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Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your agreement to these Terms and Conditions of Use. You must agree to these Terms and Conditions of Use in order to use the Orbicare, LLC ("Orbicare") website. If you do not agree to all of these Terms and Conditions of Use, do not use this website!

These Terms and Conditions of Use govern your access to and use of the Orbicare website including, without limitation, all content such as text, information, images, video and audio (collectively, "Content") and all services ("Services") made available to you through the Orbicare website (this website and the Content and Services are collectively referred to herein as the "Site") by Orbicare and/or third parties.

This Site incorporates proprietary intellectual properties, which are protected by copyright (including certain rights of patentability) and are maintained by Orbicare and/or its affiliates, as confidential and proprietary information to be used only in connection with the terms of this agreement. This Site may provide access to additional information that may be of use to physicians and other healthcare providers. We have established the following terms that govern the use of this Site. By using this Site, you are agreeing to be bound by these terms. Orbicare may revise and update these Terms and Conditions at any time. Therefore, we encourage you to review this Site and these terms for any updates or changes on a periodic basis. Your present and subsequent use of this Site demonstrates your acceptance of these Terms and Conditions of Use.


BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS, AND REPRESENT THAT YOU ARE OVER THE AGE OF 18 AND ABLE TO FORM LEGALLY BINDING CONTRACTS.

  1. Disclaimer on Emergency Medical Conditions. DO NOT USE THIS SITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

  2. Medical Disclaimers. The Content available through thIS Site is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Orbicare does not give medical advice, nor does it provide medical or diagnostic services. Additionally, the use of the content obtained through this site does not establish a physician-patient relationship. Your reliance upon Content obtained by you at or through this Site is solely at your own risk. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Site.

    Your reliance upon information and Content obtained by you at or through this Site is solely at your own risk. Neither we nor our Content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content or Services provided to you.

  3. Identification. Portions of the Site require a user identification and password to access and use. You are solely responsible for: (1) maintaining the strict confidentiality of your user identification and passwords (collectively, "IDs") assigned to you; (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your IDs; and (3) promptly informing us in writing at info@orbicare.net of any need to deactivate an ID due to security concerns. We are not liable for any harm related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use this Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs.

  4. Description of Service. Orbicare is a medical tourism service agency based in the United States specializing in researching and informing users of medical treatment and recuperation packages for destinations outside the United States. In this role, we research and gather publicly available information and provide this information to you for your personal use in making a more informed decision about your medical treatment options outside the United States.

  5. Not A Medical Referral Service. Orbicare is not a medical referral service and does not endorse, recommend, or approve any travel agency, healthcare provider, or health care facility listed in the Site. We are not medical professionals and will not discuss or advise user on any issues relating to medical treatment. We facilitate contact with, and provide information about physicians outside the United States and provide information about their credentials to assist you in making informed decisions. We do not, however, recommend any preferred or specific physicians for your desired medical treatment. We encourage and advise you to discuss all medical issues with your physicians in the United States, before making a decision on medical treatment outside the United States. Through our medical tourism affiliates around the world and our in-depth research we provide information about available medical treatment and recuperation and packages to assist you in making an informed decision.

    You agree to assume all responsibility in connection with choosing any physician for your desired treatment or procedure. We assume no responsibility or liability for any treatment or other Services rendered by any hospital, physician, or other health care provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other Services.

  6. Confidentiality. You agree that Orbicare, and all other persons or entities involved in the operation of Services provided through the Site, has the right to monitor, retrieve, store and use confidential patient information in connection with the operation of such Services, and are acting on the patient's behalf in transmitting confidential patient information. We will use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except (1) in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf, (2) in connection with the transmission, storage, retrieval, and disclosure of such information to health care professionals involved in your treatment, (3) as may be required or permitted by law, or (4) as otherwise provided in our Privacy Policy.

  7. User Information.

    - Information Collected. You agree that Orbicare may collect the following information.

    - If you only browse the Site: Orbicare may collect the following information about you: your country, IP address, server host, operating system, Internet browser, the name of the domain from which you access the Internet (for example, aol.com, if you are connecting from an America Online account), date and time you access this Site, and the Internet address of the website from which you linked directly to this Site; and other Internet routing information. The information collected is used to measure the number of visitors to the different sections of this Site, and to assist us in making this Site more useful to visitors. Orbicare will not knowingly make any of the foregoing information we collect available to anyone else.
    If you register or purchase a Service: Orbicare will collect your full name, financial information in the form of a credit card number and expiration date, for payment of fee.

