Terms and Conditions
BY REGISTERING, OR BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS USER AGREEMENT, AND THAT YOU UNDERSTAND AND INTEND THIS USER AGREEMENT TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND MedCDirect, AND EQUALLY BINDING. IF YOU DO NOT AGREE, YOU ARE NOT AND WILL NOT BE GRANTED PERMISSION BY MedCDirect TO ACCESS MedCDirect's SITE MATERIALS.
Welcome to DoctorPricing.com Web site (this "Site") provided by Medical Commerce Direct LLC. ("we" or "MedCDirect"). The following Limited License and User Agreement ("User Agreement") governs your access to and use of this Site and the information, profiles, materials and other content available on or through this Site ("Site Materials"). Please read this document carefully before using this Site or any Site Materials. We reserve the right, at our sole discretion, to change this document from time to time. Your continued use of this Site or any Site Materials after such changes take effect will be deemed to constitute your acceptance of and agreement to the new document version.
Limitation of Liability & Disclaimer: MedCDirect obtains its information from sources and people it believes to be reliable. However, because of the possibility of human and mechanical error as well as other factors, MedCDirect makes no representations or warranties, express or implied, as to the accuracy or timeliness of its information, and cannot be responsible or liable for any errors or omissions in its information or the results obtained from the use of such information.
THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ATTEMPT TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MATERIALS AND DATABASES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (II) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE DOCTOR OR HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU AGREE TO LOOK SOLELY TO SUCH DOCTORS OR HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
The health care provider ratings are statements of opinion and not statements of fact or recommendations to utilize any health care provider services and do not constitute medical advice. Users are solely responsible for determining whether the information provided is suitable for their purposes, and reliance on the information is at the users' sole risk. Users should obtain any additional information necessary to make an informed decision. Medical Commerce Direct LLC assumes no responsibility or liability for any advice, treatment, or services rendered by any hospital, physician, or other health care provider, health care facility or health plan featured on the DoctorPricing.com site.
Events Beyond Our Control: You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
No Recommendations or Medical Advice: DoctorPricing.com is not a referral service and does not recommend or endorse any particular Healthcare Provider. Rather, DoctorPricing.com is only an intermediary that provides selected information about doctors or other healthcare providers. We do not offer advice regarding the quality or suitability of any particular doctors or healthcare providers for specific treatments or health conditions, and no information on this Site should be construed as health advice. The doctors or healthcare provider rating information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Pr doctor or healthcare provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific doctors or healthcare provider. You agree to assume all responsibility in connection with choosing any doctor or healthcare provider, whether or not you obtained information about such doctor or healthcare provider on or through this Site. We assume no responsibility or liability for any advice, treatment or other services rendered by any doctor or healthcare provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
Your Responsibilities and Limited License: You agree that all material you post becomes the property of MedCDirect, and MedCDirect has the right to remove, edit, move or close any posting at any time for any reason, at its discretion. You agree that you will NOT use MedCDirect 's web site to post any advertisement, chain letter, solicitation or other commercial message. You agree that you will NOT post any knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, or threatening message. You agree you will NOT post material that is illegally invasive of another person's privacy. You agree NOT to post any other personís or firmís copyrighted material. Although MedCDirect attempts to delete objectionable messages from its web site, it operates in real time and does not review material before posting. All messages express the views of the author, and MedCDirect will NOT be held responsible for any content, any posting or any message. You agree by using this Site that the data and information here, including DoctorPricing.comís rating system and DoctorPricing.comís ratings of individual providers, are and remain the sole property of MedCDirect. You agree that your license to access and use this information is limited solely to a personal, revocable, nonexclusive, non-transferable license to access and view this Site and the Site Materials, and to copy, download, store and/or print a single copy of any Site Materials, solely for your non-commercial use and not for resale or distribution to anyone else. You further agree that an express condition on your license is that you will not otherwise transmit or use the Site Materials, and your continued compliance with this User Agreement. Except as expressly permitted by us in writing, you agree not to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble any aspect of this Site or any Site Materials, in whole or in part, in any form or by any means, without our prior written permission. Further, you may not use any "hidden text" utilizing the name "DoctorPricing.com" without our prior written permission. You are welcome to browse DoctorPricing.com for your own personal, non-commercial purposes, for free. Copying or other use of any of the information contained on this site is strictly prohibited. MedCDirect tracks this information and will use all lawful means to remedy any breach of this Agreement and/or any violation of law executed pursuant to anyoneís use on this Site. Except as expressly permitted by us in writing, you agree that you will not, directly or indirectly, use any of the databases or the information contained on this Site for any purposes other than your personal, non-commercial evaluation of doctors and healthcare providers. Without limiting the foregoing, you agree that you will not, directly or indirectly, use the databases: (i) to compile mailing lists or other lists of doctors or healthcare providers for commercial purposes; (ii) to establish independent data files or compendiums of statistical information; (iii) in violation of any applicable laws or regulations, or (iv) to generate or download more than fifteen (15) reports in any given day, without our prior written authorization.
Framed Sites: DoctorPricing.com may syndicate its content to and distribute its content through other sites on the Internet. Although you may see the DoctorPricing.com logo on these pages, your activity and information on a framed site is governed, gathered and controlled by the privacy statement on the URL /domain address you're visiting. DoctorPricing.com does not receive user information back from these framed sites.
Proprietary Materials: Except as provided in this Agreement, we do not grant you any rights under any copyrights or trademarks. Accordingly, unauthorized use or reproduction of any Site Materials may violate copyright laws, trademark laws, laws pertaining to privacy and publicity rights, or other laws or regulations. Please be aware that MedCDirect actively and aggressively enforces our intellectual property rights to the fullest extent of the law.
Limitations of Liability: YOU AGREE THAT NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.
Indemnification: You agree to defend, indemnify, and hold harmless Medical Commerce Direct LLC and our affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of this Agreement.
Governing Law and Selection of Venue: You agree that this User Agreement is made in, and will be construed and enforced in accordance with, Missouri law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Missouri. You agree that any action arising out of the content of this Site, your use of the Site Materials, or any action to enforce this User Agreement will be brought only in the federal or state courts presiding in Kansas City, Missouri, U.S.A., and you expressly agree to be subject to the complete jurisdiction of such courts. Use of this Site is limited solely to persons who agree to resolve any and all disputes pertaining to this Site in the federal and state courts of Missouri, and such an agreement is an express condition to use of this Site. This Site is controlled and operated by MedCDirect from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
Amendments: MedCDirect may change the terms of this Agreement or the Service from time to time. Your continued use of the Service after such changes become effective, constitutes an affirmative agreement by you to abide and be bound by this Agreement and its modifications. If you do not agree to the new or different terms, then you agree not to use the Service.Last Updated March 2006