERINGS. CMEDCARE DOES NOT MAKE ANY WARRANTY REGARDING THE COMPANY WEB SITE, APP, OR OFFERINGS, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT AND/OR THE DOCUMENTATION, OR ANY OFFERINGS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE CMEDCARE WEB SITE, APP, AND OFFERINGS.

 

IN NO EVENT WILL CMEDCARE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO SITE PARTICIPANT FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE CMEDCARE WEB SITE, APP, OFFERINGS, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE DOCUMENTATION, OR ANY ERRORS OR OMISSIONS IN THE MATERIALS, THE SOFTWARE, THE CONTENT AND/OR THE DOCUMENTATION, EVEN IF CMEDCARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NEITHER CMEDCARE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, SHALL BE LIABLE FOR DAMAGES TO ANY SITE PARTICPANT CAUSED BY (1) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE MATERIALS, THE SOFTWARE, THE CONTENT OR THE DOCUMENTATION,  OR (2) BY ANY AND ALL ACTS OR OMISSIONS BY ANY USERS OR OTHER SITE PARTICIPANTS.

 

CMEDCARE HAS NO OBLIGATION TO VERIFY THE IDENITY OF INVIDUALS SUBSCRIBING TO ITS OFFERINGS, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF OFFERINGS BY SITE PARTICIPANTS OR USERS.  THEREFORE, CMEDCARE DISCLAIMS ANY AND ALL LIABILITY FOR IDENTITY THEFT OR OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. CMEDCARE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR SITE PARTICIPANT OF THE SITE OR OFFERINGS.  CMEDCARE ASSUMES NO RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATIONS OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR SITE PARTICIPANT COMMUNICATIONS, NOR IT IS RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS WHATSOEVER INCLUDING, BUT NOT LIMITED TO, MALFUNCTIONS OF TELEPHONE NETWORKS OR LINES, COMPUTER ONLINE SYSTEMS, FIBER OPTIC CABLES, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, HARDWARE, SOFTWARE, FAILURE OF EMAIL, OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE.   SUCH TECHNICAL MALFUNCTIONS ALSO INCLUDE DAMAGE OR INJURY TO YOUR OR ANY OTHER PERSON’S COMPUTER OR DEVICE RELATING TO OR RESULTING FROM PARTICIPATION IN OR USE OF THE CMEDCARE SITE OR OFFERINGS.  CMEDCARE AND ITS AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS WILL IN NO WAY AND UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR OFFERINGS, WHETHER ONLINE OR OFFLINE.  CMEDCARE DOES NOT CONTROL OR REVIEW SITE PARTICPANT OR USER-GENERATED CONTENT FOR ACCURACY AND WE PROVIDE NO EXPRESS WARRANTIES OR REPRESENTATIONS.  IF YOU BECOME DISSATISFIED OR ANY IN WAY HARMED BY THE SITE OR OFFERINGS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE SECTION ENTITLED “ACCOUNT ACCESS AND TERM,” (PARAGRAPH IV(A)).

CMEDCARE IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS OCCURING ON THE SITE OR AS A RESULT OF ANY OF THE OFFERINGS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE DELIVERY OF ANY MESSAGES.  ANY MATERIAL, SERVICE OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO CMEDCARE.

 

UNDER NO CIRCUMSTANCES SHALL CMEDCARE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND APP AND/OR THE OFFERINGS, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE CLAIMS BY USERS AGAINST SITE PARTICIPANTS AND/OR HEALTHCARE PROVIDERS SELECTED OR UTILIZED BY USERS THROUGH THE USE OF THE SITE AND APP AND/OR THE OFFERINGS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.   BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CMEDCARE FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, EXPENSE OR DEMAND OF LIABILITY, INCLUDING ATTORNEY’S FEES AND COSTS INCURRED BY CMEDCARE IN CONNECTION WITH ANY CLAIM BY ANY USER OR BY ANYTHIRD PARTY ARISING OUT OF (A) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE IN ANY WAY, AND (B) ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH THE SITE OR OFFERINGS.   YOU FURTHER AGREE THAT YOU WILL REASONABLY COOPERATE IN THE DEFENSE OF ANY SUCH CLAIMS.  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

 

CMEDCARE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, GENERAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THESE TERMS OF USE OR ANY VIOLATION THEREOR OR ANY CONDUCT OF YOU, ANY BUSINESS, OR ANYONE ELSE IN CONNECTION WITH THE USE OF SITE, APP, OR OFFERINGS, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS, OR TRANSACTIONS WITH ANY USER, BUSINESS, OR OTHER PERSONS YOU MEET OR INTERACT WITH THROUGH THE SITE, APP, OR OFFERINGS.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

VIII. LIMITED LICENSE

 

CMedcare grants you a limited, revocable license and right to access, view information on, and use the Site and App; such license will be revoked if you breach the Terms of Use and/or if your Account is terminated for any reason. You may not assign or sublicense such license or rights to any third party. All rights not expressly granted in these Terms of Use are expressly reserved by CMedcare without limitation.

