Agreements


Terms of Use Agreement



Read This Terms of Use Agreement Before Accessing Website.


Effective Date: This Terms of Use Agreement was last updated on July 16, 2008.



This Terms of Use Agreement sets forth the standards of use of the Health Shoppr, Inc. Online Service. By using the HealthProvidr.com or HealthShoppr.com websites you (the “Member”) agree to these terms and conditions. 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 at HealthProvidr.com or HealthShoppr.com websites. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.



1. Description of Service


Health Shoppr, Inc. is providing Member with an internet-based marketplace to learn about and purchase/sell health services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.


2. THE SITE DOES NOT PROVIDE MEDICAL ADVICE

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



The contents of the HealthProvidr.com Site, including but not limited to all text, graphics, images, information, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design, structure, "look and fee" 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 Web site 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 Site 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. You should consult your own physician or qualified health care provider regarding the applicability of any opinions or suggestions you receive from this Site, and any questions or concerns you may have with respect to your symptoms, medical condition or health care decisions. Never disregard professional medical advice or delay in seeking medical advice because of something that you have read on the Site.


THE COMPANY ASSUMES NO RESPONSIBILITY FOR HOW MATERIAL OR INFORMATION FROM OUR WEB SITE IS USED. THE COMPANY AND THE SITE EXPRESSLY DISCLAIM ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THIS SITE AS A REFERENCE SOURCE, AND FOR INFORMATION PROVIDED BY HEALTH CARE PROVIDERS FEATURED ON THE SITE, 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.


3. THE SITE DOES NOT PROVIDE DOCTOR REFERRALS OR RECOMMENDATIONS



a. The choice of a medical professional is your own. The Web Site is not responsible for sending you to, referring you to or making recommendations about any health provider, a professional practice or health insurance company. You acknowledge that you understand the information provided is submitted by healthcare providers, users, and 3rd parties and Health Shoppr, Inc does not take responsibility for the accuracy of the information submitted.


NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE WEB SITE INCLUDING, BUT NOT LIMITED TO, THE FIND A DOCTOR FEATURE OR LINKS TO OTHER SITES.


THE COMPANY MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER THE COMPANY DOES NOT IN ANY WAY ENDORSE THE INDIVIDUALS DESCRIBED HEREIN. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.



You are strongly advised to perform your own due diligence prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular physician or medical provider by confirming with the doctor’s office, your current physician, the medical association relative to the doctor’s specialty and your state medical board.


4. THE SITE DOES NOT ASSUME RESPONSIBILITY FOR LEGALITY OF SERVICES OFFERED


a. By submitting their own list of offered services, health providers are asserting that all services offered are legal in their local communities. Health Shoppr, Inc does not assess offered services against local regulations or ordinances and full responsibility for understanding and following locally applicable laws falls onto the providers who offer services. Health Shoppr, Inc will cooperate to the fullest extent possible with legal authorities pursuing providers offering illegal services in their jurisdictions.


5. THE SITE IS NOT SELLING MEDICAL SERVICES OR INSURANCE


a. Health Shoppr, Inc. provides a service offering information about various health professionals and the services that they offer. All fees collected by Health Shoppr, Inc. are for informational and transactional services that are unrelated to the practice of medicine or the regulated sales of insurance.



b. Health Shoppr, Inc. does not practice medicine. All services offered are done so under the professional authority and autonomy of the health professional offering them. Health Shoppr, Inc. in no way is involved in the practice of medicine. All providers on the HealthShoppr.com and HealthProvidr.com platforms are independent contractors practicing in an autonomous way.


6. Disclaimer of Warranties.


The site is provided by Health Shoppr, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Health Shoppr, Inc. 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. Health Shoppr, Inc. shall have no liability for any interruptions in the use of this Website. Health Shoppr, Inc. 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.



7. Limitation of Liability


Health Shoppr, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HEALTH SHOPPR, INC. 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 HEALTH SHOPPR, INC. 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.


8. Indemnification


Member agrees to indemnify and hold Health Shoppr, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.


9. Members Account



All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Health Shoppr, Inc. of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Health Shoppr, Inc..



While using HealthShoppr properties, such as HealthShoppr.com or HealthProvidr.com, member will not:

  • post content or items in an inappropriate category or areas on our sites and services;


  • violate any laws, third party rights, or our policies;

  • use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;

  • fail to deliver services purchased from you, unless the buyer fails to meet the posted terms;

  • interfere with other member's listings;


  • circumvent or manipulate our fee structure, the billing process, or fees owed to HealthShoppr, Inc;

  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);


  • take any action that may undermine the feedback or ratings systems;


  • transfer your account (including feedback) and User ID to another party without our consent;

  • distribute or post spam, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm HealthShoppr, or the interests or property of HealthShoppr users;

  • copy, modify, or distribute content from our site outside of the license agreements;


  • harvest or otherwise collect information about users, including email addresses, without their consent.


  • 10. Modifications and Interruption to Service



    Health Shoppr, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Health Shoppr, Inc. shall not be liable to Member or any third party should Health Shoppr, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Health Shoppr, Inc. 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.


    11. Third-Party Sites


    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.



    12. Disclaimer Regarding Accuracy of Vendor Information


    Product/service specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Health Shoppr, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.


    Health Shoppr, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.



    13. Governing Jurisdiction of the Courts


    Our website is operated and provided in the State of California. As such, we are subject to the laws of the State Californiaand such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.



    14. Compliance with Laws.


    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member 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.


    15. Copyright and Trademark Information


    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Health Shoppr, Inc..com, will all rights reserved, or is the property of Health Shoppr, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Health Shoppr, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Health Shoppr, Inc..



    HealthShoppr.com™ and HealthProvidr.com™ are proprietary marks of Health Shoppr, Inc Health Shoppr, Inc.’s trademarks may not be used in connection with any product or service that is not provided by Health Shoppr, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Health Shoppr, Inc..


    All other trademarks displayed on Health Shoppr, Inc.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Health Shoppr, Inc..



    16. Notification of Claimed Copyright Infringement


    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Health Shoppr, Inc..com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.



    By Mail

    HealthShoppr Inc, Attn: Vijay Goel

    24992 Largo Dr, Laguna Hills, CA 92653

    By Telephone: 949-528-3805

    By Email: copyright@healthshoppr.com



    17. Botnets Health Shoppr, Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Health Shoppr, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.



    18. Other Terms



    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Health Shoppr, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable].