Terms and Conditions | Medical Butler

MedicalButler.com User Terms and Conditions

Definition of Service

MedicalButler.com provides a platform where users such as corporate clients, patients, and healthcare professionals can enjoy a wide range of streamlined end-to-end solutions including trainings, borderless healthcare services, interactive health education/information services; document based professional opinion; and medical travel services. Users can chat with a Medical Butler who is a nurse trained in MedicalButler.com’s range of health services. The Medical Butler will assist users in procuring and arranging for selected services rendered by its service providers. MedicalButler.com makes no representation or warranty whatsoever as to (a) the willingness or ability of any Expert to give advice, (b) whether the user shall find the advice given by an Expert satisfactory, (c) whether the advice of the Expert will provide an adequate solution to his or her question, or (d) whether the Expert advice will otherwise be suitable to his or her needs. MedicalButler.com does not endorse the skills, degrees, qualifications, credentials or background of any Experts. Therefore, the user is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Experts from whom he or she receives or contemplates to receive advice or services. MedicalButler.com does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information, or other services provided by Experts, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Expert. MedicalButler.com does not warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written by its Experts or any advice provided, including any information contained in any Expert listing. MedicalButler.com will not be liable for any damages sustained due to reliance by User on such information or advice provided by any Expert.

Interactions with Medical or allied Health Professionals, and other Experts

If a user chooses to interact with any medical or allied health professional, or other professional expert on the Site, the user relationship (as with all other Experts) is strictly with the professional. MedicalButler.com is not involved in any way with the substance of that relationship or the advice or information given therein, and does not validate the information or advice provided to you by such experts. The advice or information provided by professional experts is provided for informational purposes only and cannot be considered a substitute for professional advice. Without limiting the previous statement, advice or information provided by medical health professionals or physicians is provided for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the user by a doctor or health professional. Users should not rely solely on advice provided by medical health professionals or physician Experts on the site. MedicalButler.com strongly recommends that a user seeking medical advice make an appointment for an examination in person with qualified professionals. It is mandatory that all document based professional opinion can only be conducted if the user has a primary case summary from another qualified health professional. All document based professional opinions offered are to be considered as a second opinion for alternative reference only. MedicalButler.com does not endorse or recommend any medical professional, allied health professional, physician, or other professional or Expert on the Site. User understands that it is his or her responsibility to check the certification and/or licensing of the medical and allied health professional, physician, or other professional Expert with the applicable state licensing Board or authorities in the expert’s state or country. User acknowledges no Experts are employees or agents of MedicalButler.com and MedicalButler.com assumes no responsibility for any act or omission of any such Expert. User understands and agrees that, although a medical professional, allied health professional, physician, or other professional Expert may have been accessed through the Site, MedicalButler.com cannot predict or assess the competence of, or appropriateness for User’s needs, of the professional or other Expert. User also understands that User takes full responsibility for the decision to access a medical professional, allied health professional, physician, or other Expert through the Site and to continue to interact with the medical professional, allied health professional, physician, or other Expert, and that the role of MedicalButler.com is strictly limited to providing access to such professionals and other Experts and their services for User’s consideration. User hereby releases and agrees to hold harmless MedicalButler.com, its directors, officers, medical butlers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of medical professional, allied health professionals, physicians, or any other Experts accessed through the Site. IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES. Opinions of the medical professionals or allied health professionals, physicians, attorneys and other Experts are solely their opinions, and not those of MedicalButler.com. MedicalButler.com does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding the medical professionals, allied health professionals, physicians, or other Experts. MedicalButler.com does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Expert. User should independently verify the qualifications, experience and credentials of any Expert engaged by User.

Content, Interactive Education & Information Services

MedicalButler.com may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, MedicalButler.com operates Interactive Health Education and Information Concierge/ Special Skill Group services pursuant to which Experts or Special Skill Group operators may answer questions regarding various topics. As noted above, MedicalButler.com does not warrant the validity, accuracy, or availability of the content and Expert advice provided and it will not be liable for any damages sustained by User due to reliance on such information or advice. The information furnished by Experts is intended for general reference purpose only. The consultation with Experts via MedicalButler.com cannot and does not replace a meeting with a professional. User is encouraged to verify the information furnished by Experts. Any information on MedicalButler.com and information furnished by Experts is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE USER’S FULL AND SOLE LIABILITY.

Membership

MedicalButler.com has a free online membership for patients and health professionals which allows members to receive newsletters, webinar invites and other updates. Certain special promotions like air ticket rebates or other lifestyle/travel incentives may be offered to members from time to time. The terms and conditions for the incentive campaign will be included in the marketing collaterals. MedicalButler.com reserves the right to terminate, withdraw or suspend any membership rights without providing any valid reasons or prior notice. The membership right is not transferable or to be resold.