 

  1. NOTICE OF PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

 

  1. Proprietary Rights. CMedcare owns and retains proprietary rights in the Site, App, and Offerings, except for Content posted or owned by Site Participants. Except for Content posted or owned by Site Participants, all content, software, text, data, graphics, images, data, HTML, photographs, videos, designs, sounds, and any other content (“CMedcare’s Proprietary Material”) on the Site, App, and Offerings, and the coordination, selection, arrangement and enhancement of such CMedcare’s Proprietary Materials is deemed a Collective Work under the United States Copyright Act, as amended, is owned by or licensed to CMedcare. All of CMedcare’s Proprietary Rights are and shall be protected in all forms and through all media and technologies now known or hereinafter developed.
  2. Website Content. For purposes of these Terms of Use, “website content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned or posted by Site Participants and/or which is owned or posted by CMedcare or its Affiliates. By accepting these Terms of Use, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Site Participants or of CMedcare or its Affiliates.
  3. Limitations on Use of Website Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content or website content from this Site and App in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site, App, or Offerings’ content violates intellectual property interests of Site Participants and/or CMedcare or its Affiliates and could result in criminal or civil penalties.
  4. Prohibitions. Site Participants are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of CMedcare’s Proprietary Rights without CMedcare’s prior express written permission, unless such use falls under an exception. Site Participants are prohibited from posting, sending, sharing, or distributing any materials or content that they do not own or have permission to use. In addition to the discontinuation or termination of the ability to access functional services or Offerings, violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and civil or criminal penalties. The Site, App, and Offerings contain materials protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws and any use of CMedcare’s Proprietary Material is expressly prohibited without the prior permission of CMedcare or the relevant right holder or as otherwise permitted therein. Site Participant further agrees to abide by all copyright notices and restrictions attached to the Site and/or any Materials, Software and/or website content accessed on the CMedcare Site, App, and Offerings, not to alter the Site, App, and/or the Materials, Software and/or the website content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of Site, App, and/or the Materials, the Software and/or the website content.
  5. Copyright. The Site and App, including all content provided on the Website, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
  6. No Warranty for Third Party Infringement. CMedcare does not warrant or represent that your use of materials displayed on, or obtained through, this Site and App will not infringe the rights of third parties.

 

  1. MISCELLANEOUS PROVISIONS
  2. Limitations On Use. CMedcare reserves the right to place limitations on your access to the Site, App, and Offerings in order to conduct maintenance and updates to the Site and to enforce the Terms of Use. Such limitations may be enforced at our sole discretion. You agree to contact our Customer Service department at contact@cmedcare.com with any concerns you have over any limitations on placed on your use of the Site and App and you agree to abide by any determinations made by CMedcare in this regard.
  3. Notification of Acts Contrary to Terms of Use. If you believe that you are entitled or required by law to act contrary to these Terms of Use, you agree to provide CMedcare with a comprehensive written explanation at least thirty (30) days before you engage in any act(s) contrary to these Terms of Use. If we receive such notice in a timely fashion, we may, at our sole discretion, provide an alternative remedy for the situation, though we are not required to do so.
  4. Notifications and Service Messages. If the Terms of Use are modified, or any other relevant changes are made in regard to the Site, App, or Offerings, we may provide notice on the Site or by placing a notice on the Terms of Use. We may alternatively send you an email, at the email address on record with your Account, to notify you of such changes and modifications. You further agree that we may communicate with you regarding your access to the Site and App or regarding your Account through any other means including, but not limited to, email, mobile number, telephone, text message, or via delivery services including the postal service. You agree that CMedcare shall not be subject to any liability related to or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical updates regarding the Site, App, or Offerings.
  5. Applications. CMedcare may present Offerings, services, and products through various applications, including applications on smart phones, iPads and similar devices, and interactive plugins distributed on other websites (“Applications”). Upon first use of such Applications, you agree to these Terms of Use and any other agreements required to download the Applications.   You also agree that such information as the device on which  you access the Applications, your mobile carrier, internet access provider, physical location, and geographical location may be communicated to us. If you change telephone numbers or deactivate your mobile Account, please ensure that you update your Account information to reflect such a change.   Failure to do so is solely your responsibility, as will is your responsibility for any and all charges or fees related to your use of the Applications on your mobile device(s).

