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PlacidWay Terms of Use

This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, (“You”) the visitor or member of our site, hereinafter referred to as the “Site”, and PlacidWay LLC, the limited liability company that serves as the owner and operator of this site.

 

As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not use any tool or service that this site provides. We reserve the right to amend or modify this Agreement at any time with no prior notice to you. You are asked to read this Agreement each time you use any of our tools or services or view any content present on our Site. Your usage of any tool or service of our Site or your viewing of any content on our site subsequent to our modification or change of any element of this Agreement is your express agreement that you agree to be bound by each and every term and condition of the new version of this Agreement. If you do not agree to be bound by all of these Terms, you may not access or use the Site.

 

You are granted a non-exclusive, non-transferable and revocable license to access and use this site according to the terms and conditions of this Agreement. You may use the site only for personal, non-commercial usage.

 

1. Eligibility. You must be at least eighteen (18) years of age to use the Site. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age, (ii) that you have not previously been suspended or removed from the Site, and (iii) that your registration and your use of the Site are in compliance with any and all applicable laws and regulations. If you are using the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.<

 

2. Disclaimer. We are not a medical referral service. We do not endorse, recommend, or approval any healthcare provider or any third party service provider of any nature. We provide you with information so that you can begin to conduct your own research into whether or not medical tourism is appropriate for you.  We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied.

 

The Site provides information services regarding health care issues with such information being provided on a global basis. We also provide transportation, housing and related travel services and information. We do not provide health care and we do not provide any medical advice regarding the nature of health care treatment available in any location, including health care services that may be available outside the United States of America. It is up to each individual who uses the tools and services that we provide to conduct their own comprehensive due diligence of any health service, care giver, physician or any other medial professional, medical facility, or health service prior to using such services. You, as our user, must agree to hold us harmless and to indemnify us from any claim of any nature arising from your use of our tools, services or your use of any health care professional, service or facility that you learn about via our website. Our site provides information only and we do not independently investigate any claims made by any third party that advertises on our site or regarding any information for any third party that is published on or via our website.

 

This Site does not provide medical advice of any nature. Please consult with your health care professional before using the services of any professional, facility or service that you learn about including any treatment, therapy or other medical procedures via our site. You must conduct sufficient personal research on your own so that you can make your own knowing and intelligent decision regarding whether or not you should travel abroad to receive medical care.  It is crucial that as part of your decision making process that you consult with your own physician or other licensed health care provider so that you may be fully informed about all the necessary facts and information required in order to make what may be the most important decision of your life.  Please consider asking your USA based physician or other licensed health care provider to directly speak to any physician or other health care provider and related facility director regarding any questions regarding the medical treatment that you may be considering undertaking abroad.

 

In order to assist you regarding making an informed decision, any medical care provider abroad will require your medical records so that they may be reviewed. We provide a forwarding service and will forward your electronic and paper medical records on your behalf to any foreign medical care providers that you have selected to review your medical history and present condition.  We do not review your medical documents as we are not a health care provider, we merely forward your documents via email attachment or via fax in the same way that you would send your materials if you were doing so yourself.

 

You agree to assume all responsibility regarding whatever decision you make about obtaining medical services abroad and you agree to hold us harmless from any claims arising from medical treatment that you receive abroad or consultations you receive from foreign medical care providers regardless of your location when you receive such a consultation.  Information that you view on our site may be inaccurate, incomplete or misleading. We do not screen the content that we provide on our site. Please use common sense when viewing any claims made by any third party that may be published on our site or that you may learn indirectly via our site and verify all claims with your own independent health care provider. We are not responsible for the claims of any advertisements that appear on our site.

 

3. Newsletter. We provide free monthly newsletter that you may subscribe to if you wish. You agree to independently investigate the claim of any third parties that you learn about in this newsletter and to refrain from seeking any professional care from any third party that you learn about in the newsletter unless you have first consulted with your own personal health care provider. We also allow our site users to request reception of information directly from foreign health care providers. In the event that you select to use that function, you agree to refrain from seeking any health care services from anyone who contacts you unless you have first consulted with your own health care service provider. Use of any health care provider that is not licensed within the United States of America is done so at your own sole risk and you agree to hold us harmless and to indemnify us from any loss, damages or injuries that you may sustain should you accept health care services from any entity, person, or facility outside the United States of America or any health care service provider or facility that is not duly licensed within the United States of America.

 

4. Third Party Services. PlacidWay may provide tools through the Site that enable you to export information, to third party services. By using these tools, you agree that we may transfer such information to the applicable third party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Site may also contain links to third-party websites and services (the “Linked Sites”). PlacidWay provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has PlacidWay reviewed or approved the content, advertising, products, services or other materials that appear on the Linked Sites. PlacidWay is not responsible for the Linked Sites, including the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that PlacidWay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the Linked Sites, including the advertising, products, services or other materials available on or through the Linked Sites. In the event you are the owner or a Linked Website and want to remove content related to a Linked Site, please contact us at info@placidway.com<

 

Websites and all such commercial publications may publish content on the Site under two circumstances:

  1. Prior approval is sought in writing, and approved in writing, by authorized personnel of PlacidWay.
  2. That subject references or links are done in a way that is fair and legal and does not in any way, whether directly or indirectly, damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link from any website that is not owned by and/or operated by you unless you have obtained our prior written permission.

