yourMedOptions

Terms and Conditions Agreement

 

1.               ACCEPTANCE OF TERMS AND CONDITIONS

The yMO (“yourMedOptions” or “yMO”) Service(s) or the "Service(s)" is provided to you ("Customer") under the terms, conditions and notices of yourMedOptions Terms and Conditions Agreement (the "Agreement") and any operating rules or policies that may be published by the yMO Service. The Agreement comprises the entire agreement between Customer and yMO and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any of these terms is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any of the other terms, all of which shall remain in full force and effect.

By accessing this Website (http://www.yourmedoptions.com, “yourMedOptions website” or “yMO website”), you will be deemed to have accepted these terms and conditions.

Your continued use of this Website would constitute your consent to changes in these terms. You are solely responsible for ensuring that your access to this Website is in compliance with any laws, regulations, bye-laws, directives, approvals and guidelines ("Applicable Laws") applicable to you under your relevant jurisdiction.

If you have any questions, please do not hesitate to contact us at ymo@yourmedoptions.com

The content and services on the Website provided to you are subject to the following terms and conditions.

 

2.               THE AGREEMENT

This Agreement describes the terms and conditions that govern your use of yMO Service(s) at the “yourMedOptions website” on the URL http://www.yourmedoptions.com, ("yMO Website").

You declare that you are legally allowed to gain access to this Website and that you have agreed to be bound by these terms.

 

3.               ABOUT yourMedOptions

Welcome to yourMedOptions (yourMedOptions website).

At yMO, you will be able to submit reviews and ratings of hospitals for treatments received by you or someone you know. You will also be able to find ratings and reviews of hospitals submitted by other members of the yMO website.

We will also be delighted to hear your opinions on how to make the yMO website even better. Please e-mail us at ymo@yourmedoptions.com.

 

4.               DESCRIPTION OF SERVICE

yourMedOptions is an online service.

A member (“Customer”) of the site must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; (2) provide for own access to the Internet; (3) provide necessary software to be able to connect to the Internet; and, (4) have an established and functional e-mail account accessible from the Internet.

In consideration for the yMO Service(s) and any other yMO Service, member agrees to: (1) pay the appropriate subscription fees, where applicable, in a timely manner, (2) provide certain current, complete, and accurate information about Customer as prompted to do so by the Service and (3) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up/registration shall be referred to as registration data ("Registration Data").

If any information provided by Customer is inaccurate or if subscription fees, where applicable, are not paid in a timely manner, yMO retains the right to terminate Customer's subscription and rights to use yMO Services without prior notice.

The fees and charges will vary depending on the type of customer and the service.

Note: Fees for the services are subject to change without notice. Customers must keep themselves informed of the fees by referring to those published on the yMO Website.

 

5.               CUSTOMER'S RESPONSIBILITY

Customer is solely responsible for the contents of his or her transmissions through yMO Services.

Customer's use of yMO Services is subject to all applicable local, state, national and international laws and regulations.

Customer agrees: (1) not to use yMO Services for illegal purposes; (2) not to interfere or disrupt networks connected to yMO Services; and (3) to comply with all regulations, policies and procedures of networks connected to yMO Services.

As a condition of Customer's use of the yMO Services, Customer will not use the yMO Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Customer may not use the yMO Services in any manner which could damage, disable, overburden, or impair any yMO Service(s) (or the network(s) connected to any yMO Service(s)) or interfere with any other party's use and enjoyment of any yMO Service(s). Customer may not attempt to gain unauthorized access to any yMO Service, other accounts, computer systems or networks connected to any yMO Service, through hacking, password mining or any other means. Customer may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the yMO Services.

The yMO Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, articles, news, polls, file cabinets and/or other message or communication facilities designed to enable the Customers to communicate with others. Customer agrees to use yMO Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular yMO Service. By way of example, and not as a limitation, Customer agrees that when using a yMO Service, Customer will not:

o  Use the yMO Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Spamming includes, but is not limited to, the sending of unsolicited advertising, promotional material, or other forms of solicitation to any person who has not given specific permission to be included in such a process.

o  Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

o  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

o  Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, cancelbots, or any other similar software or programs that may damage the operation of another's computer or property of another.

o  Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

o  Advertise or offer to sell or buy any goods or services for any business purpose, unless such yMO Service specifically allows such messages.

