Terms Of Use
The use of Best4Med.com website (the "site"), constitutes your agreement to be bound by these terms and conditions of use. If you do not agree to be bound by these terms and conditions of use, you must not use or alternatively, terminates your use of this site immediately. The purpose of the Site: This Site is a service made available by Best4Med Ltd., (hereinafter referred to as "Best4Med.com"). The information in the Site is for educational purposes, and to give you general information and a general understanding of medical specialties, treatments, and medical faculteis in the world, and by no means to provide specific medical advice. "Sponsoring Physicians and medical students" refers to any Physicians and medical students, medical groups, doctors, nurses, specialists, etc., who appear on the Best4Med.com website via video clip, seminar, blog, forum, or may otherwise appear to provide medical information. Although care has been taken to provide accurate and current information, the general principles and information presented at this Site may differ depending on the standard of care in your country, state, city and/or community. Therefore, and because medical care constantly changes, and is subject to varying interpretations, the viewer is urged to consult professional medical advice for any issues discussed on this Site and for any specific medical complain. This Site should not be used, under any circumstances, as a substitute for competent medical advice from a licensed professional practitioner. Best4Med.com is not a physician referral service. Best4Med.com explicitly disclaims any liability with respect to actions taken or not taken by the recipient based on any or all of the information obtained from the site. Best4Med.com does not create a physician/patient relationship between the viewer and the sponsoring physician. Limited License & Permitted Uses: You are granted a non-exclusive, non-transferable, revocable license to access and use the site in accordance with these Terms and Conditions of Use; to use the Site solely for personal purposes; and to print out information and search results from the Site. Restrictions and Prohibitions of Use: Your access to the Site is subject to the following restrictions. You may not republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means, all or any portion of the Site or any information retrieved therefrom; use the Site or any other materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property rights of Best4Med.com or any third party; remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; remove, disable, defeat or change any functionality or appearance of the Site; decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the site architecture; use any automatic or manual process to harvest information from the Site; use the Site for the purpose of gathering information for or transmitting unsolicited commercial email or emails; email or emails that makes use of Best4Med.com's name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and unsolicited telephone calls or facsimile transmissions; use the Site in a manner that violates any country's, state, local or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws and regulations. Policy on Unsolicited Commercial Email: Best4Med.com does not authorize the use of the Site for purpose of gathering information for or transmitting unsolicited bulk commercial emails over the Internet to Listees or other third parties. No Physician-Patient Relationship: Information contained on or made available through the Site is not intended to and does not constitute medical advice, recommendations, or counseling under any circumstance and no physician-patient relationship is formed. Nothing submitted to this Site is treated as confidential. Best4Med.com does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked from the Site is entirely subject to your discretion and careful judgment. Best4Med.com is not a physician Referral Service. Intellectual Property Rights: Nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Site and its content belong to Best4Med Ltd. For any user submission, in the form of text or video, the ownership rights will remain with the user or original owner. However, by submitting user submissions to Best4Med, you hereby grant Best4Med a worldwide, non-exclusive, royalty free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with the Best4Med website, and Best4Med's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Best4Med website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Best4Med website a non-exclusive license to access your user submissions through the website, and to use, reproduce, distribute, display and perform such user submissions as permitted through the functionality of the website and under these terms of service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your user submission. You understand and agree that Best4Med may retain but not display, distribute, or perform server copies of user submissions. The above licenses granted by you are perpetual and irrevocable. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner. Such medical care provider(s) who upload information and/or video content represent and warrant that they have secured authority, consent, releases and/or licenses from third parties who may be involved in the materials, such that no issues or claims of infringement, copyright, trademark, patent, etc., should ever be raised against Best4Med.com when publishing said materials. In the event that the medical care provider(s) do not have the authority, consent, release, or license to have provided the information to Best4Med, that medical care provider agrees to indemnify and hold harmless any and all claims brought by third parties against Best4Med for the distribution and/or publication of said materials. No Solicitation: In no event may any person or entity solicit any Sponsored Physicians and medical students or create a directory of Physicians and medical students or medical groups through this Site or with data retrieved from this Site. Physicians and medical students and medical groups are prohibited from soliciting patients through the Site or any of its interactive features. In interactive forums made available through this Site, you may discuss or recommend third-party Sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such Sites, products or services, or the recommendation of such. You shall not distribute on or through the Site or to any persons or entities identified via the Site any content or material containing solicitations or advertising of any kind without the express prior written permission of Best4Med.com. Postings: You agree not to upload or distribute in the interactive areas on this Site any messages, data, information, text, graphics, links or other material which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission. Physicians and medical students who post videos or picture or any other computer file are responsible for obtaining consent, verbal and/or written, from any person/patient who may appear, or be referred to, in a given video, picture or any other computer file. Advertisers: This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. Best4Med.com will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials. Errors and Corrections: Best4Med.com does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Best4Med.com does not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. Best4Med.com may make improvements and/or changes to its features, functionality or content of the Site at any time. Third-Party Content: Third-party content may appear on this Site or may be accessible via links from this Site. Best4Med.com shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Site or through a link appearing in the site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Best4Med.com. Furthermore, the Best4Med site may contain a blog section which accepts information inputted to the site from third parties. Such information, whether contained in a chat room, message board, or video blog, is solely the responsibility of the user as is the consequences of posting those communications, and/or your reliance on any communications found in these Public Areas. Best4Med and its licensors are not responsible for the consequences of any communications in the Public Areas. Any violation of the aforementioned rules and/or the following, shall constitute a breach of the Terms and Conditions of Use: Violation of any local, state, national, or international laws, when posting materials. Posting material that infringes on the intellectual property rights of others. Posting material that is unlawful, obscene or defamatory, as determined by Best4Med. Posting advertisements and/or solicitations regarding any business without explicit authorization from, and/or agreement with Best4Med.com After receiving a warning of improper "blogging", continuing to post improper comments. The posting of any chain letters and impersonating other individuals. Any intentional distribution of computer viruses. Any "spamming" of content. Best4Med reserves the right to record content that occurs in chat rooms, print out materials if necessary, and investigate any allegations that communications may violate the terms and conditions of this section. Best4Med may determine in its sole discretion to remove the communication(s). Best4Med may also terminate a user's access to the web site, and disclose any information that it deems necessary. Furthermore, Best4Med will use its best efforts to attempt to confirm the credentials and identity of health providers who have uploaded information to the Best4Med website, however, there is no absolute guaranty that such information is authentic, and, no user of the Best4Med website may rely on information provided by such medical care providers, in light of the possibility of inaccurate information. Accordingly, Best4Med strongly advises that in the event a user has a concern regarding the accuracy of any information provided on the site, and/or the credibility and/or credentials of a particular healthcare provider, that user should immediately contact a physician in their own area to verify or confirm the accuracy of said information. Best4Med also asks that you contact us about the information in question, so we may fully investigate it. Disclaimer: the site is provided on an "as is" basis. Best4Med.com expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Best4Med.com disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors, (b) any third party sites or content therein directly or indirectly accessed through links in this site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this site or any portion thereof, (d) your use of this site, or (e) your use of any equipment or software in connection with this site. Limitation of liability and damages: Best4Med.com shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the site. Best4Med.com shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever in any way due to, resulting from, or arising in connection with (a) the use of or inability to use the site or the content; and (b) your participation in any e-mail forums. To the extent this limitation on liability is prohibited, for any reason whatsoever, Best4Med.com sole obligation to you for damages shall be limited to $100.00. Unlawful Activity: Best4Med.com reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Indemnification: You are solely liable for any content, messages or other information you transmit, provide or upload to the Site. You agree to indemnify and hold harmless Best4Med.com from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Site, or your violation of any rights of a third party. Remedies for Violations: Best4Med.com reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Best4Med.com's Sites and their features. Governing Law, Jurisdiction and Non-Waiver: These Terms and Conditions of Use are governed by and construed in accordance with the federal laws of the United States of America (USA) and any action arising out of or relating to these terms shall be filed only in state or federal courts located in USA and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use. Severability of Provisions: These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Site and constitute the entire agreement between you and Best4Med.com with respect to access to and use of the Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Modifications to Terms of Use: Best4Med.com reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Site after any such changes constitutes your consent to such changes. |