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General
Disclaimer By using this site, you signify your assent to these Terms and Conditions of Use and any future modifications. If you do not agree to these Terms and Conditions of Use, you may not use the site. Primary Membership Services By registering with WorldMedcard, you authorize VRSurgeon to maintain your medical information on our online database. VRSurgeon reserves the right to remove your Primary Medical File and all other information from our database and server and terminate your access to and use of the Web site and all other services, without any further notice or any liability to you or any third party. Specialty Services and Fees You may elect, during the initial registration or at any time thereafter, to purchase additional Specialty Services, such as adding family members as new registrants. If you purchase Specialty Services as part of your initial registration, the Fees for these Specialty Services will be billed to your credit card along with the Service Fee for your Primary Membership. The Service Term for each new membership shall begin from the date of the membership. If you purchase Specialty Services after completion of the initial registration, your credit card will be billed separately for the Specialty Services Fees. You will be notified of these services at a later time. The fee for all WorldMedcard Services you select for your Specialty Services shall be specified and accepted by you at the time of registration for these services at a later time (the "Specialty Service Fee"). Service Term The term for all WorldMedcard Services you select for your Primary Membership shall be specified and accepted by you at the initial registration (the "Service Term"). Copyright Notice VRSurgeon owns the copyright to all original material contained in this Web site. This material is copyright 2005-2008 VRSurgeon, Inc. The web site content may not be reproduced or used without the prior express written permission of VRSurgeon. Trademarks: VRSurgeon, WorldMedcard, Dogmedcard, Catmedcard, WorldMedcard are trademarks of VRSurgeon, Inc. These trademarks may not be used in connection with any product or service that is not VRSurgeon’s, in any manner that is likely to cause confusion among consumers, in any manner that dilutes VRSurgeon’s rights, or in any manner that disparages or discredits VRSurgeon. All other trademarks not owned by VRSurgeon that appear on the web site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by VRSurgeon. Termination You agree that WorldMedcard may restrict or terminate your use of the Web site or any other service of WorldMedcard for any reason, with or without notice to you. You agree that WorldMedcard may modify or discontinue WorldMedcard, with or without notice to you. WorldMedcard or VRSurgeon shall not be liable to you or any third party for any claim or cause of action arising out of such termination, restriction, modification or discontinuance. You agree that should you terminate your membership, online access to your WorldMedcard account and records ceases as of the date of termination. After 30 days from the date of termination VRSurgeon shall delete your WorldMedcard account and all records from the server. You agree that WorldMedcard is under no obligation to keep your account information and records subsequent to termination. Furthermore, you release WorldMedcard from any and all responsibility and/or liability due to the accessibility and use, or lack thereof, of your account and records subsequent to termination. Disclaimer of Warranties The information on this site is intended for general information purposes only and is not intended to replace the services of a trained healthcare professional. WorldMedcard cannot render medical or any other advice. All information, including your Medical Profile and your Medical Records, are provided to WorldMedcard by you and/or your healthcare provider at your request. WorldMedcard does not inspect these records for completeness or accuracy. Notwithstanding any other statement on the WorldMedcard Web site, WorldMedcard makes no warranties of any kind, either express or implied, regarding and including, but not limited to, the completeness, accuracy, reliability or availability of information or material stored by WorldMedcard or otherwise available through WorldMedcard The WorldMedcard service and everything on the Web site is provided to you "as is" and "as available". WorldMedcard makes no representations or warranties of any kind with respect to its services, the web site or its content. WorldMedcard does not warrant that its Web site is free of viruses or other harmful components that may affect your computer. Access to information on the WorldMedcard web site depends upon operation of Internet and telecommunications facilities which are not owned or controlled by WorldMedcard or VRSurgeon. WorldMedcard and VRSurgeon therefore assumes no liability for any transmission delay, service interruption, data corruption or other problem connected with accessing the WorldMedcard Web site. WorldMedcard and VRSurgeon disclaims all representations and warranties, including, for example warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, no information, whether oral or written, obtained from you by WorldMedcard and VRSurgeon or its agents or employees shall create any warranty not expressly made in these Terms & Conditions. If any applicable authority holds any portion of this section to be unenforceable, then warranties will be disclaimed to the fullest possible extent permitted by applicable law. Due to the source of and variations in the documents supplied to us by you and your physician, any and all documents in your file are for reference purposes only. No documents should be considered diagnostic or clinical quality, nor should they be used for diagnostic or clinical evaluation. You fully understand that your medical record may contain mental health, development disabilities, alcohol/substance abuse, AIDS/HIV test results and/or other private and confidential information. WorldMedcard and VRSurgeon does not edit, redact or otherwise alter or delete any information from the medical file provided by you or your physician prior to or after incorporation into your Medical File. You are responsible for maintaining the confidentiality of your Username and Password. Limitation of Liability Except as expressly otherwise provided by law, VRSurgeon’s total liability to you for all claims arising from the use of the WorldMedcard Web site and any information provided herein is limited to $100, and neither VRSurgeon (including its related companies and each of their respective directors, officers, employees and agents) nor any other party involved in creating, producing or hosting the Web site shall be liable to you or any third party for any direct, incidental, consequential or indirect damages resulting from access to, use of, or inability to use the Web site or the WorldMedcard information or materials, whether based on warranty, contract, tort, or any other theory or liability and without regard to any negligence of WorldMedcard and VRSurgeon. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. You agree to indemnify and hold harmless VRSurgeon, its related companies and each of their respective officers, directors, employees, owners and agents from and against any third party claim or demand, including reasonable attorney’s fees, arising out of your use of the WorldMedcard Services or web site, you violation of these Terms & Conditions or your infringement of any right of any person. You agree to be solely responsible for your compliance with any applicable law governing your use of the WorldMedcard services. You understand and agree that if you want a person or organization to have access to your online Personal Medical File in an emergency or non-emergency situation, but you are unable to provide your personally selected Username and Password, the person or organization will not have access to your records. WorldMedcard and VRSurgeon will not provide access to your records except through the Username and Password. Your medical information may not be accessed by telephone. Advertising By using the WorldMedcard services, you consent to being subject to advertising material from VRSurgeon and Other parties. VRSurgeon and WorldMedcard do not guarantee the authenticity of material presented by advertisers, or are any other guarantees implied otherwise. The user in registering with WorldMedcard web site consents to the presentation of information to the user. The user consents to material being presented which may or may not be selected based on user preferences as determined by WorldMedcard or VRSurgeon. No medical information specific to any user will be released to advertisers or other entities. Electronic Communications By using the WorldMedcard services, you consent to receiving electronic communications from WorldMedcard and VRSurgeon. These communications will include notices about your account and information concerning the WorldMedcard services. You agree that any notice, agreements, disclosure or other communications that WorldMedcard and VRSurgeon sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. DISPUTE RESOLUTION If you have a
concern about online privacy that relates to these Terms and Conditions
or the WorldMedcard Privacy Policy and its implementation, please
send us an email at info@vrsurgeon.com
or contact us by mail to: VRSurgeon, Inc. 93 5 Mile Woods Road, Catskill,
NY 12414. VRSurgeon and WorldMedcard participates in the Council of
Better Business Bureau's BBBOnLine® Privacy Program, and
eligible online privacy complaints will be handled under the BBBOnLine
Privacy Program Dispute Resolution Process. Further information about
this program is available at www.bbbonline.org.All
other disputes arising from or related to these Terms & Conditions
or the WorldMedcard service shall be submitted to binding arbitration.
The arbitration shall take place in Ulster County, New York, before
an attorney or retired judge who is acceptable to the parties. If
the parties are unable to agree on an arbitrator, then an arbitrator
shall be appointed in accordance with New York State Law. The parties
will share equally in the fee of the arbitrator. Each party shall
bear its own other costs and attorneys’ fees associated with the arbitration.
Each party shall be entitled to inspect documents in the other party’s
possession or control prior to the hearing. The parties may obtain
additional pre-hearing discovery only by agreement or by applying
to the arbitrator, who shall rule on all discovery and procedural
issues. Please refer back to this page for the latest version of the VRSurgeon, Inc., WorldMedcard Terms of Use. |
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