 

  1. Governing Law and Venue. These Terms of Use and any dispute between you and CMedcare shall be governed by and construed in accordance with the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Copyright issues are an exception, as copyright is governed by the laws of the United States. Venue for all litigation, including copyright issues, is proper in federal and state courts located in Miami-Dade County, Florida.
  2. International Use. Although this Site, App, and Offerings may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site, App, or Offerings from other locations do so on their own initiative and at their own risk. If you choose to access this Site, App and Offerings from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
  3. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE OFFERINGS, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement
  4. Customer Service. CMedcare provides assistance to its Site Participants through its customer care representatives. Communications between you and our customer care representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our customer care representatives. We reserve the right to immediately terminate your Account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our customer care representatives in any way.
  5. Savings Clause. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  6. No Waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
  7. Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site and App is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

EFFECTIVE DATE:  01/03/18

CMEDCARE TERMS OF USE AND SERVICE

 

BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON BELOW.

 

  1. ACCEPTANCE OF TERMS

 

CMedcare Corp. (“CMedcare,” “We,” “Our” and “Us”), provides the www.cmedcare.com website and software application (collectively referred to as “Site and App”), that allows Site and App Users (“Users”) to identify potential health care providers that provide information and Content on the Site and App (“Site Participants”) for review by Users (collectively referred to as “Offerings”), subject to your compliance with the following Terms of Use and Service (“Terms of Use”), as well as any other written agreement(s) between us and you.  “Content” is defined as content, text, data, images, photographs, videos, audio, information, suggestions, guidance, and any other materials provided, made available, or otherwise found on the Site and App, including, but not limited to, Content that is provided in direct response to your questions or postings.  While Site Participants and/or healthcare providers are encouraged to use the Offerings responsibly, CMedcare has no control over, and therefore cannot guarantee the availability of any healthcare provider at any particular time in connection with using the Offerings, you understand and acknowledge that you are solely responsible for selecting the Site Participant and/or healthcare provider of your choice, and that you are similarly solely responsible for choosing to make an appointment with any Site Participant and/or healthcare provider.

 

We reserve the right to change these Terms of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms of Use. Your continued use of this Site, App, and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms of Use.  As used herein, the term “CMedcare” shall include CMedcare’s owners, officers, directors, partners, licensees, assigns, subsidiaries, affiliated companies, suppliers, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and App and/or contents and Offerings available on this Site.  Any violation of the Terms of Use, any CMedcare policy, or our general purpose is strictly prohibited.

 

  1. OFFERINGS

 

  1. Offerings and Disclaimers. CMedcare provides its Site and App as a platform for Users and Site Participants to interact with each other in relation to the Offerings. You acknowledge that although some Content on the Site and App may be provided by Site Participants that are healthcare professionals, the provision of such Content on CMedcare’s Site and App does not constitute an opinion, medical advice, or diagnosis and treatment. Such Content is only provided to assist you in identifying potential professionals, including healthcare providers.  No Content on the Site and App is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or any other professional medical or healthcare advice, or the provision of medical care.  YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK.

 

CMedcare is not a health care provider, referral entity, screening service, or consumer ratings service. The Content that you obtain or receive from CMedcare, its employees, contractors, partners, sponsors, advertisers, licensors or other third parties through the Site and App, is for informational and scheduling purposes only.  No licensed medical professional/patient relationship is created with CMedcare when you use the Offerings,  Content, or services rendered by Site Participants..

 

Any and all medically related information, including, but not limited to, Content and any other information posted on the Site and App, is provided exclusively by independent healthcare professionals and organizations, and is provided for informational purposes only.   You are encouraged to independently confirm any Content with other sources, such as a healthcare provider, medical association, state or medical boards, and any appropriate licensing or certification authorities to verify any credentials, specializations, certifications, or education listed in the Content.

 

Use of the Site or App, and review of any Content available via the Site or App, are not intended as substitute for professional medical advice, diagnosis or treatment.  Under no circumstances should you disregard, delay, or otherwise avoid obtaining competent medical advice from a qualified healthcare provider.  The Site and App are not intended for meeting emergency medical needs or for treatment of a medical emergency.  If you are experiencing a medical emergency, you should immediately call a healthcare professional and/or 911.

 

CMedcare does not recommend or endorse any specific diagnostic tests, healthcare providers, procedures, treatment, opinions, or other information that may appear in the Content or on the Site and App.