o  Download any file posted by another user of a yMO Service that you know, or reasonably should know, cannot be legally distributed in such manner.

o  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

o  Restrict or inhibit any other user from using and enjoying the yMO Services.

o  Violate any code of conduct or other guidelines which may be applicable for any particular yMO Service.

o  Harvest or otherwise collect information about others, including e-mail addresses.

o  Violate any applicable laws or regulations.

o  Create a false identity for the purpose of misleading others.

o  Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a yMO Service(s) or other user or usage information or any portion thereof.

yMO has no obligation to monitor the yMO Services. However, yMO reserves the right to review materials posted to a yMO Service and to remove any materials in its sole discretion. yMO reserves the right to terminate Customer's access to any or all of the yMO Services at any time, without notice, for any reason whatsoever.

yMO reserves the right at all times to disclose any information as yMO deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in yMO 's sole discretion.

Customer must always use caution when giving out any personally identifying information about himself/herself or his/her children/family in any yMO Service.

yMO does not control or endorse the content, messages or information found in any yMO Service and, therefore, yMO specifically disclaims any liability with regard to the yMO Services and any actions resulting from Customer's participation in any yMO Service. Managers and hosts are not authorized yMO spokespersons, and their views do not necessarily reflect those of yMO.

Materials uploaded to a yMO Service may be subject to posted limitations on usage, reproduction and/or dissemination. Customer is responsible for adhering to such limitations if he/she downloads the materials.

yMO makes use of the Internet; therefore, Customer's conduct is subject to Internet regulations, policies and procedures.

yMO reserves the right to determine when a Customer has violated any of these policies.

yMO may, at its sole discretion, immediately terminate Customer's usage of the service without refund and without prior notice, should that Customer's conduct fail to conform with the terms, conditions and notices of this Agreement.

yMO does not claim ownership of the materials Customer provides to yMO (including feedback and suggestions) or post, upload, input or submit to any yMO Service or its associated services for review by the general public. However, by posting, uploading, inputting, providing or submitting anything, Customer is granting yMO, its affiliated companies and necessary sublicensees permission to use his/her submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish Customer's name in connection with his/her submission.

No compensation will be paid with respect to the use of Customer's submission, as provided herein. yMO is under no obligation to post or use any submission Customer may provide and yMO may remove any submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting any submission Customer warrants and represents that he/she owns or otherwise controls all of the rights to his/her submission as described in this section including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit the submissions.

All content and software (if any) that is made available to view and/or download in connection with the yMO Services, excluding content and/or software that may be made available by end-users through a yMO Service, ("Software") is owned by and is the copyrighted work of yMO and/or its suppliers and is protected by copyright laws and international treaty provisions. Customer's use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Customer may not install or use any Software that is accompanied by or includes a License Agreement unless Customer first agrees to the License Agreement terms.

For any Software not accompanied by a license agreement, yMO hereby grants to Customer, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular yMO Service in accordance with these Terms of Use, and for no other purpose provided that Customer keeps intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Customers acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of United Kingdom. Customer agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to United Kingdom export restrictions.

 

6.               GENERAL TERMS REGARDING USE AND STORAGE

Customer agrees that yMO may establish limits concerning use of any service offered on a yMO Website.

Customer agrees that yMO has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by a yMO Service. You acknowledge that yMO reserves the right to delete accounts that are inactive for an extended period of time.

yMO MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

 

7.               COPYRIGHT AND TRADEMARK NOTICES

The United Kingdom Copyright and trademark laws protect all information, text, materials, graphics and advertisements on the Website. You may not modify, copy, republish the content in any way without written consent from the Website.

 

As the Customer, you are responsible for determining the legal status of any intellectual property you use, duplicate, give, take, buy, sell, request for rent and/or transmit/receive through any yMO Service. Customer agrees not to violate copyright laws by using or transferring copyrighted works through our system or by causing them to be transferred or stored without the permission of the copyright holder. Customer agrees to accept all liability and responsibility for any violation of copyright laws.

Any rights not expressly granted herein are reserved.

 

8.               PRIVACY POLICY

It is yMO's policy to respect the privacy of its Customers. Therefore yMO will not monitor, edit, or disclose the contents of a Customer's private communications and Registration Data unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on yMO; (2) protect and defend the rights or property of yMO; or (3) act under exigent circumstances to protect the personal safety of its members or the public.

