Terms and Conditions of Use

Agreement:

This web site is an online communications and information service provided by MediGuide, LLC. ("MediGuide"), a privately held Delaware corporation. MediGuide and its four-color logo are protected service marks in the United States, all European Union nations, Canada, Brazil, Hong Kong, and the People’s Republic of China. The use of this web site is governed by the Terms & Conditions set forth below. By accessing or using this web site, to find information about physicians and health care facilities or for any other reason, you agree to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you may not access or use this web site. MediGuide reserves the right to make modifications, alterations, or other changes to this web site and to these Terms & Conditions at any time and without notice to users. You, as a user of this web site, accept the obligation to periodically review whether or not these Terms & Conditions have changed. Your continued use of this web site shall be deemed an acceptance and agreement to be bound by any such modifications, alterations, or changes.

Usage License

MediGuide grants you a license to use, through this web site, certain web pages, data, pictures, graphics, sound, text, and other items for your own informational and educational purposes. You may access this web site from a single computer for your non-commercial, personal use only, and agree to be bound by all applicable copyright law. You may print or electronically reproduce one copy of information provided in this web site solely for your own personal use. Reprinting, archiving, electronic or printed distribution, or any other reproduction of any materials on this web site are expressly prohibited. Your use of this web site is entirely at your own risk and it is your sole responsibility to evaluate whether information or services provided by MediGuide are accurate, complete, and current. While MediGuide frequently updates its records, physician and health care facility information changes rapidly and therefore some listings may be out of date. You acknowledge that MediGuide, from time to time, makes use of information received from third parties.

Credit Transactions

If you elect to pay for any service hereunder through your credit card, we, in our sole discretion, reserve the right to accept payment from your credit card. By requesting the credit card payment option, you hereby authorize us to bill and charge the credit card indicated in your order, for any fees and/or any other amounts provided for in your order, as the same become due and payable. In the event we elect to so accept payment, we shall debit the applicable amounts from your credit card. In the event that your credit card expires or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you immediately shall either (i) furnish in writing to us a valid credit card account number, or (ii) make payment to us in other immediately available funds, whether by check or otherwise.

Limitations and Disclaimers

This web site and all associated MediGuide services are provided to you "as is", without any warranties of any kind, express or implied. MediGuide disclaims all warranties, including the warranties of non-infringement, merchantability, and fitness for any particular purpose. MEDIGUIDE AMERICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING THOSE RESULTING FROM THE USE OR THE INABILITY TO USE THIS WEB SITE OR ANY ASSOCIATED MEDIGUIDE AMERICA SERVICES. THIS WEB SITE OR ANY ASSOCIATED MEDIGUIDE AMERICA SERVICES DO NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THIS WEB SITE OR ANY ASSOCIATED SERVICES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. ADVICE RECEIVED USING THIS WEB SITE SHOULD NOT BE RELIED UPON FOR MEDICAL, FINANCIAL, OR LEGAL DECISIONS AND YOU SHOULD CONSULT WITH A PROFESSIONAL FOR SPECIFIC AND CUSTOMIZED ADVICE. ADDITIONAL FEES WILL APPLY IN CASES OF DIAGNOSED CONDITIONS THAT PRECEDED THE MEMBERSHIP START DATE. MediGuide will not be liable for any punitive, special, consequential, or incidental damages of any kind, including but not limited to damages for loss of profits, data, use, or other intangibles, even if MediGuide has been advised of such damages.

Second Opinion Services

This service provided through MediGuide is different from the diagnostic services typically provided by a physician. Participating medical centers and physicians providing this service will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the physician may not be aware of facts or information that would affect his or her opinion of your diagnosis. In some cases, the facts may be critical to the opinion. TO REDUCE THE RISK TO YOU OF THIS LIMITATION, MEDIGUIDE AMERICA STRONGLY ENCOURAGES YOU TO DISCUSS THE SECOND OPINION WITH YOUR PHYSICIAN. BY DECIDING TO ENGAGE THIS SERVICE, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THIS LIMITATION AND AGREE TO SOLELY ASSUME THE RISK OF THIS LIMITATION. BY REQUESTING A SECOND OPINION THROUGH MEDIGUIDE AMERICA, YOU ACKNOWLEDGE AND AGREE THAT: THE DIAGNOSIS THAT YOU WILL RECEIVE IS LIMITED AND PROVISIONAL; * THE SECOND OPINION IS NOT INTENDED TO REPLACE A FULL MEDICAL EVALUATION OR A FACE-TO-FACE VISIT WITH A PHYSICIAN; THE PHYSICIAN DOES NOT HAVE IMPORTANT INFORMATION THAT IS USUALLY OBTAINED THROUGH A PHYSICAL EXAMINATION; THE ABSENCE OF A PHYSICAL EXAMINATION WILL AFFECT THE PHYSICIAN'S ABILITY TO DIAGNOSE MY CONDITION, DISEASE OR INJURY; BY ENGAGING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO SOLELY ASSUME THE RISK OF THESE LIMITATIONS. YOU FURTHER UNDERSTAND THAT NO WARRANTY OR GUARANTEE HAS BEEN MADE TO YOU CONCERNING ANY PARTICULAR RESULT OR CURE OF YOUR CONDITION.

Indemnification

You shall indemnify, defend, and hold harmless MediGuide, its partners and suppliers, against any losses, expenses, costs, or damages incurred as a result of your noncompliance with these Terms & Conditions, or your unauthorized use of this web site or any associated MediGuide services.

Termination

MediGuide may terminate your license and right to use this web site at any time and without notice. MediGuide will terminate your right to use this web site or any associated MediGuide services if it becomes aware that you are acting in violation of applicable copyright laws, if you violate any of these Terms & Conditions, or are in noncompliance with any other policy that MediGuide posts or makes its users aware of.

Links from this Web Site

This web site and associated MediGuide services may contain links to web sites operated by third parties. Any such links are provided for your convenience only. MediGuide does not control such web sites and is not responsible for the content and performance of such web sites or for your transactions with them. Our inclusion of links to such web sites does not imply any endorsement of any materials posted or any services associated with such web sites, or any association with their owners or operators.

Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the United States of America and the State of Delaware. You hereby agree that the courts located in the State of Delaware will constitute the only forum for the resolution of any and all disputes arising out of or in connection with these Terms & Conditions. Regardless of the location from where you access or use this web site or any associated MediGuide service, you agree to comply with all applicable local and international laws and regulations.

These Terms & Conditions have been in effect since March 1, 2003.