 

CMedcare shall not be liable or responsible for any appointments that are canceled or otherwise unfulfilled for any reason, or for any injury resulting therefrom, or for any other injury, damages, or costs resulting from, arising from, or related to, your use of the Site and App and/or Offerings.

 

By accessing this Site and App, you agree to be bound by these Terms of Use whether or not you create an Account with CMedcare.  In the event you are using the Site or any of the Offerings thereon on behalf of any company or other legal entity, you agree to be individually bound by these Terms of Use, regardless of any agreement your company may have with CMedcare. If you object to any of the Terms of Use contained herein, do not use this Site, App, or any of the Offerings provided thereon or, if applicable, please delete your Account.  CMedcare’s operation of the Site and App are not made for the purpose of causing or securing a fee or other compensation for the referral of patients to any health care providers or Site Participants.

 

  1. Additional Reservation of Rights/No Guarantee. CMedcare reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Site, App, or Offerings, or any content or information thereon with or without providing notification to Users. You agree that we are not liable to you or any third party for any modification or discontinuance of the Site, App, or Offerings. Although CMedcare works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site, App, or Offerings.  Use of the Site, App, and Offerings is void where prohibited.

 

  1. Temporary Interruptions. You understand and agree that temporary interruptions of the Site, App and Offerings may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

 

III. ELIGIBILITY FOR USE OF SITE, APP, AND OFFERINGS

 

By using this Site, App, and Offerings, you represent and warrant that you are: (1) at least eighteen (18) years of age, and (2) you have the legal right, legal authority, and legal capacity to enter into this agreement and to comply with all the Terms of Use.  CMedcare presents its Site and App to individuals who are at least eighteen (18) years of age or older and we will not knowingly collect any information from children under the age of thirteen (13). CMedcare is not responsible for any misrepresentations made by a User in regard to his/her age and we reserve the right to terminate the Account of any User whom we believe has provided false information to us or to any other Users.

 

  1. THIRD PARTY ACCOUNT TERMINATION, AND FEES

 

  1. No Account creation required and Third Party Account. Please note that you will not be required to create an account with CMedcare in order to visit or use the Offerings. However, you will be required to create an account with a third party provider (“Third Party Account”) in order to access and use the booking functions available on the Site and App. Upon creating the Third Party Account with the third party provider, you also acknowledge and agree that CMedcare is not responsible for operating, servicing, maintaining, or terminating said Third Party Account, and that CMedcare shall bear no liability whatsoever in connection with your creation, use, or termination of the Third Party Account with any third party provider of booking functions on the Site and App.   CMedcare is not required to send any notification prior to termination of your Third Party Account. You will not be entitled to any refunds of applicable fees if your Third Party Account is terminated due to your breach of any terms of the Third Party Account.    Independent of the status of your Third Party Account, CMedcare shall have the exclusive and discretionary right to discontinue access to a Third Party Account, and CMedcare shall not be required to provide or communicate any reason for such discontinuation.   In the event of termination of your Third Party Account for any reason and/or discontinuation of your ability to create or maintain a Third Party Account, the Terms of Use shall remain enforceable against the User and, when possible and applicable, all terms and conditions of the Terms of Use shall survive such termination of the Third Party Account and/or discontinuation of your ability to create or maintain a Third Party Account   Upon your first use of the Site, App, or Offerings, the Terms of Use shall become effective and shall remain in full force and effect during the duration of your use of the Site, App, or Offerings.

 

  1. Fees. There are no fees for access to the Site and App, or for creation and maintenance of an Account. If you decide to book an appointment with any Site Participant or healthcare provider that participates on the Site and App, or posts Content on same, your credit card will be charged a five dollar ($ 5.00) booking service fee through a third party payment processor for any such appointment that you decide to book.  While CMedcare shall not charge for any healthcare expenses, as described herein, Site Participants may charge for any services rendered or to be rendered by them, as well as for any products sold by Site Participants.  Regardless of whether you make any appointments via the Site and App, you shall be exclusively and solely responsible for any healthcare expenses, including, but not limited to, any charges or fees for any medical, healthcare, or related services rendered by any Site Participants and/or healthcare providers.   Any disputes between you and any Site Participant and/or healthcare provider arising from any booking, appointment, or transaction hereunder shall be addressed or resolved strictly between you and the Site Participant and/or healthcare provider in question.
  1. Sole User. You hereby agree that (1) you will be the only User of your Third Party Account, (2) no other individuals are authorized to use your Third Party Account, and (3) you are responsible for all use of your Third Party Account and activity on this Site and/or App. You agree to contact CMedcare immediately upon discovering or suspecting unauthorized use of your Third Party Account; such contact shall be in writing and shall be sent to contact@cmedcare.com.