Medical Travel

MedicalButler.com has a range of health programs for medical travelers. It is the sole responsibility of the User to select the appropriate health program according to the budget, preferred destination, procedure type and time frame of the user, and liaise directly with the service provider. Our medical butler only plays the role of assisting the User with research according to the User’s need. The ultimate decision of selecting the doctor still lies with the User. It is the User’s responsibility to communicate costings, schedule, procedure type and all other information with the service provider directly. Medical Butler may assist in the communication between User and service provider. However, MedicalButler.com, its officer, affiliates, directors, shareholders, employees, sub-contractors, medical butlers and agents are not liable for any error, miscommunications, complications, side effects and unsatisfactory outcome from the health program offered by the service provider. MedicalButler.com strongly recommends User to be covered by insurance for both the procedure and travel before embarking on any medical programs abroad. MedicalButler.com and its medical butlers is does not represent the medical opinion of any of our health service providers.

Disclaimer of Warranty and Limitation of Liability

USER ACKNOWLEDGES AND AGREES THAT THE MEDICALBUTLER.COM SERVICE IS PROVIDED “AS IS”, AND THEREFORE USER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS MEDICALBUTLER.COM IN RESPECT TO MEDICALBUTLER.COM’S EXPERTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE USER’S NEEDS. THE USE OF MEDICALBUTLER.COM IS AT THE USER’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, MEDICALBUTLER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. MEDICALBUTLER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A USER DECIDES TO RELY ON INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF MEDICALBUTLER.COM, USER MUST EXERCISE A HIGH STANDARD OF CARE. THE USER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS MEDICALBUTLER.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE USER DECIDES TO RECEIVE AND/OR TO RELY ON. MEDICALBUTLER.COM WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH MEDICALBUTLER.COM. THE PURCHASE OF SERVICES IS EFFECTED AT THE USER’S SOLE RISK. UNDER NO CIRCUMSTANCES WILL ,MEDICALBUTLER.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEDICAL BUTLERS, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. MEDICALBUTLER.COM, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY USER TO EXPERTS THROUGH MEDICALBUTLER.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. USER ACKNOWLEDGES AND AGREES THAT MEDICALBUTLER.COM DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE USER AND USER AGREES TO INDEMNIFY AND HOLD MEDICALBUTLER.COM HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. MEDICALBUTLER.COM WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A USER, INCLUDING A USER FEE AGREEMENT. USER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH MEDICALBUTLER.COM, THE USER HEREBY RELIEVES MEDICALBUTLER.COM, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEDICAL BUTLERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH USER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

User Agreement

By submitting the User registration form, you, the User, represent, warrant and agree to the following:

You are at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person who is submitting a User registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her;

The information furnished by you in the registration form and prechat survey is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.

User’s Conduct:

You, the User, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using MedicalButler.com you will act according to the following rules and agree to the following:

User will have the sole responsibility to verify the Expert’s identity, qualifications, credentials, biographic information, licenses held, and other information delivered to User by an Expert;

In addition, MedicalButler.com cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Experts;

MedicalButler.com is not involved in any transactions between User and Expert. MedicalButler.com does not control the quality, relevance or accuracy of the advice, whether the Expert is qualified to provide the specific advice, whether the Expert is categorized correctly or in the most appropriate category to provide the advice sought by the User, the accuracy of any postings on the Site or any transmissions through it by Users or Experts;

User agrees that any information or content that he or she posts or transmits or receives through MedicalButler.com will not be considered confidential. User grants MedicalButler.com an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.

User consents to MedicalButler.com collecting and processing any personal information, as per the terms of MedicalButler.com’s Privacy Policy.

All interactions between User and Expert will be billed through MedicalButler.com regardless if the interaction is online or offline. User agrees to abide by the pricing terms agreed upon with an Expert while utilizing MedicalButler.com and to pay MedicalButler.com for all services rendered to User by Experts;

User will not take any actions that may undermine, disrupt or manipulate the integrity of the User feedback (rating) system on the Site. MedicalButler.com may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings posted for paid sessions with a fee lower than any newly set minimum fee. MedicalButler.com also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the user feedback system.

