Terms and Conditions for Patients

MEDEZON - Terms of Use Agreement

Welcome to the Medezon.com website (the "Website"). This Website is provided primarily to assist customers in gathering healthcare information, determining the options of healthcare related goods and services, making legitimate appointments or otherwise transacting business with healthcare providers, and for no other purposes. The terms "we", "us", "our" and "Medezon" refer to Medezon, a California based Limited Liability Corporation and its affiliated subsidiaries. The term "you", “user”, “registered user” refers to the customer visiting the Website and/or scheduling a service through us on this Website, or through our customer service agents.

Please read all terms and conditions of use carefully before using this website. The following terms and conditions constitute an agreement between you and Medezon, LLC. This agreement (the “Terms of Use Agreement”) governs your use of the Site, both as a casual visitor and as a registered user.

If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the Medezon website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

1. Introduction

Medezon provides healthcare consumers with choices available in the market in non-emergency care service. Patients may search or submit a “request for service” (referred to health service) from healthcare providers who offer these services at specified prices. Medezon provides information which may facilitate an informed choice by patients. Patients may use Medezon to aid independent assessment of particular physicians and health care facilities, laboratories, radiological and outpatient surgical facilities and other providers of healthcare services (collectively, “Healthcare Providers”)

To enable such assessment, MEDEZON includes profiles, objective and subjective ratings, feedback, comments, materials and other informative details about the Healthcare Providers. The information used to drive the MEDEZON database is compiled from primary sources, and databases, then processed using various empirical algorithms, and presented to the user.

The choice of a Medical Professional or Healthcare Facility is your own. The Web Site is not responsible for sending you to, referring you to or making recommendations about a doctor, a professional practice or health insurance company.

2. Ownership

The Medezon website (site) is owned and operated by Medezon, a California based Limited Liability Corporation and its affiliated subsidiaries. The user is granted access to and use of MEDEZON and MEDEZON health information exchange, including the profiles, objective and subjective ratings, feedback, comments, indexes, scorecards, materials and other informative details about the Healthcare Providers and any other content (collectively, "Content") available on or through MEDEZON and MEDEZON health information exchange. For convenience, MEDEZON and MEDEZON health information exchange are referred to hereinafter collectively as MEDEZON. Medezon owns or has license to the intellectual property which when assembled creates the Content appearing on the Medezon site, or we clearly reference information to be in the public domain. Under this User Agreement, you may use Medezon site only for your own lawful purpose. Any other use of the Site or its Content (such as reproduction, resale, republication, redistribution or retransmission or the generation of derivative work) is strictly prohibited.

3. Use of the Website

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have a Medezon account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.

4. General Disclaimer: THE SITE DOES NOT PROVIDE MEDICAL ADVICE

If you think you may have a medical emergency, call your doctor or 911 immediately.

The contents of the Medezon website, including but not limited to all text, graphics, images, information, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design, structure, "look and feel" and other material ("Content") contained on the site are for informational, educational and general research purposes only. The Web site will not diagnose any medical condition nor make any recommendations, suggestions for treatment or provide any opinions. The information provided through the website does not represent or constitute diagnosis or treatment with respect to any particular patient. Only a licensed, qualified medical professional treating you is qualified to make specific recommendations regarding an appropriate course of therapy, treatment or procedure. The Company and/or the website does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by the Company, the Site, employees, others appearing on the Site or other visitors to the Site is solely at your own risk. Never disregard professional medical advice or delay in seeking medical advice because of something that you have read on the Website.

THE COMPANY ASSUMES NO RESPONSIBILITY FOR HOW MATERIAL OR INFORMATION FROM OUR WEBSITE IS USED. THE COMPANY AND THE SITE EXPRESSLY DISCLAIM ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THIS WEBSITE AS A REFERENCE SOURCE, AND FOR INFORMATION PROVIDED BY HEALTH CARE PROVIDERS FEATURED ON THE WEBSITE, AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS INFORMATION, INCLUDING, BUT NOT LIMITED TO, MEDICAL MALPRACTICE CLAIMS.

5. Use of Content

Content may be viewed and/or printed on a screen-by-screen basis for individual personal use only and not for any commercial purpose if you include the following copyright notice: "Copyright – MEDEZON. All rights reserved" and other copyright and proprietary rights notices that were contained in the Content. Any special rules for the use of certain software and other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms of Use by reference.

