Terms

Please read these Standard Terms and Conditions before using this website.  By using this website, you signify your assent to these Standard Terms and Conditions. If you do not agree to all of these Standard Terms and Conditions, do not use or access this website.

The following Standard Terms and Conditions (these “Terms and Conditions”) govern your use of and access to this website, and any content, information, tools, applications, features of functionality made available on or through this website (collectively, this “Website”).  This Website is made available by Provider Search, LLC, a Nevada limited liability company ("Provider Search" or “We”).  Provider Search may revise and update these Terms and Conditions at any time, without notice, by posting such changes on this Website. Your continued access and use of this Website will mean you accept those changes.  If you do not agree to all of the terms of use set forth herein, do not use or access this Website.  These Terms and Conditions may constitute part of a separate written Agreement between you and Provider Search, if so specified therein.  To the extent these Terms and Conditions conflict with any such written agreement between you and Provider Search, the terms of such other written agreement shall control.  We suggest you print and retain a copy of these Terms and Conditions for your records.  

1.              Medical Advice Disclaimer.  The text, graphics, audio, video, illustrations, images and other information contained in this Website, including, without limitation, any information or other content uploaded, posted or otherwise transmitted by or exchanged between users in the Marketplace (as defined below) (collectively, the "Content") are for informational purposes only.  The Content is not intended to be, nor is it, a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay in seeking it because of something you may have read or seen on this Website.  Provider Search does not recommend or endorse any specific companies, associations, tests, products, procedures, opinions or other Content that may be included on this Website.  Reliance on any information appearing on this Website, whether provided by Provider Search, Providers or other users or third parties, is strictly at your own risk. 

The Content may include health or medical related information that is sexually explicit. If you find this information offensive, you may not want to use this Website. 

If you feel there is a medical emergency, call your doctor or 911 immediately.  If feel yourself or someone else is threatened or otherwise in danger in any way, contact your local police immediately. 

2.              Minimum Age to Use and Access this Website.  You must be at least 13 years of age to use and access this Website.  This Website is not intended for use by, nor designed to attract, children under the age of 13.

3.              Access to and Communication Within the Marketplace.  This Website includes publicly-accessible and restricted-access community areas and functionality including, without limitation, product directories, service directories, company and association profiles, testimonials, reviews, ratings, embedded and/or external media and content, message boards, RSS feeds, chat rooms, blogs, and forums where users may submit and exchange communications (collectively, the “Marketplace”).  If you use the Marketplace, you are solely responsible for you own communications and any consequences or reliance resulting therefrom.  Any opinions, advice, statements, services, offers or other information uploaded, posted, transmitted or exchanged by users in the Marketplace are solely those of the respective author(s), and not of Provider Search.

You agree that you will not upload, post or transmit any communication or information to or within the Marketplace that includes or constitutes personal or confidential information of any kind with respect to any person, including, without limitation, any information that meets the definition of “Individually Identifiable Health Information” under 45 C.F.R. § 160.103, without regard to whether Provider Search or any other party is considered a “Covered Entity” under HIPAA and its implementing regulations(collectively, “Personal Confidential Information”).

By uploading, posting or transmitting information to or within the Marketplace you agree that, except as may be provided in any written Agreement between you and Provider Search, such information is non-confidential under all circumstances and for all purposes, and you automatically grant Provider Search a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such information in any medium, file, format or forum now known or hereafter developed.   

In consideration of being permitted to access and use the Marketplace, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

(a)            Using the Marketplace for any purpose in violation of local, state, national, or international laws;

(b)            Uploading, posting or transmitting information that infringes on the intellectual property, privacy or publicity rights of others;

(c)            Uploading, posting or transmitting information that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other     person or entity;

(d)            Uploading, posting or transmitting information that includes or constitutes Personal Confidential Information of yourself or any other party;

(e)            Uploading, posting or transmitting advertisements or solicitations of business;

(f)              Disrupting the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

(g)            Uploading, posting or transmitting chain letters or pyramid schemes;

(h)            Impersonating another person;

(i)              Distributing viruses or other harmful computer code;

(j)              Harvesting or otherwise collecting information about others, including email addresses, for any purpose;

(k)             Allowing any other person or entity to use your login credentials for posting or viewing information or comments;

(l)              Uploading, posting or transmitting the same information more than once or "spamming"; or

(m)           Engaging in any other conduct that restricts or inhibits any other user from using or enjoying the Marketplace or this Website, or which, in the judgment of Provider Search, exposes Provider Search or any of its users, advertisers, customers or suppliers to any liability or detriment of any type.

4.              Monitoring of the Marketplace and Content.  Provider Search undertakes no obligation to monitor, moderate or otherwise restrict any Content available on this Website, including, without limitation, information uploaded, posted, transmitted or otherwise exchanged by or between users in the Marketplace.  By using this Website you agree that it would be impossible for Provider Search to monitor the accuracy or reliability of all the Content available through this Website.  Without in any way limiting the scope and generality of the foregoing, Provider Search reserves the right to modify or remove any Content at any time, without cause or notice.  Any opinions, advice, statements, services, offers or other Content expressed or made available by users or other third parties, are strictly those of the respective author(s) and not of Provider Search.  Provider Search neither endorses nor is responsible for the accuracy or reliability of any opinions, advice, statements, services, offers or other Content uploaded, posted or transmitted by users in the Marketplace or elsewhere on this Website. 