Customer acknowledges and agrees that yMO neither endorses the contents of any Customer communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

Customer acknowledges and agrees that certain technical processing of your data, transactions, messages and their content, may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of yMO Services; or (4) conform to other similar requirements.

Customer also agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency or any other agency:

a. any information relating to your contract with us including details of how you conduct your account and your obligations to us and your personal financial information;

b. any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.

It may also be necessary for us to carry out anti-fraud and identity checks on you to help decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests. Any information obtained in such checks will be passed to credit reference agencies and may be used by third parties to assessing applications for credit from you and other members of your household and for debt tracing, crime and fraud detection and prevention and credit management purposes.

 

9.               CUSTOMER ACCOUNT SECURITY

If a particular yMO Service requires Customer to open an account, Customer must complete the registration process by providing yMO with current, complete and accurate information as prompted by the applicable registration form. Customer will also choose a password and user name. Customer is entirely responsible if Customer does not maintain the confidentiality of Customer's password and account. Furthermore, Customer is entirely responsible for any and all activities which occur under Customer's account. Customer may change Customer's password at any time by following instructions available on the website.

Customer agrees to notify yMO immediately of any unauthorized use of Customer's account or any other breach of security known to Customer. yMO will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by yMO or another party due to someone else using your account or password. You may not use anyone else's account at any time.

 

10.         ACCOUNT TERMINATION/ACCESS RESTRICTION

Use of any yMO Service that violates any of the rules and regulations in this agreement is grounds for termination. yMO reserves the right to terminate, without refund and without prior notice, any Customer in its sole discretion.

 

11.         Website Disclaimer

CUSTOMER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT CUSTOMER'S SOLE RISK.

We acknowledge that some jurisdictions do not allow the exclusion or limitation of liability. NEVERTHELESS, TO THE EXTENT PERMISSIBLE BY LAW, WE ACCEPT NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR USE OF THIS WEBSITE, HOWSOEVER ARISING, AND INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED TO ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR INACCURACY WITH THIS WEBSITE, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY UNAVAILABILITY OF THE WEBSITE OR ANY PART THEREOF OR ANY CONTENTS OR ASSOCIATED SERVICES.

Our Website may provide links to other sites not under our control. Any hyperlinks from this Website exist for information purposes and are for your convenience only. We accept no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such sites or loss arising directly or indirectly from defects with such sites. Our inclusion of hyperlinks does not imply any endorsement of the material on such sites. You should review the privacy and security policies and terms of use of such sites.
We accept no responsibility for advertisements or promotions appearing on this Website. You deal with such advertisers or promoters on your own accord and on their terms.

We do not guarantee that any e-mails from the Website sent by us to you and vice versa will be received nor do we warrant the privacy and/or security of such e-mails during Internet transmission.

 

12.         DISCLAIMER OF WARRANTIES FOR yMO SERVICES

CUSTOMER EXPRESSLY AGREES THAT USE OF yMO SERVICES IS AT CUSTOMER'S SOLE RISK.

YOURMEDOPTIONS IS NOT A MEDICAL REFERRAL SERVICE AND DOES NOT ENDORSE, RECOMMEND, OR APPROVE ANY  HEALTHCARE PROVIDER LISTED IN THE SITE.  WE ARE NOT MEDICAL PROFESSIONALS AND WILL NOT DISCUSS OR ADVISE ANY ISSUES RELATING TO MEDICAL TREATMENT.  yMO DOES NOT RECOMMEND ANY PREFERRED OR SPECIFIC DOCTORS OR HEALTHCARE PROVIDERS FOR YOUR DESIRED MEDICAL TREATMENT.  WE ENCOURAGE AND ADVISE YOU TO DISCUSS ALL MEDICAL ISSUES WITH YOUR LOCAL MEDICAL DOCTOR, BEFORE MAKING A DECISION ON MEDICAL TREATMENT.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH yMO SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO yMO SERVICES, THIS TERMS AND CONDITIONS AGREEMENT AND TO THE INFORMATION THEREIN. yMO AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE yMO SERVICES AT ANY TIME. ADVICE RECEIVED VIA yMO SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

yMO AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, SECURITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN yMO SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. yMO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH yMO SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH yMO SERVICES. yMO AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM yMO OR THROUGH yMO SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

13.         LIMITATION OF LIABILITY

CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF yMO SERVICES IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF SUCH MATERIAL AND/OR DATA.