    - Change/Modify. You may change any information previously provided to Orbicare. To make or inquire about such changes, send an e-mail to info@orbicare.net.

  8. Security. The security of your personal information is very important to us. None of your personal information can be legally accessed or released without your consent except as discussed in this Agreement and in our Privacy Policy. All such information is stored in a secured database and all reasonably prudent efforts are made to assure that same is accessible only by you and health care professionals who are involved in your treatment.

  9. User Submissions. The personal information you submit to Orbicare is governed by the Orbicare Privacy Policy. If there is any inconsistency between these Terms and Conditions of Use and the Orbicare Privacy Policy, these Terms and Conditions of Use shall control.

  10. Minors Prohibited.

    - Orbicare is for use by adults only. If you are not over 18 years of age, do not use this Site.

    - Orbicare is committed to protecting the privacy of children. You should be aware that this Site is not for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.

  11. Copyright, Ownership and Use. All of the Content on this Site, including all text, photographs, graphics, images, videos, format, and other expressions is the property of Orbicare, or the suppliers of Content. All of the above is protected by U.S. and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. A user of this Site may only use the Content for accessing and understanding such information for individual and personal use. No one may copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgment of ownership of same in Orbicare or its third party suppliers or licensors.

  12. Copyrights of Third Parties. We respect the copyrights and intellectual property of third parties, and we expect the users of this Site to do the same. If you believe there is any infringement of any other person's copyright or intellectual property by this Site, we request that you call it to our attention right away. Please do so by sending whatever information you have to assist us in evaluating same. Any statement made by you to that effect must be made in good faith and may be subject to penalties of perjury that the information is accurate or you have a good faith belief in same. You may send such notices to info@orbicare.net.

  13. Intellectual Property. You agree that Orbicare (or its Content providers) owns all worldwide rights, titles and interests in and to the Site. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without the prior written approval of Orbicare. All rights not expressly granted in these Terms and Conditions of Use are reserved to Orbicare. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms and Conditions of Use. To facilitate your access to and use of the Site or portions thereof, we may make certain software available to you. The terms of your use of such software will be stated separately in a license agreement that will be included with the software. You agree to only use such software in a manner permitted pursuant to such license agreements.

  14. Content. The Content contained on this Site is provided by Orbicare or under license by third parties as a service to the users of this Site. This Site and the information, Services and materials contained on this Site are provided on an "as is" basis. You agree that the use of this Site is at your sole risk. Neither Orbicare nor any of its affiliates warrant that the information on this Site is accurate, reliable or current. Additionally there are no warranties as to results that may be obtained from the use of this Site. Rather, the information provided is for informational and educational purposes only. It is not a substitute for advice from physicians or medical professionals. Any specific medical questions that you, the user, may have relating to a medical condition, care or treatment or diagnosis should be presented to your physician or health care provider.

  15. Advertisements and Links to Other Websites. This Site may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. Orbicare may occasionally provide links on its Site to third party websites. These links connect you with other websites that are maintained by other parties over whom Orbicare has no control. These links are provided only as a convenience to you, and Orbicare does not assume any responsibility for nor endorse such other websites. UNLESS EXPRESSLY STATED BY US, Orbicare DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES OR WEBSITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEBSITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU OR FOR THE USE IN RENDERING CARE TO PATIENTS.

  16. Customer Satisfaction. Orbicare is committed to customer satisfaction. We attempt to provide access to educational information about medical conditions and treatment options with minimum interruption. Notwithstanding any provision in these Terms and Conditions to the contrary, you agree as follows:

    Disclaimer of Warranty. THIS SITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS AND YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Orbicare AND ITS AFFILIATES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. Neither Orbicare nOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, RELIABLE OR CURRENT. NEITHER Orbicare NOR ANY OTHER CONTENT PROVIDERS MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS. Orbicare ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Orbicare AND ANY THIRD-PARTY SUPPLIER ASSUME NO RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, INFORMATION OR SERVICES ON THIS SITE IN ANY WAY, AND THERE IS NO WARRANTY OR ANY ASSURANCE THAT THE PRODUCTS OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE WILL SATISFY ANY REQUIREMENTS THAT YOU MAY HAVE. BY USING THIS SITE, THE USER ACKNOWLEDGES THAT IT IS AT THE USER'S SOLE RISK AND THE USER ASSUMES FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THIS SITE.