5.              Collection and Use of Information by Provider Search; Submissions to Provider Search by Users.

While you may use and access some of the functionality of this Website without registering, many of the tools, applications and functionality of this Website require registration.  In registering as an ordinary user of this Website you may be asked or required to provide certain personal information, including, without limitation, your name, address, email address and telephone number.  Certain users may be asked for additional information as part of the registration process in order to assist in creating their Listing (as such term may be defined in a separate written agreement between you and Provider Search).  We use this information to provide you with the specific services you select (e.g., searching for products, services, companies, associations, or appearing in directories and/or search and browsing results), send you emails about maintenance of and updates to this Website, and to inform you about changes to these Terms and Conditions.  Provider Search will not knowingly collect any personal information from a person under the age of 13. 

You also have the ability to send and transmit information to Provider Search via our physical mailing address, as well as electronically through the “Contact Us” page.  You agree that you will not send or transmit any information to Provider Search that constitutes Personal Confidential Information with respect to yourself or any other party, or that is otherwise confidential or violates the rights of any party in any way.  By sending or transmitting any information to Provider Search you agree that such information is non-confidential in all respects and for all purposes.

1. Indemnification.  You agree to indemnify, defend and hold harmless Provider Search and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, advisors, vendors, and suppliers, and each of their respective successors and assigns (collectively, the "Indemnified Persons"), from and against all claims, damages, costs, expenses and other liabilities, including attorney’s fees and expenses, arising out of or related to: (a) your access to and use of this Website (including, without limitation, the Marketplace), (b) your violation or breach of any of these Terms and Conditions, and (c) any dispute you have with any other user.  Provider Search reserves the right to participate in, control and direct its own defense and to require payment or reimbursement of the costs, expenses and fees (including, without limitation, attorney’s fees) incurred in connection therewith.
2. Disclaimer and Warranties.  THIS WEBSITE AND THE CONTENT DO NOT CONSTITUTE MEDICAL ADVICE AND IS PRESENTED SOLELY FOR INFORMATIONAL PURPOSES, AND SHOULD NOT BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU ARE ADVISED TO ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE OR TREATMENT BECAUSE OF SOMETHING YOU HAVE SEEN OR READ ON THIS WEBSITE.

If you feel there is a medical emergency, call your PHYSICIAN or 911 immediately.  If feel yourself or someone else is threatened or otherwise in danger in any way, contact your local police IMMEDIATELY. 

 

PROVIDER SEARCH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC COMPANIES, ASSOCIATIONS, TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER CONTENT THAT MAY BE FOUND ON THIS WEBSITE. RELIANCE ON ANY CONTENT IS SOLELY AT YOUR OWN RISK. 

THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE”.  PROVIDER SEARCH CANNOT AND DOES NOT GUARANTEE OR WARRANT ANY CONTENT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS ARE RESPONSIBLE FOR MAINTAINING AN EXTERNAL MEANS FOR THE RECONSTRUCTION OF ANY LOST DATA.  THE CONTENT FOUND ON THIS WEBSITE IS INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES AND ANY ACCESS TO THIS WEBSITE IS VOLUNTARY AND SOLELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER SEARCH MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, NOR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER SEARCH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.

1. Exclusion or Damages; Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
2. Additional Terms.
   1. No Agency; No Third Party Beneficiary.  These Terms and Conditions do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms and Conditions.
   2. Links to Other Websites.  This Website may contain links to other websites.  Once you enter another website (whether through advertisement or Content link) we are not responsible for the terms of use or privacy practices of these other sites.  Users are encouraged to look for and review the terms of use and privacy practices of every other website that you visit through a link or advertisement on this Website.
   3. Severance. If any part of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described in these Terms and Conditions is given effect to the fullest extent possible.
   4. Assignment. These Terms and Conditions are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Provider Search. Any attempt by you to assign, transfer or delegate these Terms and Conditions without the express written permission of Provider Search will be null and void.  
   5. Choice of Law and Venue.  The internal laws of the state of Arizona, without regard to its conflict of laws principles, shall govern the validity of these Terms and Conditions, the construction of its terms and the interpretation of the rights and duties of the parties.  Any disputes arising from or in connection with these Terms and Conditions shall be settled in the courts situated in Maricopa County, Arizona.
   6. Limitations on Actions.  Any action concerning any dispute arising from or in connection with these Terms and Conditions or your use of this Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
   7. Entire Agreement.  These Terms and Conditions, together with any other written agreement between you and Provider Search (if any), comprise the entire agreement between you and Provider Search with respect to the access and use of this Website.
   8. No Waiver.  The failure of any party to exercise or enforce any right or provision of these Terms and Conditions, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches.
   9. Force Majeure.  Provider Search shall not be responsible for, nor deemed to be in default under these Terms and Conditions or any other written agreement between you and Provider Search on account of, any failure or delay in performance on the part of Provider Search due to an act of God or governmental authority, strike or labor dispute, fire, earthquake, terrorist act, act of war or military action, flood, epidemic, pandemic, weather condition, computer or software failure, inadequacy or interruption of supply, inadequacy or interruption of any utility, breakdown or any cause beyond the commercially reasonable control of Provider Search.