User will not to interfere with or disrupt the MedicalButler.com servers or networks connected to the Site;

User will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings;

User will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;

User will not disobey or breach this Agreement or any other applicable instructions conveyed by MedicalButler.com;

User will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;

User will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;

MedicalButler.com enables the transfer of files between Users and Experts. When opening such file attachments received from Experts it is the User’s responsibility to scan them with an anti-virus software application prior to opening them;

User will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;

User will not stalk, threaten or harass Experts or other Users or infringe upon or attempt to infringe upon their privacy; and;

MedicalButler.com may review the User’s personal profile and amend any typing or spelling errors. MedicalButler.com cannot and will not examine the validity or accuracy of the details in the User’s personal profile or in any of the User’s postings or transmissions. However, MedicalButler.com may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the User. Without derogating from the above, MedicalButler.com may remove any content violating this Agreement. The User will bear all the risks associated with the uploading and transmitting of material while utilizing MedicalButler.com, including reliance on its accuracy, reliability or legality.

User and MedicalButler.com Fees

MedicalButler.com will use reasonable efforts to process the payments due from the User according to the terms agreed upon between User and an Expert within seven (7) working days from the execution date of each transaction. User is obligated to report to MedicalButler.com in cases when he or she was billed directly by an Expert (i.e. not through MedicalButler.com). Such report should include a description of the service that was rendered by the Expert and the price charged. Time charges to Users are based on increments of a minute as measured on MedicalButler.com ‘s servers. Charges to Users are rounded up so that any part of a minute is considered a full minute of time charges. MedicalButler.com ‘s billing system is not fault-free or flexible; therefore MedicalButler.com shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the User. If the User thinks that a mistake has occurred he or she may send his or her complaint to accounting@medicalbutler.com.

User Name and Password

When you, the User, create and open an account with MedicalButler.com, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify MedicalButler.com of any unauthorized use of User’s password, user name, e-mail, or any other breach of security. MedicalButler.com encourages User to change their password at least once a month. MedicalButler.com will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by MedicalButler.com due to someone else’s use of your account or password.

Privacy User Information.

User does not have to furnish the information required for registration to MedicalButler.com. However, without that information User will not be able to use the services of MedicalButler.com. MedicalButler.com is the sole owner of the information collected on this Site. MedicalButler.com will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that MedicalButler.com may collect, process, and transfer any information, private or otherwise, so long as MedicalButler.com does so for the purpose for which it was collected. In order to use MedicalButler.com, both Users and Experts must first complete a registration form. During registration the User is requested to furnish contact information, such as name and email address. This information may be used to contact the User about the services on MedicalButler.com in which he or she has expressed interest, and is also used as User’s login information. User may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so MedicalButler.com may provide a more personalized experience on the Site. In such case the User may decide whether he or she wishes to provide such information or not. The information furnished by the User during the registration process will be kept in MedicalButler.com’s database. MedicalButler.com will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and MedicalButler.com will therefore not be liable for any direct, indirect, consequential or incidental damage that the User may sustain due to unauthorized intrusion of the database. User consents to MedicalButler.com collecting and processing User’s personal information for normal business use by MedicalButler.com.

User Communications

MedicalButler.com does not screen or edit the content of communications between Experts and Users, but MedicalButler.com may copy, transmit and review communications conducted by or through MedicalButler.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the User and the Expert agree to other distribution, for example, by posting questions or services on the Public Board (described later). Currently, chat communications between the User and MedicalButler.com’s servers are encrypted. Chat communications between the Expert and MedicalButler.com’s servers are also encrypted, but only if the Expert is using the most current version of MedicalButler.com’s software. Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring. MedicalButler.com may make public bulletin boards available to its Users. The Public Boards allow Users to post questions or service requests that can be viewed by all Experts. Requests may be posted anonymously. A User can also determine the length of time he or she wishes to have his or her question remain “in view” on the Public Board. All postings, descriptions, etc. on the Public Board are public until User enters into a personal negotiation with an Expert. All subsequent communications between the User and Expert, including both the negotiation phase and the actual relaying of service, are not available to other MedicalButler.com Users and Experts, and are confidential between Expert and User. Chat and e-mail communications between Users and Experts are stored on MedicalButler.com servers for a certain amount of time and available for review by Experts and, if a paid session, by Users.

Cookies

MedicalButler.com makes use of cookies to store information. A cookie is a piece of data stored on the User’s hard drive containing information about the User. For instance, by accepting a cookie by MedicalButler.com, the User will not have to enter his or her login information (his or her email and password) every time he or she logs into his or her account, thereby saving time while on MedicalButler.com. If the User rejects the cookie, he or she may still use MedicalButler.com; however, the User will simply have to login each time he or she visits the Site. Cookies can also be used to enable MedicalButler.com to track and target the interests of the User in order to enhance his or her experience on MedicalButler.com. Of course, if the User shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the User’s communications with Experts and MedicalButler.com.