CUSTOMER AGREES THAT yMO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR MESSAGES NOT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF yMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CUSTOMER SPECIFICALLY AGREES THAT yMO SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF HIS/HER TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A yMO SERVICE. CUSTOMER SPECIFICALLY AGREES THAT yMO IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. CUSTOMER SPECIFICALLY AGREES THAT yMO IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A yMO SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL yMO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE yMO SERVICES, WITH THE DELAY OR INABILITY TO USE THE yMO SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE yMO SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE yMO SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF yMO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE yMO SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING yMO SERVICES.

 

14.         INDEMNIFY AND HOLD HARMLESS

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

 

15.         TERMINATION

Either Customer or yMO may terminate the Service without refund with or without cause at any time and effective immediately. yMO shall not be liable to Customer or any third party for termination of Service.

Should Customer object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with any yMO Service in any way, Customer's only recourse shall be to immediately: (1) discontinue use of Service; (2) terminate Service subscription; and (3) notify yMO of termination.

Upon termination of Service, Customer's right to use Service immediately ceases. Customer shall have no right and yMO shall have no obligation thereafter to forward any unread or unsent messages to Customer or any third party.

 

16.         NOTICE

All notices to a party to this agreement shall be in writing and shall be made either via e-mail or conventional mail. yMO may broadcast notices or messages through the yMO Services to inform Customer of changes to the Agreement, the Service, or other matters of importance; such broadcasts shall constitute notice to Customer.

 

17.         MODIFICATION OF THESE TERMS AND CONDITIONS

yMO reserves the right to change the terms, conditions, and notices under which the yMO Services are offered, including but not limited to the charges associated with the use of the yMO Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the yMO Services constitutes your agreement to all such terms, conditions, and notices.

 

18.         PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the yMO Services are for Customer's personal and non-commercial use. Customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the yMO Services.

 

19.         Communications

If you have any queries regarding this Website or any of yMO Services, you may contact us at:

email: ymo@yourmedoptions.com

 

20.         Jurisdictions, restrictions and governing law

We control and maintain this Website from United Kingdom and we make no representation that the material and information contained herein is appropriate or available for use in other locations/jurisdictions.

THE DISTRIBUTION OF MATERIAL AND INFORMATION ON THIS WEBSITE MAY BE RESTRICTED BY THE APPLICABLE LAWS IN YOUR JURISDICTION. IT IS YOUR RESPONSIBILITY TO FIND OUT WHAT THOSE RESTRICTIONS ARE AND OBSERVE THEM.

The Agreement shall be governed by and construed in accordance with the laws of United Kingdom, excluding its conflict of law provisions.

Customer and yMO agree to submit to the exclusive jurisdiction of the courts of the United Kingdom.

If any provision(s) of the Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect.

yMO's failure to exercise or enforce any right or provision or any other right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by yMO in writing.

Customer and yMO agree that any cause of action arising out of or related to any yMO Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

 

21.         Site access

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this Website may be interfered with by numerous factors outside our control.

 

22.         Acceptance of terms and conditions by purchaser

By making a purchase via this website, the purchaser is deemed to have accepted the terms and conditions herein (as may be revised from time to time), and, any and all other terms and conditions imposed by yMO on the use of this website, including but not limited to the terms of site use. In the event of any conflict between the terms and conditions herein (as may be revised from time to time) and the terms of site use or any other terms and conditions imposed by yMO, such terms of site use or any other terms and conditions imposed by yMO shall prevail.
yMO reserves the right to change any of the terms and conditions herein or under which purchases via this Website are made. The purchaser is responsible for regularly reviewing these terms and conditions.
The purchaser is solely responsible for ensuring that the purchase of products & services via this website and the products and services are in compliance with any laws, regulations, bye-laws, directives, approvals and guidelines applicable to the purchaser under the relevant jurisdiction applicable to the purchaser. In the event of any conflict between such any laws, regulations, bye-laws, directives, approvals and guidelines applicable to the purchaser and the terms and conditions herein, the purchaser is deemed to have expressly waived the application of such conflicting laws, regulations, bye-laws, directives, approvals and guidelines in relation to the purchaser and the purchase transaction.