 

We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

 

5. Prohibited Conduct. BY USING THE SITE YOU AGREE NOT TO:
  • use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
  • violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
  • post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  • interfere with security-related features of the Site, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Site or any part thereof except to the extent that such activity is expressly permitted by applicable law;
  • interfere with the operation of the Site or any user’s enjoyment of the Site, including by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Site, or (iii) attempting to collect, personal information about users or third parties without their consent;
  • perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Site accounts of others without permission, or falsifying your age or date of birth;
  • or sell or otherwise transfer the access granted herein or any Materials (as defined below) on the Site.
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    6. User Content.
  • General. You are prohibited from using negatively impacting language, profanity, racism, or any communication that would harm another user on our platform. Certain features of the Site may permit users to post content, including text messages, online messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively called, “User Content”) and to publish User Content on the Site. All User Content except personal information is the sole property of the Site. Any use of your User Content by PlacidWay may be without any compensation paid to you.
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  • Limited License Grant to Other Users. By posting and sharing User Content with another user of the Site, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Site.
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  • Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
    • You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize PlacidWay and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you and in the manner contemplated by PlacidWay and these Terms;
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    1. Content Disclaimer. We are under no obligation to edit or control User Content that you and other users post or publish. We do not endorse, represent, or guarantee the completeness, accuracy, reliability or usefulness of any User Content. We expressly disclaim any and all liability in connection with User Content. However, PlacidWay may at any time and without prior notice, remove any User Content that in our sole judgment violates these Terms. You understand that when using the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PlacidWay with respect to User Content.

     

    You further acknowledge that PlacidWay may review, monitor, edit, control, distribute, refuse to distribute, block access, re-format, alter, distort, delete or remove User Content in order to satisfy any applicable law, enforce our Terms, or protect the rights, property or safety of PlacidWay, PlacidWay users or any third party in our sole discretion. For additional details on our use of User Content, please review our Privacy Policy. Questions regarding User Content and the removal of User Content should be directed to info@PlacidWay.com.

     

    7. Termination. If you violate these Terms, your permission to use the Site will automatically terminate. Additionally, PlacidWay, in its sole discretion may terminate your user account on the Site or suspend or terminate your access to the Site at any time, with or without notice. We also reserve the right to modify the Site at any time without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may terminate your account at any time by contacting customer service at info@PlacidWay.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Site incurred prior to termination. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.<

     

    8. Intellectual Property Notices. You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature. All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.

     

    9. Ownership; Proprietary Rights. The Site is owned and operated by PlacidWay. The visual interfaces, graphics, design, reports, analyses, informational content, computer code (including source code or object code) and any other copyrighted materials, products, software, services, and all other elements or contents of the Site provided by or on behalf of PlacidWay (the “Materials”) are protected by all applicable intellectual property and proprietary rights laws. All Materials contained in the Site or as presented on any PlacidWay website, are the property of PlacidWay or our third-party licensors. EXCEPT AS EXPRESSLY AUTHORIZED IN WRITING BY PLACIDWAY OR AS PERMITTED ON THIS WEBSITE OR UNDER APPLICABLE LAW, YOU MAY NOT REPRODUCE, REPUBLISH, DISPLAY, OR OTHERWISE MAKE USE OF ANY MATERIALS INCLUDING MODIFYING, TRANSFORMING, TRANSLATING OR OTHERWISE USING PORTIONS OF THE MATERIALS FOR ANY REPUBLICATION PURPOSE, EITHER COMMERCIALLY OR FOR PRIVATE USE. If we determine, at our sole discretion, to grant you permission to republish the Materials, this permitted use of the Materials must cite PlacidWay (or its licensors) as the source and copyright holder of the Materials in accordance with attribution and copyright guidelines provided to you by PlacidWay. If we grant you republication rights, you are not able to use the Materials in any manner inconsistent with the written approval provided to you by PlacidWay. PlacidWay reserves all rights to the Materials not expressly granted in these Terms. PlacidWay does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that the PlacidWay promotes or endorses any third party’s causes, ideas, political campaigns, web sites, products or services, (b) copies, displays, disseminates or otherwise uses the Content without PlacidWay’s express written consent, or (c) uses the Content for commercial purposes. Furthermore, PlacidWay does not grant its consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms of Use). PlacidWay reserves the right to withdraw permission for any link at any time.<

     

    10. Indemnity. The PlacidWay site is not intended to provide professional medical, financial or other advice and is for informational purposes only. Information on the site should never be used as a substitute for professional advice. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify and hold harmless PlacidWay and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “PlacidWay Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Site; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.<

     

    11. Automatic Viewing or Usage of this Site. You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

     

    12. Purchases. Should you purchase a service or product from us, you agree to provide us with true, complete and correct credit information, that your credit card company will honor the charge you have placed against your account, that you will refrain from “charging back” the charge for any reason and that you will in fact pay for the product or service that you have ordered or placed, including all applicable taxes.

     

    13. Limitation of Liability. We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly. We are not responsible for any medical care or other professional care that you receive from any person, entity or business that you learn about via our site. You must conduct your own due diligence and investigation regarding the appropriateness of seeking professional care from any person, facility or entity that you learn about via our site prior to seeking such care. You are solely responsible for any loss or injury that occurs to you or any third party you share such information with should you or that third party seek the professional care offered by any person, facility or entity that you learn about via our site, whether directly or indirectly.

     

    14. Jurisdiction. This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Colorado, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Denver, Colorado, or any location closer to or within Kansas, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

     

    15. Foreign Usage. We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). Do not use this site if such usage violates the law of the jurisdiction in which you reside, including the laws of any state of the United States or any USA federal law or regulation.

     

    16. General Information. This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors. We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

     

    17. Notice. Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

     

    18. Force Majeure. Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
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