Legal Disclaimers

Terms of Use

Your use of this MEDVACATION, LLC (“MedVacation” or “Company”) website shall be deemed to signify your agreement to be bound by these Terms of Use. If you do not agree to be so bound, please exit this website immediately.

Copyright

This website is copyrighted by the Company and may not be used except as provided in these Terms of Use and with the written permission of the Company.
Limitation and Exclusion of Damages and Disclaimer of Warranties

This website is offered for your convenience and in accordance with these Terms of Use. As an express condition to your use of this website, you agree that except as provided in the Company’s privacy policy below, the Company shall not be liable to you for any claim, cause of action, or injury arising from (or claimed to arise from) your use of this website. Except as set forth in the Company’s privacy policy below, this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this website, whether for breach of contract, tortious behavior, negligence, gross negligence, or under any other cause of action.

THE MATERIALS AND INFORMATION ON THIS WEBSITE (THE "CONTENTS") ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT AS SET FORTH IN THE COMPANY’S PRIVACY POLICY BELOW , IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Linking

This website may from time to time contain links to third-party websites. It may also be linked with other websites, either with or without the consent of the Company. In either case, the linked (or linking) websites are not under the control of the Company and the Company is not responsible for the content of any linked website or any link contained in a linked website. The Company reserves the right to terminate any link or linking program at any time. The Company does not endorse companies, institutions, organizations, or products to which it links (or is linked). If you decide to access any of the third-party websites linked to this website, or if you link to this website from some other website, you do this entirely at your own risk.

If you link to another website, you are leaving the Company website. The Company is not responsible for the content of any off-site pages or any pages linked to the website. The Company does not endorse companies, institutions, organizations, or products to which it may be linked. Your linking to any off-site pages or other websites is at your own risk.

Privacy/Security

The Company collects information, including personal information provided in connection with the registration process. The Company takes reasonable precautions to protect the integrity of your personal information and to keep this information secure. To ensure that your information is even more secure, once we receive it, [we store it on a server that is not accessible on the Internet].

You consent that your personally identifiable information may be used and disclosed by the Company, (including the employees, agents, professional advisors, and/or contractors of the Company); the provider(s) you indicate in your medical tourism enrollment consent and agreement ; and any institution, entity, insurance company, or person required or authorized by law to receive this information in order to market and provide the services contemplated hereby and as may be necessary to comply with applicable laws. In addition, certain information, including your credit card number and other personal identification information, will be submitted to a third-party provider of credit card processing services. In the event of a breach or violation by the Company of this privacy policy, you may have certain rights under applicable law, including for the recovery of lawful damages in accordance with these Terms of Use, including without limitation, the Limitation and Exclusion of Damages and Disclaimer of Warranties above.

General

If any of the provisions of these Terms of Use be declared or determined by any court to be illegal or invalid, the remaining provisions will not be affected and the illegal or invalid provision(s) shall not be deemed a part of these Terms of Use. The headings of each of the Terms of Use are for convenience only. The headings are not a part of the Terms of Use themselves; they do not necessarily reflect the entire subject matter of each provision; and they are not intended to be used for the purpose of modifying, interpreting, or construing any of these Terms of Use.
Choice of Law/Consent to Jurisdiction

These Terms of Use shall be treated as though they were executed and performed in the State of Colorado, USA, and shall be governed by and construed in accordance with the laws of the United States of America and the State of Colorado, USA (without regard to conflict of law principles). The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party. All claims and disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) based solely on reference to the terms set forth herein. All proceedings shall be conducted before a single arbitrator chosen by the AAA and proceedings shall be conducted in Denver, Colorado, USA. All arbitration and legal proceedings arising out of or in connection herewith shall be brought solely in Denver, Colorado, USA. You expressly submit to jurisdiction in Denver, Colorado, USA, and when applicable, you consent to extra-territorial service of process, and agree to personally appear in Denver, Colorado USA, at your sole cost and expense. The Company makes no representation that materials on this website are appropriate or available for use in other locations. Accessing this website from locations where its contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

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