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Terms and Conditions Please Read and Review These Terms and Conditions Carefully Before Using This Site TERMS AND CONDITIONS PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE General Terms and Conditions www.consumermedical.com, www.myconsumermedical.com, www.cmr- medicaldecisionsupport.com, or www.mdsgoldenticket.com is an online information service created by Consumer’s Medical Resource, Inc. (ConsumerMedical) that provides healthcare related information, including but not limited to text, graphics, images, audiovisual recordings, tools, information obtained from ConsumerMedical licensors and other third parties, and other material contained on the Site (“Content’) to authorized users. Use of the Site is governed by these terms and conditions of use (“Terms and Conditions”). ConsumerMedical may modify, revise, or update these Terms and Conditions at any time without prior notice to you. Any modifications, revisions, or updates made to these Terms and Conditions will be effective immediately upon posting to the Site. By accessing, browsing, and/or using the Site or any of the Content on the Site, you signify your agreement to be bound by all of these Terms and Conditions as posted on the Site at the time of your access, browsing or use. You agree to review the Terms and Conditions posted on the Site each time you use the Site so that you are aware of any modifications made to these Terms and Conditions. If you do not agree to be bound by all of the Terms and Conditions as posted on this Site at the time you use the Site you may not use the Site. ConsumerMedical reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ConsumerMedical will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. Medical Disclaimer The Content on this Site is intended to provide helpful health information for authorized users and is designed to supplement other sources of medical information. ConsumerMedical has made reasonable efforts to ensure the Content is provided by objective information sources such as academic institutions or government agencies. The Content provided is not provided by health insurance companies, pharmaceutical companies, preferred research organizations, or preferred/incented partners. The Content should not be considered complete and does not cover all diseases, ailments, physical conditions or their symptoms or treatment. ConsumerMedical and its associates are not engaged in the practice of medicine or nursing. We encourage users of our services to consult with your treating physician before making and changes to their clinical program. The Content is made available with the understanding that ConsumerMedical is not engaged in rendering medical, health, psychological, or any other kind of professional or licensed medical services on the Site and nothing on the Site should be construed as medical advice, diagnosis, or treatment. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your own healthcare professional about your specific situation. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. No change in your medical treatment regimen should be made without specific knowledge or approval by your own healthcare professional. If you think you may have a medical emergency, call your healthcare professional or dial 911 immediately. ConsumerMedical does not endorse any specific tests, physicians, products, procedures, opinions, or other information on the Site or in the Content. Use of the Site or the Content contained on the Site is voluntary. ConsumerMedical regards all use of the Site and Content as voluntary, and reliance on the Site and Content is solely at your own risk. As part of our services, ConsumerMedical may also provide you with the names of doctors or hospitals and other facilities from our licensed, proprietary databases or other available sources. This may include suggestions relating to second and expert opinions, whether obtained in person or remotely. The databases consist of practitioner details including: board certification, academic affiliation, procedure volume, outcomes information, malpractice history, and research publication. Inclusion of a physician, hospital or other facility in our source databases does not constitute an endorsement of or warranty relating to the services of that physician, hospital or facility. Moreover, suggestions relating to second or expert opinions, whether obtained in person or remotely, are provided to you with the understanding that any services you obtain from any such physician or expert are provided purely through a relationship between you and such physician and ConsumerMedical has no responsibility for that relationship whatsoever. Medical Insurance and US Health Care CONSUMERMEDICAL IS NOT AN INSURANCE COMPANY. THERE MAY BE TREATMENT OPTIONS AND PROVIDERS INCLUDED IN THE CONTENT THAT ARE NOT COVERED BY YOUR MEDICAL INSURANCE PLAN. PLEASE CONSULT YOUR MEDICAL INSURANCE PLAN DIRECTLY FOR ALL INSURANCE COVERAGE ISSUES. IN ADDITION, THE CONTENT PROVIDED IS DESIGNED FOR USE WITHIN THE UNITED STATES HEALTHCARE SYSTEM ONLY UNLESS SPECIFICALLY NOTED OTHERWISE. User Agreement You hereby agree to abide by the following rules while accessing, browsing, and/or using the Site or any of the Content on the Site: You may not use this Site unless you are at least eighteen (18) years of age and possess the legal right and ability to agree to the Terms and Conditions. You will not impersonate another person on this Site. You will not use the Site for any purpose in violation of local, state, federal or international laws. You will not use the Content in violation of any third party’s copyright or other intellectual property rights. 2 Termination of Use If you are a Golden Ticket holder, access to the Site expires 120 days from the date of your registration. If you violate any of the provisions of the Terms and Conditions, ConsumerMedical, may, in its sole discretion, terminate your access and use of the Site. This action is in addition to and not in lieu or limitation of any other right or remedy ConsumerMedical may have available at law. ConsumerMedical shall not be liable to you or any third party for any such termination. Disclaimer of Warranties THIS SITE AND THE CONTENT AND OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ‘AS IS’ BY CONSUMERMEDICAL. CONSUMERMEDICAL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, OR WITH RESPECT TO THE CONTENT OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. ALTHOUGH CONSUMERMEDICAL HAS MADE REASONABLE EFFORTS TO ENSURE THAT THE CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CORRECT, TIMELY, AND USEFUL, CONSUMERMEDICAL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY CONTENT OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE. ALTHOUGH CONSUMERMEDICAL INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, CONSUMERMEDICAL DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR CONTENT THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. Limitation of Liability You assume all responsibility in connection with choosing any healthcare provider, whether or not you obtained information about such healthcare provider on or through this Site or Services. ConsumerMedical and its licensors, suppliers, contractors and affiliates (collectively, the “Affiliates”) and the directors, officers, employees, agents, and representatives of each, assume no and hereby disclaim all responsibility or liability of any kind, for any advice, treatment or other services rendered by any healthcare provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services. IN NO EVENT SHALL CONSUMERMEDICAL OR ANY OF ITS AFFILIATES OR THER RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, 3 CONSEQUENTIAL, PUNITIVE OR MONETARY DAMAGES (INCLUDING LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, SERVICES OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, OR BREACH OF WARRANTY CLAIMS) OR CONNECTIVITY TO OR FROM THE SITE TO ANY OTHER SITE EXCEPT WHERE SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW. IN ADDITION, NEITHER CONSUMERMEDICAL NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE CONTENT OR SERVICES ON OR PROVIDED THROUGH THE SITE. CONSUMERMEDICAL’S SOLE RESPONSIBILITY TO YOU IS TO SUPPLY CONTENT ABOUT DIAGNOSES, CONDITIONS, OR TREATMENT OPTIONS AND NO PATIENT-PHYSICIAN RELATIONSHIP IS CREATED BETWEEN YOU AND CONSUMERMEDICAL OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES. Indemnification You agree to defend, indemnify, and
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