Terms and Conditions
Last Updated: March 2, 2018
Welcome to MediBookr. Medibookr.com (including Koolocal, Inc., “MediBookr,” “we” or “us”) provides MediBookr.com, a subdomain of any such website, any mobile application for such website or any other website operated by MediBookr (collectively, with the services offered by MediBookr, through and the features of, the proceeding, the “Site”) subject to the following conditions.
Section 1.2 MediBookr’s Service. We wish to make it easy for consumers (the “Customers”) to quickly search for services and focus the results using our filtering tools (the “Services”), whether physicians, facilities such as imaging centers, labs tests, urgent care clinics, or surgery centers (the “Providers”) through appearances, listings or promotions (each, a “Listing” or “Listed”) on the Site. Customers and Providers are referred to in these Terms and Conditions as “Users” or “you.” We urge all Users to be responsible about their use of the Site and any transaction entered into as a result of either posting a Listing, booking an appointment or purchasing or selling a service.
II. TRANSACTIONS AND USE OF THE SITE
Section 2.1 Customer Registration.
(b) Registration and Account Information. The Customer shall be responsible for maintaining the confidentiality of its account information and password and will be solely liable for all actions taken via its account and under its password, whether or not made with its knowledge or authority.
Section 2.2 Relationship between MediBookr, Customers and Providers.
(a) Provider Responsibility. The Provider is solely responsible for performing or providing the purchased service. The Provider is fully responsible for all services it performs for or provides to a Customer and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause a Customer to suffer, directly or indirectly, in full or in part, whether related to the purchase, sale, performance or provision of a service or not. The Customer waives and releases MediBookr and its subsidiaries, affiliates, partners, officers, directors, employees, representatives and agents (the “Released Parties”) from any Liabilities arising from or related to any act or omission of a Provider in connection with the Customer’s use of the Site or the Customer’s purchase, sale, performance, provision or acceptance of a Service.
(b) Provider Regulatory Issues. Providers may advertise services on the Site that may require an up-to-date regulatory authorization, license, or certification. We do not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Provider. The Customer should make whatever investigation or other resources that it deems necessary or appropriate before purchasing any service or other promotional offers to determine if a Provider is qualified to perform the advertised or Listed service. The Provider is solely responsible for the care and quality of goods and services being provided. We do not, will not and cannot refer, recommend or endorse any specific professional, services, products, or procedures that are Listed on the Site. The Site is not intended to be a substitute for professional advice, including medical and health advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out, delay or disregard professional advice relating to your health because of something you have read on the Site.
(c) MediBookr’s Role. We will provide assistance to help the Customer understand his or her health care coverage and payment options. Advice, interpretations, opinions or statements by MediBookr regarding health care coverage and/or payment options are solely provided to assist the Customer with his or her decision making and are based on MediBookr’s review of information available to it regarding his or her plan (which may or may not be complete and/or current) and information provided to MediBookr by or on behalf of the Customer. The ultimate decision on whether a procedure or drug is covered, and to what extent coverage may be provided, rests solely with the Customer’s benefit, health, insurance or other plan or arrangement. Each User hereby acknowledges and agrees that, except as otherwise explicitly set forth in a Listing, (i) we do not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of any interest in any service; (ii) we do not engage in or have any responsibility for reviewing information contained within a Listing in any manner; (iii) the decision to purchase or sell a service is entirely in the User’s discretion, and we do not induce or attempt to induce any User to purchase or sell any service; (iv) the prices provided by a Listing or service may often exclude expenses or fees which may be added to the final sale price at the time of payment; (v) we do not guarantee any quality, price, service, or product offered by a Provider; and (vi) any cost or pricing information available through the Site, including any information regarding the amounts the Customer and his or her benefit, health, insurance or other plan or arrangement might be expected to pay to a Provider, is provided by MediBookr as an estimate based on information obtained from a variety of sources and a variety of factors considered by MediBookr and is not intended as a representation or guarantee as to the specific pricing applicable to particular procedures or Customers for a given Provider. MediBookr does not ensure the availability of methods of payment with any Provider or any benefit, health, insurance or other plan or arrangement, and it is the User’s responsibility to verify how a Provider would process and charge for Services, including processing and charging through the User’s insurance plan or self-pay, cash or through another method, and how pricing and availability may be impacted by the method and party of payment. MediBookr does not process payment or secure payment terms with any Provider or any benefit, health, insurance or other plan or arrangement. It is the User’s sole responsibility to arrange payment terms with a Provider and any benefit, health, insurance or other plan or arrangement, including but not limited to the terms and effects of third-party payment for such Services or the availability and use of “cash rate” payment arrangements for such Services. The information provided on the Site is FOR INFORMATIONAL PURPOSES ONLY. The prices listed are estimates based on information obtained from a variety of sources, and actual costs may vary based on factors such as the reason for a visit or a health plan design, deductibles/co-insurance and out-of-pocket limits. Please note that many Providers practice at multiple locations, and costs can vary based on the location where services are provided. In addition, prices may vary due to changes in Provider or health plan pricing or policies.