 

  1. Information Provided by User. You agree to provide accurate, truthful, timely, updated and complete information when creating aThird Party Account and using the Site, App, and Offerings. CMedcare is and shall not be responsible for any claims or disputes related to any incomplete, inaccurate, false, misleading, or untimely information provided by you to us or to any Third Party provider. In regard to any information or content you provide to the Site or to other Users of the Site, you represent and warrant that you have the right to use and share such information and content. You hereby agree to irrevocably grant to CMedcare a perpetual, non-exclusive license to use any and all information or content, information submitted or posted by you to us in any way that we, in our sole discretion, determine to use it.

 

  1. Login Required for Third Party Account. The Third Party Account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

 

  1. Passwords & Security. If you register for a Third Party Account on the Site, you agree that you are responsible for maintaining the security and confidentiality of any password assigned to you, and that you are fully responsible for all activities or charges that are incurred to CMedcare, any third parties, or Site Participants under your Account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and Third Party Account. You are also responsible for logging out of your Third Party Account at the end of each session, whether on a personal or public device, and notifying CMedcare in writing of any actual or suspected unauthorized use of your Third Party Account. Our employees will never ask you for your password. Please use all appropriate safeguards and enhanced caution when accessing your Third Party Account from a public computer.
  2. User Conduct and Prohibited Activities. Your use of the Site, App, and Offerings is subject to all applicable laws and regulations and you expressly agree to not:

(1) Share, provide, produce, display, publish or disseminate to others content that:

(a) Is unlawful, threatening, abusive, harassing, defamatory, deceptive, profane, objectionable, offensive, libelous, sexually oriented, racially offensive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;

(b) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party including but not limited to, CMedcare or Site Participants;

(c) Is illegal or infringes or violates another User’s rights, promotes illegal activity including copying the copyrighted works of another User, or provides instructional information about illegal activities;

(d) Is inaccurate, false, out-of-date or misleading, including profile images that are not your likeness or misrepresenting your current or previous employment and qualifications;

(e) Is harmful or threatening to the safety of Users, CMedcare, or Site Participants;

(f) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, and/or otherwise promotes racism, bigotry, hatred or physical harm against any individual or group of individuals;

(g) Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(h) Contains any restricted, password only, or hidden pages or images;

(i) Contains any material targeted at individuals under the age of eighteen (18), including, but not limited to, material that exploits such individuals in a sexual or violent manner or solicits personal information from them;

(j) Requests passwords, Account information, or personally identifying information for any commercial or unlawful purposes from another User;

(k) Engages in commercial activities and/or sales without CMedcare’s prior written consent including, but not limited to, contests, sweepstakes, bartering, advertising and pyramid schemes; and

(l) Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party.

(2) Impersonate another User or entity or create an Account for anyone other than a natural person;

(3) Harass others in any way, including stalking;

(4) Expressly state or imply that any statements you or others make are endorsed by CMedcare unless you have the prior written consent of CMedcare;

(5) Use any software, application, program, device or process, including the use of any robot or spider, to gather, catalog, or in any way duplicate or circumvent the structure or appearance of the Site or Offerings;

(6) Post, distribute, duplicate, infringe, remove, or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or notices without obtaining the prior written consent of the owner of such rights;

(7) Disrupt or interfere in any way with the Site or the Offerings or any of the servers or networks connected to the Site or the Offerings;

(8) Utilize or copy any information or content to provide any service that is competitive, in CMedcare’s sole discretion, with CMedcare or access the Site or Offerings for any competitive purpose including monitoring availability, performance or functionality;

(9) Share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus or any files or programs that are designed to disrupt, destroy or reduce the functionality of the Site, Offerings, any software, hardware, and/or equipment;

(10) Share any non-User information without such non-User’s express permission;

(11) Disguise the origin of any information transmitted via the Site or Offerings;

(12) Direct any person to the Site by using meta tags, code, or any other devices including any reference to the Site or Offerings to for any reason whatsoever;

(13) Remove, cover or otherwise obscure any form of advertisement included on the Site;

(14) “Frame” or “mirror” any part of the Site or Offerings without our prior written authorization;

(15) Alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any portion of the Site or Offerings or any other software used on or for the Offerings or Site; and/or

(16) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of this Site, or attempt to gain access to other network or server via your Account on this Site, or otherwise override or attempt to override any security component on the Site or Offerings.