The Contents of the Website are copyrighted materials owned or controlled by the Company and contain domain names, trademarks, service marks and trade names. The marks "Medezon.com", "Medezon.net", "Everything Medezon", "Everything for Medezon" and the Website logo are trademarks of the Company. The Content is protected by copyright under United States and foreign laws. Title to the Content remains with the Company or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of the Company. All rights not expressly granted herein are reserved to the Company and its licensors.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

6. Restriction on Use

Content of Medezon.com and its data, listings, physician information or other components may not be downloaded, republished, reproduced, reprinted, retransmitted, distributed, rebroadcast, disseminated, circulated, duplicated or resold in whole or in part, for commercial or any other purposes or for purposes of compiling or producing mailing lists or any other lists of physicians.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Company reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Company server, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Company, including any Company account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to the Website or to Company. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the Website, or with any other person’s use of the website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. You may not place any false or misleading material on the website.

7. Violation of these Terms of Use

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other Remedies company may have at law or in equity.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website, with or without cause. Termination for cause includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

8. Disclaimer of Warranties

The site is provided by Medezon, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Medezon, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Medezon, LLC shall have no liability for any interruptions in the use of this Website. Medezon, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

9. Limitations of Liability

MEDEZON, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MEDEZON, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MEDEZON, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

THE USE OF THE MEDEZON SITE AND THE CONTENT IS AT YOUR OWN RISK. COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE, BE UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CODE.

When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of the Company and its suppliers. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.

10. Editorial Content

The Company makes this Internet Site available as a service to consumers and health care professionals for the purposes of providing an informative and educational resource regarding Healthcare related evaluations and procedures, and to provide interested consumers with Internet access to medical resources and practitioners. One or more members of the Site’s editorial panel have reviewed this information and the editorial content is believed to be correct at the time of its publication.

It is important to note, however, that because of the normal changes and developments in medical science, research and clinical experience, the timeliness and accuracy of any or all of the information is not guaranteed. Neither the authors, the editorial panel, nor any other physician or party who has been involved in the preparation or publication of this work warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.

11. Advertisements and Links to Other Sites

For your convenience only, this Site contains paid or non-paid links to other sites. The Company and the Site do not endorse the content on any third-party Web sites. The Company is not responsible for the privacy practices, content, performance or transactions carried out on linked third-party sites, Sites framed within the Site, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party Web Sites is at your own risk and subject to the Terms of Use for such sites. The Company and the Site do not endorse any sponsor message, product and/or service advertised on the Site. We contract with sponsors/3rd party advertisers for a promotional fee that may or may not be based on the volume or value of any services or products that they may or may not provide to our users.

In addition, the existence of a link between this Site and any other Internet Web site is not and shall not be understood to be an endorsement by the Company of any material, substance, information or the owner or proprietor of the linked Internet Web site, and such link shall not imply nor create any relationship nor endorsement between the Company and the owner or proprietor of such linked Web Site.

Certain pages of our Site may have been created as a result of co-branding and/or promotional agreements with other Sites, sponsors and/or advertisers and will be identified as such. Information that may be gathered on those pages may be shared with our co-branding partners for the purposes clearly stated on those pages and limited to the extent necessary to fulfill your request for information, products or services.

12. Governing Law

Medezon LLC, is organized in the State of California, USA. This Agreement shall be construed and enforced in accordance with the laws of the San Mateo, California. In the event of a conflict between any provision of this Agreement and the governing laws of any other state, the provisions of this Agreement shall control and take precedence. If you access Medezon site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action brought in connection with the use of this site or the services offered at this site shall be brought in the state or federal courts located in San Mateo, California, USA.

13. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

14. Notification of Changes

If there is a change to the Terms and Conditions of Use, Medezon will post a notice on our Homepage so you will always be aware of the rules governing your use of our website. Your continued use of the website following notice of such modification indicated your acceptance of any such modification. It is the user's sole responsibility to check the area regularly to determine whether these provisions have been modified. If you do not agree to any modification of these provisions, you must immediately stop using the site.

15. Severability

Each provision of this Users Agreement shall be considered separable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceable or illegality shall not impair the operation of or affect those portions of this Agreement which are valid, enforceable and legal.