    NEITHER Orbicare NOR ITS AFFILIATES NOR ANY THIRD PARTY SUPPLIER CAN BE ASSURED THAT THE USER, IN USING THIS SITE, HAS SELECTED AN APPROPRIATE SERVICE PROVIDER. AGAIN, YOU SHOULD USE THIS SITE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SHOULD DIRECT ANY FURTHER INQUIRIES TO A PROFESSIONAL HEALTH CARE PROVIDER. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

    Exclusion of Damages. AS CONSIDERATION FOR USER'S OPPORTUNITY TO USE THE GENERAL INFORMATION AND PROCESSES PROVIDED ON THIS SITE, USER AGREES THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL Orbicare OR ANYONE ASSOCIATED WITH Orbicare OR THIS SITE BE LIABLE IN ANY WAY TO YOU OR ANY OTHER ENTITY FOR ANY ACTION OR INACTION TAKEN BY USER IN RELIANCE UPON INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE. NEITHER Orbicare NOR ANYONE ASSOCIATED WITH Orbicare SHALL BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY Orbicare OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER Orbicare HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

    Limitation on Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR OTHERS ASSOCIATED WITH THIS SITE) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND OTHERS ASSOCIATED WITH THIS SITE) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND OTHERS ASSOCIATED WITH THIS SITE) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND OTHERS ASSOCIATED WITH THIS SITE) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, THE SERVICES OR THE CONTENT TO YOU.

  17. Foreign Access or Use. Orbicare makes no claim that the Site is appropriate for access or use outside the United States. Your access and/or use of the Site outside the United States are at your own risk, and you are responsible for compliance with the laws of your jurisdiction.

  18. Indemnification. You agree to defend, indemnify and hold Orbicare harmless against any losses, expenses, costs or damages (including its reasonable attorneys' fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms and Conditions of Use, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your IDs.

  19. Termination. Your right to access and use the Site immediately terminates without further notice upon your breach of these Terms and Conditions of Use. Orbicare may terminate this agreement and/or your right to use the Site at any time, with or without cause. Orbicare reserves the right to discontinue or make changes to the Site at any time.

  20. Assignment. Orbicare may assign these Terms and Conditions of Use, in whole or in part, in its sole discretion. You may not assign your rights under these Terms and Conditions without the prior written permission of Orbicare. Any attempt by you to assign your rights under these Terms and Conditions of Use without the permission of Orbicare shall be void.

  21. Waiver. The waiver by Orbicare of a breach of any provision of these Terms and Conditions of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

  22. Severability. If any provision of these Terms and Conditions of Use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms and Conditions of Use shall remain in full force and effect.

  23. Governing Law. This Site is controlled under the laws of the State of Florida and the United States of America. Any claim relating to this Site or Services provided through this Site will be governed by the laws of the State of Florida, without giving application to the conflicts of laws provisions thereof.

  24. Entire Agreement. These Terms and Conditions of Use contain the entire agreement between you and Orbicare relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms and Conditions of Use may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any Orbicare employees. Orbicare reserves the right to make changes to these Terms and Conditions of Use at any time without advance notice. Orbicare agrees to post all amended forms of these Terms and Conditions of Use on the Site and such amended forms shall be effective immediately upon its posting. Your continued use of this Site subsequent to Orbicare's posting of amended forms of these Terms and Conditions of Use shall constitute your acceptance of the modified Terms and Conditions of Use. It is at all times your responsibility to read the most current form of these Terms and Conditions of Use before using the Site to ensure that you agree to the terms and conditions of any amendments made to these Terms and Conditions of Use. You agree that these standards for notice of amendments to these Terms and Conditions of Use are reasonable.

  25. Miscellaneous Information. You agree to use this Site for legal and proper purposes. If you no longer agree to be bound by these Terms of Use, you agree to immediately cease use of the Site.

  26. Acceptance of Terms and Conditions. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Orbicare contrary to those set forth above.


 

Orbicare, LLC
2731 Executive Park Drive Suite 7
Weston, FL 33331 - United States of America

Last Modified: January, 2011






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