(d) Availability of Providers. We regularly add Providers to our Listings, and at times Providers may choose to leave our Site. As a result, we cannot guarantee that a listed Provider at the time of a search will be available to Users at the time the Customer attempts to schedule service.
(e) Plan Network Status. MediBookr does not ensure in-network status of any Provider, nor does it assure that the data displayed in a Listing or otherwise on the Site matches a User’s benefit package. Terms such as “Insurance”, “Out of Pocket Est.” and others regarding pricing under any benefit, health, insurance or other plan or arrangement relates to general estimate for Services based on a variety of sources and a variety of factors considered by MediBookr and is not intended as a representation or guarantee as to the specific pricing or terms (including but not limited to “in-network” status) applicable to particular procedures or Customers for a given Provider or benefit, health, insurance or other plan or arrangement.
(f) We Do Not Provide Medical Advice. The information obtained or received from us, the Released Parties and our contractors, partners, sponsors, advertisers, licensors or otherwise through the Site and/or the Services is for informational purposes only. All medically related information, including but not limited to information shared via the Site and/or the Services, comes from independent healthcare professionals and other organizations and is for information purposes only.
THE INFORMATION, WHETHER SUCH INFORMATION IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MEDIBOOKR, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 9-1-1. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
(g) No Doctor-Patient Relationship.
(i) NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE SITE AND/OR THE SERVICES OR ANY OTHER ASSISTANCE WE MAY PROVIDE TO HELP CUSTOMERS FIND AN APPROPRIATE PROVIDER IN ANY FIELD.
(ii) We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.
(iii) The Customer is strongly advised to perform his or her own investigation prior to selecting a Provider by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Provider by confirming with the Provider’s office, current Providers, the medical association(s) relevant to the Provider’s specialty and the applicable state medical board(s).
(h) Protected Health Information. Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of the demographic, health and/or health-related information that we receive as part of in connection with Listings may be considered “protected health information” or “PHI”. We may only use and disclose PHI in the ways permitted by HIPPA. Use of the Site and the Listings may involve electronic disclosure of PHI to Providers. By agreeing to these Terms and Conditions, the Customer authorizes us to electronically disclose this information with such Providers in each instance.
(i) Sponsored Results. We may show sponsored results on the Site, including at the top of search results (“Sponsored Results”). We may receive additional fees from Providers or healthcare organizations for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation of the Provider or healthcare organizations.
Section 2.3 Provider Use of the Site.
(a) Registration Process. The Provider must register to access and use the Site, which shall include providing any and all information required by MediBookr during the registration process on the Site.
(b) Registration and Account Information.
(i) The Provider represents that any information it provides during registration or at any time thereafter is true, correct and complete and that it will update all such information as necessary to maintain the accuracy, completeness and truth of such information. Failure to do so shall constitute a breach of these Terms and Conditions. The Provider agrees to promptly provide to MediBookr such additional information relating to the Provider, its business and its ability to provide the Services described in a Listing and to comply with the terms of these Terms and Conditions as MediBookr may request. Notwithstanding the foregoing, the Provider acknowledges and agrees that, unless otherwise expressly agreed between the Provider and MediBookr in writing, any cost or pricing information available through the Site is provided by MediBookr as an estimate based on information obtained from a variety of sources and a variety of factors considered by MediBookr and is not intended as a representation or guarantee as to the specific pricing applicable to particular procedures or Customers for a given Provider, and that the Provider may have pricing for a particular service or Customer that varies from the price stated in a particular Listing.
(ii) The Provider shall be responsible for maintaining the confidentiality of its account information and password and will be solely liable for all actions taken via its account and under its password, whether or not made with its knowledge or authority.
(c) Responsibility for Listings and Provider Information.
(i) All Listings on the Site are the sole responsibility of the Provider, and MediBookr specifically disclaims any and all liability arising from the alleged accuracy of the availability, copy, content, guest book entries, pricing (subject to the provisions of Section 2.2(c) through (e) and Section 2.3(b) above), ratings, reviews or suitability information published on the Site or any alleged breaches of contract on the Provider’s part. The Provider is solely responsible for keeping its business, identification and Listing information up-to-date on the Site. MediBookr does not represent or warrant that any of the availability, copy, content, guest book entries, pricing, ratings, reviews or suitability information published on the Site is accurate or up-to-date even in the case where prospective Customers have searched for specific special offers, dates or types of Services.
(ii) All content and copy edits submitted by the Provider are subject to review and approval by MediBookr in its sole discretion. MediBookr reserves the right to refuse to publish or to remove any content that it determines, in its sole discretion, does not meet the terms of these Terms and Conditions or is otherwise unacceptable to it. However, MediBookr assumes no duty to review content, and MediBookr shall not have any liability for any loss or damage resulting from the content, design or positioning of a Listing or other information about the Provider or its business. All content must meet the terms and conditions of these Terms and Conditions. MediBookr reserves the right to edit content submitted to the Site to cause such content to comply with its content requirements or formatting requirements. The Provider is responsible for reviewing and ensuring that any content displayed on the Site appears as the Provider intended.
(d) Responsibility for Service Fulfillment. The Provider is responsible for ensuring that it can provide or perform the Services and for communicating changes directly to the Customers.
(e) Third Party and Affiliate Websites and Apps. MediBookr may publish or promote any information acquired under or contemplated by these Terms and Conditions on any third-party websites or mobile apps. MediBookr may, but is in no way obligated to, make it possible to distribute Listings through an embedded widget or Application Program Interface (API) on third-party websites or mobile apps.
(f) Listing Results. Unless otherwise agreed between the Provider and MediBookr, MediBookr cannot guarantee that a Listing will appear in any specific order in search results on the Site, and the order will fluctuate based on a variety of factors such as search parameters or other factors as MediBookr may define from time to time, such as the price, location, rating of a Listing or other criteria selected by a Customer. If the Provider chooses a positioning option through the Site in connection with its Listing settings or purchases the right to advertise its Listing, the Provider will have their Listing appear in accordance with the Listing settings or the terms of the advertising agreement, as applicable, provided, however, that in any case the specific spot on the Site may also vary depending on a variety of factors.
(g) Listing Termination. MediBookr may terminate the publication or promotion of a Listing at any time.
(h) Compliance with Laws. The Provider agrees that it is responsible for and agrees to abide by all laws, rules and regulations applicable to the Listing and the Services and the conduct of its business, including but not limited to credit card, data and privacy laws (including but not limited to HIPPA), rules and regulations, taxes, permit or license requirements and safety compliance, as applicable. MediBookr assumes no liability for legal or regulatory compliance pertaining to Listings or Services. There may be circumstances where MediBookr is nevertheless legally obligated (as it may determine in its sole discretion) to provide information relating to a Listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and MediBookr may choose to comply with or cause the Provider to comply with such obligation, determined in MediBookr’s sole discretion.
III. MATTERS RELATING TO THE SITE AND OUR SERVICES
Section 3.1 Ownership of the Site.
(a) Intellectual Property Available on the Site. We own all rights, titles, and interests in the Site, all content, material, and trademarks presented on the Site or transferred thereby (excluding any licensed Provider Marks), and any software (the “Software”), technology or tools used by MediBookr to promote, market, sell, generate or distribute the Listings or services, as applicable, and all intellectual property rights related thereto (collectively the “IP”). Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such intellectual property rights and the Users may not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, adapt, edit, modify or timeshare the IP or any portion thereof, or use such IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. The Users may not prepare any derivative work based on the IP. The Users may not translate, reverse engineer, decompile or disassemble the IP. The Site is controlled and operated by MediBookr or an affiliate of MediBookr. Your use of the IP is governed by these Terms and Conditions and the terms of any additional license agreement that accompanies or is included with such IP. If the IP is not accompanied by an additional license agreement, we hereby grant you a limited, personal, nontransferable license to use the IP for viewing and using the Site in accordance with these Terms and Conditions and for no other purpose. THE IP IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH IP. COPYING OR REPRODUCING ANY IP AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH IP.
(b) Permitted Use.
(i) The content and information on the Site as well as the infrastructure used to provide both, is the exclusive property of and proprietary to MediBookr. We grant you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to these Terms and Conditions and to any additional terms and policies set forth by us. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any data, content, information, software, products or services obtained from or through the Site without our express permission. In addition, you may not make any use that exceeds or violates these Terms and Conditions.
(ii) You agree not to do any of the following, unless otherwise previously authorized by us in writing: any commercial use (other than by Providers who have duly and correctly registered with the Site and have agreed to these Terms and Conditions); copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever; except as specifically provided by these Terms and Conditions, reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; deep-link to any portion of the Site without our express written permission; modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site; reverse engineer any part of the Site; sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties; use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site; use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
(c) Access to the Site. We retain the right at our sole discretion to deny service, or access to the Site or an account to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.
(d) Changes to the Site. We have the right to change or modify, upgrade, add to, or discontinue the Site or any portion or feature thereof at any time without notice. We also reserve the right to assign any rights, licenses, or obligations arising out of or relating to these Terms and Conditions or to the Sites without restriction.
