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 (the “Terms”). You must agree to the Terms in order to use the Voyage for Health (“VfH”) website at www.voyageforhealth.com (the “Site”). If you do not agree to all of the Terms you agree to not use the Site.
VfH will assist you in two stages. The first, which is governed by these Terms, will allow you basic access to text, information, images, audio and other information regarding VfH’s medical travel program (the “Content”). The second, which will be governed by a Medical Travel Facilitation Agreement (the “Facilitation Agreement”) will allow you more complete access to the Content and any work VfH does in assisting you in connection with any medical procedure (whether inside or outside of the United States) including discussing your medical options, evaluating any destination clinics, providing medical credentials of physicians, or arranging for ancillary services associated with your travel to receive medical care (“Services”). The Facilitation Agreement may incorporate by reference certain parts of these Terms but will supersede these Terms once the Facilitation Agreement is executed by you and VfH.
VfH may revise and update the Terms and we encourage you to review the Site and the Terms for any updates or changes on a periodic basis. Your present and subsequent use of this Site demonstrates your acceptance of these Terms.
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. This Site is designed to offer you general health information for informational and educational purposes only. Regardless of form, the health information furnished on this Site is not intended to be professional advice and does not replace personal consultation with a qualified physician or other health care professional. You must always seek the advice of a professional for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. If you have, or suspect that you have, a medical condition please contact a qualified health care provider immediately. You should never disregard medical advice or delay in seeking treatment because of something you have read on this Site.
Your use or reliance upon information and Content obtained by you at or through this Site is solely at your own risk. VfH and any of its third-party Content providers or affiliates assume no liability or responsibility for damage, injury or 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 ID and password access and use which will ordinarily be provided to you only in connection with entering into the Facilitation Agreement. If you are provided an ID, you are solely responsible for (1) maintaining the strict confidentiality of your user ID and password 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 ID and password, and (3) promptly informing VfH in writing 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 the Site using your IDs.
4. Description of Service. VfH is a medical travel service agency based in the United States specializing in researching and informing users of medical treatment and recuperation packages for destinations both inside and outside the United States. In this role, we research and gather information regarding physicians, 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. Should you decide to engage VfH to provide information beyond what is openly available on the Site, you will need to enter into the Facilitation Agreement with VfH, which will modify the Terms.
5. Not A Medical Referral Service. VfH does not employ physicians and does not provide any diagnosis or treatment related to any medical conditions. It does not through the Site endorse, recommend, or approve any travel agency, healthcare provider, or health care facility listed in the Site. Except as set forth under the terms of the Facilitation Agreement, we will not discuss or advise you on any issues relating to medical treatment.
VfH facilitates contact with, and provides information about, the credentials, certifications, and other relevant information about physicians and medical facilities both inside and outside the United States to assist you in making informed decisions in obtaining medical treatment. Certain of that Content is provided to you through the use of the Site. Except as expressly provided under the terms of the Facilitation Agreement, we do not recommend any preferred or specific physician or physicians for your desired medical treatment. We encourage and advise you to discuss all medical issues with your own physicians before making a decision on medical treatment away from your local physicians and hospitals.
You agree to assume all responsibility in connection with choosing any physician for your desired treatment or procedure. Except as expressly set forth in the Facilitation Agreement, if entered into between you and VfH, 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. User Information Collected. You agree that we may collect the following information about you: your country, IP address, server host, operating system, internet browser, date and time you access the Site, the Internet domain and 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 the Site more useful to visitors. We will not knowingly make any of the foregoing information we collect available to anyone else.
7. Patient Confidentiality. You agree that you will not send any medical information to VfH prior to entering into the Facilitation Agreement and understand that such information will not be reviewed. To the extent such information is provided to us, 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, (2) as may be required or permitted by law, or (3) otherwise agreed to between you and VfH in writing.
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 the Facilitation Agreement.
9. Minors Prohibited. VfH is for use by adults only. If you are not over 18 years of age, do not use this Site. VfH 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 to be a child.
10. Copyright, Ownership and Use. All of the Content on this Site, including all text, photographs, graphics, images, format, and other expressions is the property of VfH, 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 VfH or its third party suppliers or licensors. Content on the site provided to VfH by third parties is used consistent with law and VfH’s use of the material does not imply any waiver of any right by third parties.
You agree that VfH (or, as applicable, any third-party Content providers) own all worldwide rights, titles and interests in and to the Site. All rights not expressly granted in these Terms are reserved to VfH. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by the Terms.
This Site incorporates proprietary intellectual property which may be protected by trademark, copyright and other rights which may be patentable by VfH (or its third-party Content providers) and you agree that such confidential and proprietary information will be used consistent with the Terms. This Site may provide access to additional information that may be of use to physicians and other healthcare providers and VfH provides such Content to you under the Terms.
11. 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 our 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 contact information below.
13. 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. VfH may occasionally provide links on its Site to third party websites. These links connect you with other websites which are maintained by other parties over whom VfH has no control. These links are provided only as a convenience to you, and VfH does not assume any responsibility for nor endorse such other websites. UNLESS EXPRESSLY STATED BY US, VfH 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.
15. Customer Satisfaction. VfH attempts to provide access to educational information about medical treatment options with minimum interruption. Notwithstanding any provision in these Terms, you agree as follows:
a. 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. VfH 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 VfH NOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, RELIABLE OR CURRENT. NEITHER VfH 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. VfH 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. VfH 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 VfH 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.
b. 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 VfH OR ANYONE ASSOCIATED WITH VfH 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 VfH NOR ANYONE ASSOCIATED WITH VfH 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 VfH OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER VfH 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.
c. 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.
14. Foreign Access or Use. VfH 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.
15. Indemnification. You agree to defend, indemnify and hold VfH 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 (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.
16. Termination. Your right to access and use the Site immediately terminates without further notice upon your breach of the Terms. VfH may terminate this agreement and/or your right to use the Site at any time, with or without cause. VfH reserves the right to discontinue or make changes to the Site at any time.
17. Assignment. VfH may assign the Terms, in whole or in part, in its sole discretion. You may not assign your rights under the Terms without the prior written permission of VfH. Any attempt by you to assign your rights under the Terms without the permission of VfH shall be void.
18. Waiver. The waiver by VfH of a breach of any provision of the Terms shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
19. Severability. If any provision of the Terms shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Terms shall remain in full force and effect.
20. Governing Law. This Site is controlled under the laws of the State of California and the United States of America. Any claim relating to this Site, the Content or the Services provided through this Site will be governed by the laws of the State of California, without giving application to the conflicts of laws provisions thereof.
21. Entire Agreement. Unless modified by the Facilitation Agreement or another written agreement which expressly modifies these Terms, the Terms contain the entire agreement between you and VfH relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms 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 VfH employees. Consistent with its right to modify the Terms, VfH agrees to post the current Terms on Site and such amended form of the Terms shall be effective immediately upon its posting. Such amended forms shall be deemed to have been physically signed by you by your signature on the Terms. It is at all times your responsibility to read the most current form of the Terms before using the Site to ensure that you agree to the terms and conditions of any amendments made to the Terms. You agree that these standards for notice of amendments to the Terms are reasonable.
22. Miscellaneous Information. You agree to use this Site for legal and proper purposes. If you no longer agree to be bound by these Terms, you agree to immediately cease use of the Site.
23. Notices. You may change any information previously provided to VfH. To make or inquire about such changes, send an e-mail to email@example.com or contact Customer Service at (702) 997-3073.
24. 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 VfH contrary to those set forth above. By clicking on the button below marked “accept” you acknowledge that you have reviewed and agree to all of the above provisions, disclosures and disclaimers.