  1. Reservation of Rights as to Account. CMedcare reserves the right to investigate and take any and all appropriate legal action against any User who violates the above provisions, including, without limitation, the right to suspend or terminate the Account of any such User. The above list is not an exhaustive or all-inclusive list of activities for which a User’s Account may be suspended or terminated.
  2. No Joint Venture/No Physician/Patient Relationship. CMedcare does not serve as an Employer, Supervisor, or Principal of any User or any Site Participant using our Site and App and Users/Site Participants are in no way legally affiliated with CMedcare, other than as may be described by the Terms of Use. You agree that neither you, nor CMedcare, intend to create a business relationship or physician/patient relationship and thus no such relationships are created by your use of the Site, App, or Offerings. CMedcare expressly disclaims any liability arising between Users of the Site, App, or Offerings, and with Site Participants.

 

  1. Third Party Account Status. Until and unless you terminate your Third Party Account, such Third Party Account will remain open for an indefinite period of time, subject to the terms herein. If you decide to terminate your Third Party Account, you will not receive any refund of fees, including, but not limited to, any fees charged by third parties or Site ParticipantsBy creating a Third Party Account, you authorize CMedcare to receive a booking service fee as described in these Terms Of Use, and which shall be applied to any credit care or form of payment maintained in the Third Party Account.

 

  1. Miscellaneous. As a User of CMedcare, you agree to:

(1) Comply with all applicable local, state, federal and international laws, rules, and regulations, including, but not limited to, tax laws, privacy laws, intellectual property law, and criminal laws;

(2) Provide truthful, accurate and updated information;

(3) Review and comply with these Terms of Use, along with all other applicable policies and notices concerning the Site, App, and Offerings; and

(4) At all times while using the Site, App, and Offerings, acting professionally and responsibly.

  1. INTERACTIONS AND TRANSACTIONS WITH SITE PARTICIPANTS

 

  1. Interactions and Transactions With Site Participants. You are solely responsible for all interactions with Site Participants. Users agree to make their own decisions regarding any decisions they make, Site Participants that they select, or any offers they accept, and further recognize that CMedcare does not: (1) conduct background checks or screenings on Site Participants, (2) specifically represent or recommend any Site Participants, or (3) independently verify any information provided by Site Participants on the Site or to Users. You hereby represent, understand and expressly agree that CMedcare does not have liability for or control over any Site Participant’s authenticity, integrity, experience, qualifications, certifications, license status, competence, abilities or responsibility. All Users further expressly agree not to hold CMedcare liable for any and all damages, suits, claims or controversies whatsoever arising from any relationship, payment, transaction, or treatment rendered by any Site Participant developed on or through the Site, App, and Offerings.

 

  1. GENERAL DISCLAIMER

 

ALL CONTENT AND OFFERINGS ON THIS SITE AN APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

CMEDCARE MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR PROFESSIONAL SERVICES, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFITS INFORMATION, OR ANY OTHER CONTENT AVAILABLE ON THE SITE OR APP.   UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL CMEDCARE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT ON THE SITE OR APP.  CMEDCARE DOES NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY THAT IS LISTED OR ACCESSIBLE THROUGH THE SITE OR APP OR THAT POSTS CONTENT ON THE SITE OR APP.

 

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE AVAILABLE, EFFECTIVE, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, (E) COMPLETENESS OF THE MATERIALS, SOFTWARE, CONTENT, DOCUMENTATION, INFORMATION, PRODUCTS, OR OFFERINGS WHICH ARE PART OF THE CMEDCARE WEB SITE AND APP .

 

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

NO USER SHOULD RELY ON CMEDCARE’S SITE, APP, OR OFFERINGS, OR THE CONTINUATION OF THE SITE, APP, OR OFFERINGS. CMEDCARE DOES NOT MAKE ANY WARRANTY REGARDING THE COMPANY WEB SITE, APP, OR OFFERINGS, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT AND/OR THE DOCUMENTATION, OR ANY OFFERINGS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE CMEDCARE WEB SITE, APP, AND OFFERINGS.

 

IN NO EVENT WILL CMEDCARE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO USER FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE CMEDCARE WEB SITE, APP, OFFERINGS, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE DOCUMENTATION, OR ANY ERRORS OR OMISSIONS IN THE MATERIALS, THE SOFTWARE, THE CONTENT AND/OR THE DOCUMENTATION, EVEN IF CMEDCARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NEITHER CMEDCARE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, SHALL BE LIABLE FOR DAMAGES TO ANY USER CAUSED BY (1) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE MATERIALS, THE SOFTWARE, THE CONTENT OR THE DOCUMENTATION,  OR (2) BY ANY AND ALL ACTS OR OMISSIONS BY ANY BUSINESSES AS DEFINED HEREIN.