 

23.         Colours

We have made every effort to display as accurately as possible the colours of the products that appear on this Website. However as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

 

24.         Payment

24.1. Any payment can be made by any major credit card (VISA/Mastercard). Payment will be debited and cleared from the customer’s account before the disspatch of Your Good or provision of the Service to you.

24.2. The customer confirms that the credit card that is being used is Yours.

24.3. All credit card holders are subject to validation checks and authorisation by the card issuer and We may share the customer’s personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of the customer’s credit card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.

 

25.         Eligibility to Purchase

25.1. The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website.

25.2. The Website is available only to individuals and companies or partnerships who We, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to Us, whose applications are acceptable to Us and who have authorised Us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.

25.3. By making an offer to buy any Goods or Services, the customer specifically authorises Us to transmit information (including any updated information) or to obtain information about the customer from third parties from time to time, including but not limited to the customer’s r credit-card number or credit reports, to authenticate the customer’s identity, to validate the customer’s credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

 

26.         Cancellation & Refund Policy

26.1 All sales are final, and cannot, under any circumstances, be cancelled.

26.2 We have a mandatory no refund policy. However, If you are dissatisfied with the service and have a valid reason for doing so, please contact us and we will try to resolve it, provide a workaround, make amends or whatsoever necessary to find an alternative solution. We take pride in providing and maintaining excellent levels of service to our customers.

26.3 In cases of refund dispute, please contact us. We will decide on refunds solely based on the discretion of the management.

26.4 If refund is decided and you request to be refunded to your credit card account, there may be administrative charges incurred by our secured credit card gateway provider, therefore refund to your credit card account may not be made in full depending on the administrative charges. However instead of a full refund, the full amount can be offset against any future transactions on yMO Website and in such a case, no administrative charges will be charged to you.

26.5 Also, due to any reason, if you wish to terminate using the service at any time while your subscription is in force, please inform us. In such cases, the remaining fees will not be refunded and hence, be forfeited.

 

27.         Safe Harbor Statement Under the Private Securities Litigation Reform Act of 1995

The yourMedOptions website and any publications on this site may contain forward-looking statements relating to the success of any of the Company's strategic initiatives, the Company's growth and profitability prospects, the benefits of the Company's products and/or services to be realized by customers, the Company's position in the market and future opportunities therein, the usage of our products and/or services by customers, and future performance of yourMedOptions. Forward-looking statements may also include, without limitation, any statement relating to future events, conditions or circumstances. Forward-looking statements are not promises or guarantees and are subject to certain risks and uncertainties, and actual results may differ materially. These risks and uncertainties include, among others, risks involved in the completion and integration of acquisitions, the possibility of technical, logistical or planning issues, the continuous commitment of the Company's customers and other risks. You should not place undue reliance upon any such forward-looking statements, which are based on management's beliefs and opinions at the time the statements are made, and the Company does not undertake any obligations to update forward-looking statements should circumstances or management's beliefs or opinions change.

 

28.         Content

Content refers to any information provided by the customers that is uploaded to yMO website.

Such content includes (but is not limited to) the following:

a.        Personal Information provided during registration

b.        Personal Profile 1. Profile 2. Personal Image

c.        Reviews of hospitals

d.        Ratings of hospitals

e.        your treatment costs

 

We reserve the right to reject a user from becoming a member/customer.

We also reserve the right to reject changes made by the user to his Personal Profile.

Also, we reserve the right to reject a review (includes review, ratings and treatment costs). A rejected review will not be available for viewing by others.

We reserve the right to reject/remove any content uploaded by any member.

 

Acceptable Behaviour with regards to Content

Your use of the features granted to you shall be in accordance with these conditions, which are non-negotiable.

 

You agree that you will not:

o Post, transmit, upload, email or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as for example, inside information, confidential or proprietary information gained or disclosed as a part of employment relationships, or under agreements of nondisclosure.

o Post, transmit, upload, email or otherwise make available any content that in doing so infringes upon a trademark, patent, copyright, trade secret or other proprietary rights of any party.

o Post, transmit, upload, email or otherwise make available any material that contains software viruses, computer code, programs or files that are designed to interrupt, limit the functionality of or destroy any computer hardware or software, or telecommunications equipment.

o Post, transmit, upload, email or otherwise make available any content that is illegal, abusive, harassing, defamatory, confidential, harmful, threatening, vulgar, libelous, invasive of another’s privacy, or ethnically, racially or otherwise objectionable.

