Effective Date: August 5, 2014.
The Site is owned and operated by SecondOpinionExpert, Inc., a California professional corporation, on behalf of Second Opinion Medical Group, Inc., A Professional Corporation collectively, the “Company”). The Company reserves the right to revise or remove any part of the Terms at its sole discretion at any time and without prior notice to you by updating this posting. You should visit this page periodically for changes. As this Site is continually under development, changes to this Site may be made at any time. Any changes to the Terms are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use of this Site after a change has been posted constitutes your acceptance of the changes.
The Site describes various services provided by the Company (e.g., Second Opinion, MYeHealthRecords, etc.) (collectively, the “Services”). These Terms do not govern the Services. The Services are governed by the Services Agreement and must be agreed to upon signing up as a user to request, procure, receive, or otherwise utilize the Services.Second Opinion Service
A purpose of the Services provided through the Site is to give physicians and patients access to additional information which they may or may not choose to utilize in planning medical care. The provision of second opinions and the other Services provided through the Site are neither a substitute for primary care nor do they constitute the practice of medicine, and no physician-patient relationship is created by use of this Site. Further, the availability of Services varies by the patient's condition and state of residence.
Only the patient, with input from his/her healthcare provider, primary care physician, and/or treating physician, can decide if the Services would be beneficial to their medical treatment. Ask your healthcare provider, primary care physician, and/or treating physician if your diagnosis and/or prescribed treatment protocol may benefit from the input of the Company's consulting physicians. All evaluative observations provided through the Site are based on medical reports, records, test results, images, and/or other data provided directly by the patient to the Company, or otherwise obtained by the Company, and in no way are construed to be determinative of the treatment to be pursued by the treating physician. By deciding to engage the Services, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the evaluation you will receive is limited and provisional; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this Site do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional's ability to evaluate your condition, disease or injury.
You also agree that the second opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker's compensation and/or malpractice claims without the prior written consent of the Company.Intellectual Property
The content on this Site, including without limitation, any text, software, graphics, photos, sounds, music, videos, audiovisual combinations, patents, interactive features, any trademarks, service marks and logos contained therein and any other materials you may view on, access through, or contribute to this Site (collectively, “Materials”) are owned by or licensed to the Company, subject to copyright, trademark and other intellectual property rights under United States laws, foreign laws, and international conventions.
No Materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner. You agree not to circumvent, disable, or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Materials or content.
SecondOpinionExpert, XperTeleConsult™, and MYeHealthRecords are trademarks or registered trademarks of SecondOpinionExpert, Inc. in the United States and other countries.Links To Other Sites
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of California and the United States. You also consent to the adjudication of any disputes arising in connection with our Site in the state and federal courts located in Los Angeles County. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.Disclaimer
The information and Services are provided on an “as is” and “as available” basis. Neither the Company nor any of its affiliates make any express or implied warranties, representations or endorsements whatsoever with regard to any information or service provided through this site or through the internet generally; and under no circumstances will the Company or any of its affiliates be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of or inability to use the Site or any Services or any parts thereof, or your reliance on or use of the Site, the information, or Services provided, or that result from mistakes, omissions, interruptions, deletion, or any failure of performance. Neither the Company nor its affiliates warrant that the use of the Site or the Services will be uninterrupted or error-free or that any information, software, or other material accessible on this site is free of viruses or other harmful components.Limitation of Liability
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall the Company be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, this site or the materials on it, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.Indemnity
You agree to indemnify, defend and hold the Company and its directors, officers, employees, agents, and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with this Site.Contact Us
If you have any questions about this Agreement, please mail to firstname.lastname@example.org .