 

CMEDCARE HAS NO OBLIGATION TO VERIFY THE IDENITY OF INVIDUALS SUBSCRIBING TO ITS OFFERINGS, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF OFFERINGS BY OTHER USERS.  THEREFORE, CMEDCARE DISCLAIMS ANY AND ALL LIABILITY FOR IDENTITY THEFT OR OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. CMEDCARE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR OFFERINGS.  CMEDCARE ASSUMES NO RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATIONS OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, NOR IT IS RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS WHATSOEVER INCLUDING, BUT NOT LIMITED TO, MALFUNCTIONS OF TELEPHONE NETWORKS OR LINES, COMPUTER ONLINE SYSTEMS, FIBER OPTIC CABLES, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, HARDWARE, SOFTWARE, FAILURE OF EMAIL, OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE.   SUCH TECHNICAL MALFUNCTIONS ALSO INCLUDE DAMAGE OR INJURY TO YOUR OR ANY OTHER PERSON’S COMPUTER OR DEVICE RELATING TO OR RESULTING FROM PARTICIPATION IN OR USE OF THE CMEDCARE SITE OR OFFERINGS.  CMEDCARE AND ITS AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS WILL IN NO WAY AND UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR OFFERINGS, WHETHER ONLINE OR OFFLINE.  CMEDCARE DOES NOT CONTROL OR REVIEW USER-GENERATED OR SITE PARTICIPANT- GENERATED CONTENT FOR ACCURACY AND WE PROVIDE NO EXPRESS WARRANTIES OR REPRESENTATIONS.  IF YOU BECOME DISSATISFIED OR ANY IN WAY HARMED BY THE SITE OR OFFERINGS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR THIRD PARTY ACCOUNT.

CMEDCARE IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS OCCURING ON THE SITE OR AS A RESULT OF ANY OF THE OFFERINGS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE DELIVERY OF ANY MESSAGES.  ANY MATERIAL, SERVICE OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO CMEDCARE.

 

UNDER NO CIRCUMSTANCES SHALL CMEDCARE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND APP AND/OR THE OFFERINGS, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF SITE PARTICIPANTS AND/OR HEALTHCARE PROVIDERS SELECTED OR UTILIZED THROUGH THE USE OF THE SITE AND APP AND/OR THE OFFERINGS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.   BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CMEDCARE FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, EXPENSE OR DEMAND OF LIABILITY, INCLUDING ATTORNEY’S FEES AND COSTS INCURRED BY CMEDCARE IN CONNECTION WITH ANY CLAIM BY A THIRD PARTY ARISING OUT OF (A) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE IN ANY WAY, AND (B) ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH THE SITE OR OFFERINGS.   YOU FURTHER AGREE THAT YOU WILL REASONABLY COOPERATE IN THE DEFENSE OF ANY SUCH CLAIMS.  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

 

CMEDCARE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, GENERAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM ANY PROVISION OF THESE TERMS OF USE OR ANY VIOLATION THEREOR OR ANY CONDUCT OF YOU, ANY BUSINESS, OR ANYONE ELSE IN CONNECTION WITH THE USE OF SITE, APP, OR OFFERINGS, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS, OR TRANSACTIONS WITH ANY USER, BUSINESS, OR OTHER PERSONS YOU MEET OR INTERACT WITH THROUGH THE SITE, APP, OR OFFERINGS.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

VIII. LIMITED LICENSE

 

CMedcare grants you a limited, revocable license and right to access, view information on, and use the Site and App; such license will be revoked if you breach the Terms of Use and/or if your Account is terminated for any reason. You may not assign or sublicense such license or rights to any third party. All rights not expressly granted in these Terms of Use are expressly reserved by CMedcare without limitation.