16. No Waiver

Medezon's failure to insist upon or enforce performance of any provision of this User Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any of these provisions.

17. Mediation and Arbitration

The parties agree that all controversies, disputes, and claims among the parties hereto arising out of this User Agreement, and all questions concerning the validity, interpretation and enforcement of this Agreement, shall be determined by arbitration conducted in accordance with this Section "Mediation and Arbitration". Any arbitration initiated under this User Agreement shall be conducted before a single neutral arbitrator appointed by the parties to the arbitration. For purposes of this User Agreement an arbitrator shall not be considered "neutral" if the arbitrator has previously served as an arbitrator for a dispute involving any party to the arbitration or is a present or former lawyer, employee or consultant of any party to the arbitration or an Affiliate of any such party. The arbitrator shall be knowledgeable in matters that are the subject of the dispute, and shall not have any current or past substantial business or financial relationships with any party to the arbitration. Any arbitration under this User Agreement shall be initiated by written request of the User to Medezon LLC. Copies of any such request shall be served on the other parties to the arbitration, and shall specify the issue or issues in dispute. Within (10) ten business days after receipt of such a request, authorized representatives of the parties to the arbitration shall confer and attempt to agree upon appointment of a single neutral arbitrator. If such agreement is not accomplished within (15) fifteen business days after receipt of such a request, any party to the arbitration may request the American Arbitration Association ("AAA") to administer the arbitration and to appoint an arbitrator in accordance with its Commercial Arbitration Rules, which rules shall govern the conduct of the arbitration in the absence of contrary agreement by all parties to the arbitration. An arbitrator appointed by the AAA shall be a neutral arbitrator, shall be knowledgeable in the matters that are the subject of the dispute, and shall not have any current or past substantial business or financial relationship with any party to the arbitration, all as more fully set forth above. Any arbitration hereunder shall be conducted in San Mateo, California unless otherwise agreed to by the parties to the arbitration. Unless otherwise agreed, the arbitrator shall render a decision within ninety (90) days of appointment and shall notify the parties to the arbitration in writing of such decision and the reasons therefore. Each party to the arbitration shall be responsible for its own costs, including attorneys' fees, incurred during the arbitration process and for one-half of the cost of the arbitrator.

The decision of the arbitrator shall be final and binding upon the parties to the arbitration, and judgment on the award may be entered in any court having jurisdiction. Nothing in this Section "Mediation and Arbitration" shall preclude, or be construed to preclude, the resort by any party hereto to a court of competent jurisdiction solely for the purposes of securing an injunction.

18. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

19. Modifications and Interruption to Service

Medezon reserves the right to modify or discontinue the Service with or without notice to the User. Medezon, LLC shall not be liable to User or any third party should Medezon exercise its right to modify or discontinue the Service. User acknowledges and accepts that Medezon does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

20. Trademark Notices

Medezon, LLC owns the names used for our products and services on Medezon site, and these names are protected by trademark laws in the US and internationally. No trademarks may be used or produced in any fashion without the express written consent of Medezon LLC. All other brand or product names are the trademarks or registered trademarks of their respective holders and are clearly referenced on the Site.

21. Anti Kickback Notice

You will not use this Web Site, in violation of any laws including without limitation, those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws. Any advertisement, links with other web sites, co-hosts or references to third parties are not endorsements of such third parties' products or services and are not intended to result in any referrals or compensation to you or Medezon LLC.

22. Termination

Medezon may terminate or limit your access or usage of the Web Site and the material at any time without notice, with or without cause and may also take any legal action we think is appropriate. If your violation of this Agreement causes harm to others, you hereby agree to hold Medezon harmless against any liability resulting from or arising out of that harm.

23. Entire Agreement

This agreement and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. 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. The failure of Medezon to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

24. Assignment

We may assign this contract at any time 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. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.

25. Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

Conclusion

Thank you for taking the time to read and your anticipated compliance with these Terms and Conditions of Use.

We hope you find Medezon site helpful and convenient to use. Questions or comments regarding this Site or the Site’s policies, terms, conditions or disclaimers, should be directed by electronic mail to support@Medezon.com.

DISCLAIMER

Medezon will not be dealing with or be responsible for any transactions with or related to Insurance companies. All users planning to use their insurance coverage will have to deal with their insurance providers or Third Party Adminstrators (TPAs) directly.

Last Updated on March 31, 2010