(e) User Reviews. User reviews submitted through the Site are considered informational only and are not intended to, and do not, constitute professional advice with respect to the information provided. User reviews are based on personal experiences of Users that may not be complete, comprehensive, representative of, or applicable to your individual circumstances. Please consult your health care Provider, health plan, advisor, broker or other relevant professional regarding your specific situation. Should you choose to submit a user review to the Service, you agree that: (i) you will not submit with your user review any PHI or other personally identifiable information relating to you or any other individual which, together with other information, may be used to identify you or any other individual; (b) your user review is accurate and does not violate these Terms and Conditions; (c) you own or otherwise control and are responsible for the content of your review and assume all risks associated therewith, including anyone’s reliance on its accuracy, quality or reliability; and (d) MediBookr retains the absolute right and sole discretion to display, edit, post, publish, reinstate or remove your review without notice to you.
Section 3.2 Links to Third Party Sites. The Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools or services to allow interaction between the Site and a third party site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms and Conditions.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:
which users gain access to the Site and/or the Services;
what content you access via the Site and/or the Services;
what effects the content on the Site and/or the Services may have on you;
how you may interpret or use the content on the Site and/or the Services; or
what actions you may take as a result of having been exposed to the content on the Site and/or the Services.
You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
MediBookr disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the MediBookr results or posted on the Site by MediBookr or third parties. MediBookr disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. MediBookr disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the MediBookr site or on other sites on the Internet accessed through MediBookr.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MEDIBOOKR SERVICES OR SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
V. INDEMNIFICATION AND LIMITS OF LIABILITY
Section 5.1 Indemnification. You agree to defend, indemnify and hold the Released Parties harmless from and against any claims, actions, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to attorney’s fees and costs) arising out of or relating to (a) your use of and access to the Site, including any data or content transmitted or received by you; (b) your violation of any term of these Terms and Conditions, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule or regulation; (e) any information or content that is submitted to or through the Site via your account, including without limitation misleading, false or inaccurate information; (f) your negligent or willful misconduct; and (g) any other party’s access and use of the Site with your unique account information, password or other appropriate security code.
You are solely responsible for your interactions with other users of the Site. To the extent permitted under applicable laws, you hereby release MediBookr from any and all claims or liability related to any service of a Provider, any action or inaction by a User, including failure to comply with applicable law or any user’s failure to abide by the terms of MediBookr and any conduct, speech, or statements, whether online or offline, of any other user.
Section 5.2 Limitations on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIBOOKR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES, OR (b) $100.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MEDIBOOKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL WE 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/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL MEDIBOOKR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. 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.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Section 6.1 Assignment. We may assign these Terms and Conditions in our sole discretion, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You must obtain our prior written consent to assign these Terms and Conditions, which may be granted or withheld by us in our sole discretion.
Section 6.2 Amendments. We reserve the right at all times to discontinue or modify any part of these Terms and Conditions as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending you an email to the email address that is registered with your account or by posting notice of the change on the Site. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of these Terms and Conditions or other applicable agreement and agreement to abide and be bound by these Terms and Conditions or other applicable agreement, as amended. We suggest that you revisit these Terms and Conditions from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
Section 6.3 Notices. Except as explicitly stated otherwise, any notices to us shall be given by email to email@example.com or by postal mail to:
Attn: Customer Service
c/o Law Office of Douglas M. Berman, PLLC
4925 Greenville Ave., Suite 200
Dallas, Texas 75206
Notice to the User will be sent to the email address provided to the Site by the Provider during the registration process or as later updated in its account.
Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give notice to you by postal mail, certified mail or courier service, to any physical or electronic address provided by the User during the registration process or as later updated in its account. In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
Section 6.4 Governing Law. These Terms and Conditions shall be construed and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of these Terms and Conditions shall be governed by, the laws of the State of Texas, without giving effect to provisions thereof regarding conflict of laws. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms and Conditions shall be brought against any of the parties in the courts of the State of Texas, County of Dallas, or, if it has or can acquire jurisdiction, in the United States District Court for the District which includes the County of Dallas, and each of the parties hereby irrevocably and unconditionally consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding, waives any objection to venue laid therein and agrees not to commence any action, suit or proceeding relating thereto except in such courts. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.
Section 6.5 Enforcement of These Terms and Conditions. We may immediately terminate the User’s access to or use of the Site due to such User’s breach of these Terms and Conditions or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms and Conditions. Any failure to take immediate action with respect to a breach by the User or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms and Conditions does not limit our rights with respect to actions it may take in response to any other similar or different type of breach.
Section 6.6 Severability. If any portion of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Further, any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Section 6.8 Headings. Headings in these Terms and Conditions are for reference only and do not limit the scope or extent of such section.
Section 6.9 Termination. We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms and Conditions or other policies and terms posted on the Site or through the Services by you or by someone using your user name and password. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. We shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). Articles I, IV, V and VI shall survive any termination or expiration of these Terms and Conditions.
BY ACCESSING THE SITE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY MEDIBOOKR SERVICE OFFERED THROUGH THE SITE.