 

  1. NOTICE OF PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

 

  1. Proprietary Rights. CMedcare owns and retains proprietary rights in the Site, App, and Offerings, except for Content posted or owned by Site Participants. Except for Content posted or owned by Site Participants, all content, software, text, data, graphics, images, data, HTML, photographs, videos, designs, sounds, and any other content (“CMedcare’s Proprietary Material”) on the Site, App, and Offerings, and the coordination, selection, arrangement and enhancement of such CMedcare’s Proprietary Materials is deemed a Collective Work under the United States Copyright Act, as amended, is owned by or licensed to CMedcare. All of CMedcare’s Proprietary Rights are and shall be protected in all forms and through all media and technologies now known or hereinafter developed.
  2. Website Content. For purposes of these Terms of Use, “website content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned or posted by Site Participants and/or which is owned or posted by CMedcare or its Affiliates. By accepting these Terms of Use, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Site Participants or of CMedcare or its Affiliates.
  3. Limitations on Use of Website Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content or website content from this Site and App in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site, App, or Offerings’ content violates intellectual property interests of Site Participants and/or CMedcare or its Affiliates and could result in criminal or civil penalties.
  4. Prohibitions. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of CMedcare’s Proprietary Rights without CMedcare’s prior express written permission, unless such use falls under an exception. Users are prohibited from posting, sending, sharing, or distributing any materials or content that they do not own or have permission to use. In addition to the discontinuation or termination of the ability to access functional services or Offerings, violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and civil or criminal penalties. The Site, App, and Offerings contain materials protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws and any use of CMedcare’s Proprietary Material is expressly prohibited without the prior permission of CMedcare or the relevant right holder or as otherwise permitted therein. User further agrees to abide by all copyright notices and restrictions attached to the Site and/or any Materials, Software and/or website content accessed on the CMedcare Site, App, and Offerings, not to alter the Site, App, and/or the Materials, Software and/or the website content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of Site, App, and/or the Materials, the Software and/or the website content.
  5. Copyright. The Site and App, including all content provided on the Website, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
  6. No Warranty for Third Party Infringement. CMedcare does not warrant or represent that your use of materials displayed on, or obtained through, this Site and App will not infringe the rights of third parties.

 

  1. MISCELLANEOUS PROVISIONS
  2. Limitations On Use. CMedcare reserves the right to place limitations on your access to the Site, App, and Offerings in order to conduct maintenance and updates to the Site and to enforce the Terms of Use. Such limitations may be enforced at our sole discretion. You agree to contact our Customer Service department at contact@cmedcare.com with any concerns you have over any limitations on placed on your use of the Site and App and you agree to abide by any determinations made by CMedcare in this regard.
  3. Notification of Acts Contrary to Terms of Use. If you believe that you are entitled or required by law to act contrary to these Terms of Use, you agree to provide CMedcare with a comprehensive written explanation at least thirty (30) days before you engage in any act(s) contrary to these Terms of Use. If we receive such notice in a timely fashion, we may, at our sole discretion, provide an alternative remedy for the situation, though we are not required to do so.
  4. Notifications and Service Messages. If the Terms of Use are modified, or any other relevant changes are made in regard to the Site, App, or Offerings, we may provide notice on the Site or by placing a notice on the Terms of Use. We may alternatively send you an email, at the email address on record with your Account, to notify you of such changes and modifications. You further agree that we may communicate with you regarding your access to the Site and App or regarding your Third Party Account through any other means including, but not limited to, email, mobile number, telephone, text message, or via delivery services including the postal service. You agree that CMedcare shall not be subject to any liability related to or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical updates regarding the Site, App, or Offerings.
  5. Applications. CMedcare may present Offerings, services, and products through various applications, including applications on smart phones, iPads and similar devices, and interactive plugins distributed on other websites (“Applications”). Upon first use of such Applications, you agree to these Terms of Use and any other agreements required to download the Applications.   You also agree that such information as the device on which  you access the Applications, your mobile carrier, internet access provider, physical location, and geographical location may be communicated to us. If you change telephone numbers or deactivate your mobile Account, please ensure that you update your Account information to reflect such a change.   Failure to do so is solely your responsibility, as will is your responsibility for any and all charges or fees related to your use of the Applications on your mobile device(s).

 

  1. Governing Law and Venue. These Terms of Use and any dispute between you and CMedcare shall be governed by and construed in accordance with the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. Copyright issues are an exception, as copyright is governed by the laws of the United States. Venue for all litigation, including copyright issues, is proper in federal and state courts located in Miami-Dade County, Florida.
  2. International Use. Although this Site, App, and Offerings may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site, App, or Offerings from other locations do so on their own initiative and at their own risk. If you choose to access this Site, App and Offerings from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
  3. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE OFFERINGS, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement.
  4. Customer Service. CMedcare provides assistance to its Users through its customer care representatives. Communications between you and our customer care representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our customer care representatives. We reserve the right to immediately terminate your Account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our customer care representatives in any way.
  5. Savings Clause. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  6. No Waiver. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
  7. Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site and Appsis in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

EFFECTIVE:  01/03/18

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