Impersonate any person or entity. This includes falsely stating or otherwise misrepresenting your affiliation with another person or entity.

o Manipulate or forge headers or identifiers with the intention of disguising the origin of any content that you provide to the Website.

o Register or post in excess of one account with Us. Should it come to our attention that you have registered more than one account, we may remove your posting rights, therefore prohibiting your participation on the Website.

 

Forum Use

This section governs use of the discussion forum, and applies to all users either directly or indirectly, registered or otherwise.

 

You agree that you will not:

o Provoke others or cause trouble.

o Make personal attacks on anyone during your use of the forum. Do not abuse someone for example, because of their race, colour, sex, or religious beliefs.

o Reignite inflammatory threads by creating new threads after existing threads on the same topic have been closed.

o Use excessive and unnecessary use of bad language.

o Attempt to take threads off-topic or make off-topic posts within threads. Off topic posts may be removed at our discretion. The section marked as a designated “off-topic” area is more relaxed on off-topic posts.

o Argue a moderators decision publicly. Any and all complaints directed at a moderating decision should first be addressed to the moderator in question via private message. If the problem can not be resolved, then You should state Your position to the webmasters, who will make or change any and/or all final decisions on a democratic basis.

o Reproduce messages sent using the forum Private Messaging function on the forum or anywhere else without permission from the sender, unless requested to by an administrator for site administration purposes.

o Provide links to third party web sites or content unless given express permission to do so by a moderator or administrator. The exception to this condition is links which are shown to be relevant to any discussion taking place will be permitted within the context of that discussion. We may remove third party links at any time with or without explanation.

o Abusive posts will not be tolerated under any circumstances.

 

You agree that:

o We may, for content management purposes, move a forum thread to a more appropriate forum area if We feel that it is situated in the incorrect forum area.

o We may, for content management purposes, close a thread. This would usually be because the discussion in the thread is not moving along, users are not covering new points, or that the discussion is going around in circles. We would also consider whether the discussion is interesting or motivates participation in the context of the forum subject matter.

Only one warning will be issued to member(s) about their behaviour. If this warning is ignored then the member(s) in question will be suspended, there will be no second warning. You will be free to contact yMO to clarify the reason for suspension, and if necessary it will be reviewed. Only if, in the view of yMO, a clear mistake has been made, will a lifting be considered.

 

Third Party Web sites

You accept that we cannot be held responsible for any third party Web sites that you may access through yMO website, and further agree that any third party content is not our responsibility. We do not endorse any third party Web sites or content unless clearly stated, and therefore cannot be held liable or responsible for any promotion, content, service or product that is located on a third party web site. We further cannot be held liable or responsible for any loss or damage, offence that may be caused, or that you allege has been caused by third party content or Web sites

 

All and any contact that you have with third party traders or Web sites that you may come into contact with during your use of the Website, including but not limited to payments for products or services, any conditions made, warranties offered, or contracts entered into, are your responsibility and not the responsibility of yMO.

 

Our Rights

You will acknowledge and accept that the yMO website contains a large and varied amount of content. We do not check content posted by you prior to it being placed on the web site. We therefore reserve the right to remove or delete in part or in its entirety any content that you submit should We feel that it violate these terms and conditions, or any guidelines or announcements that may be available to view elsewhere on the Website. We are neither liable nor responsible for the content that you submit. We will monitor such content as appropriate and act accordingly should we be informed of any objectionable material.

 

We will not however, be under any obligation to accept requests to edit or delete a post or a significant amount or all your posts in their entirety. If you request your account to be deleted you acknowledge and accept that we are under no obligation to edit or delete all your posts submitted on the site.

 

You will acknowledge and accept that we have the right to temporarily or permanently remove your ability to post content, and that we further have the right to ban you from the Website should you break any of these Terms and Conditions.

 

You acknowledge and accept that if you are banned from use of the Website, you will not in any way attempt to re-register using any other name or identity not known to us, or any other email address not known to us. If you do so, we will pursue the maximum penalty available under your Internet Service Providers’s Acceptable Use Policy.