MedicalButler.com Use of Data

MedicalButler.com uses IP addresses to analyze trends, administer the site, track a User’s movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the User’s experience when using the Site. MedicalButler.com may also retain any emails, letters, or other correspondence between the User and MedicalButler.com to ensure quality control and the best possible service, although it has no obligation to do so. MedicalButler.com may use the information furnished by the User, as well as information that it collects regarding use patterns and transactions that are conducted through MedicalButler.com, in order to improve MedicalButler.com, to analyze statistical information regarding MedicalButler.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the User personally. MedicalButler.com may from time to time send e-mail advertisements to Users, whether the material is its own or is commercial information furnished by third parties. User is given the opportunity to ‘opt-out’ of having his or her information used for purposes not directly related to MedicalButler.com at the point when MedicalButler.com asks for such information. MedicalButler.com’s registration form has an ‘opt-out’ mechanism to allow for removal from newsletters, promotions, etc., and Users can always choose to ‘opt-out’ by following the appropriate procedure from within the User’s MedicalButler.com account. Ratings and testimonials provided by Users on MedicalButler.com are public and are identified by the User’s Screen Name. If the User elects to use MedicalButler.com’s referral service for informing a friend about the Site, MedicalButler.com asks the User for the friend’s name and email address. MedicalButler.com will automatically send the friend a one-time email inviting them to visit the Site. MedicalButler.com stores this information for the sole purpose of sending this one-time email. The friend may contact MedicalButler.com at service@medicalbutler.com MedicalButler.com reserves the right to partner with another party to provide specific services. When the User signs up for these services, MedicalButler.com will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services. MedicalButler.com may assign, transfer, rent, sell or lease its database, without giving the User any prior notice, to any other subsidiary of MedicalButler.com’s holding company, MedicalButler.com’s subsidiaries and, in any case of merger or bankruptcy to the surviving entity after such merger or bankruptcy or to any third party that will ratify MedicalButler.com’s privacy policy. MedicalButler.com may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between MedicalButler.com and the User. In addition, MedicalButler.com may disclose personally identifiable information to the Expert or to public authorities to deal with emergency situations or situations where the User’s safety may be in jeopardy. MedicalButler.com may, in its discretion, create co-branded web sites with its partners. In such case, the User listings may appear in the co-branded site. Unless User agrees otherwise, all personally identifiable information is stored solely by MedicalButler.com. MedicalButler.com does track and record an affiliate web site from which a visitor has linked to MedicalButler.com.com. If a visitor registers to become an Expert and/or a User, MedicalButler.com may track the partner website’s name in order to further the relationships MedicalButler.com has with its affiliates.

General

If a User wishes to update his or her personally identifiable information, such as a mailing address, or if a User no longer desires MedicalButler.com’s service, MedicalButler.com will endeavor to provide a way to correct, update or opt-out of any of MedicalButler.com’s services. This can usually be done from within the User’s MedicalButler.com account, or by emailing our Customer Support at service@medicalbutler.com If the User has any questions about MedicalButler.com’s privacy statement, the practices of MedicalButler.com, or your dealings with MedicalButler.com, please contact: service@medicalbutler.com.

Links

MedicalButler.com may contain links to web sites operated by third parties. MedicalButler.com has no control over such sites and the information provided in them. The User acknowledges and agrees that MedicalButler.com is not responsible for the availability of such third party web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. The User warrants and agrees that MedicalButler.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party web sites. MedicalButler.com encourages the User to be aware when he or she leaves MedicalButler.com and to read the privacy statements of each and every web site that collects personally identifiable information.

Advertisements

MedicalButler.com may include in MedicalButler.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the User may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser. The User acknowledges and agrees that MedicalButler.com is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The User is wholly liable for all communications with advertisers and for all transactions subsequently executed.

Modifications and Termination of Flyfreeforhealth.com

MedicalButler.com reserves the right to modify or discontinue, temporarily or permanently, the services in MedicalButler.com, with or without notice to User. User agrees that MedicalButler.com shall not be liable to User or any third party for any modification or discontinuance of MedicalButler.com’s services, or for any losses or damages that may result to User from such discontinuation or interruption of service. MedicalButler.com’s services depend on various factors such as software, hardware and communications networks of MedicalButler.com, its contractors and suppliers. Hence, MedicalButler.com cannot guarantee that MedicalButler.com’s service will be uninterrupted or that it will be timely, secure or error-free. MedicalButler.com, in its sole discretion and for any reason, may terminate User’s participation in MedicalButler.com and refuse any and all current or future use by User of MedicalButler.com.

Intellectual Property

MedicalButler.com is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in MedicalButler.com and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. MedicalButler.com contains copyrighted material, trade secrets and proprietary information owned by MedicalButler.com. This Agreement does not grant the User any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of MedicalButler.com. The User may not create derivative software based upon any trade secret, intellectual property or proprietary information of MedicalButler.com. Furthermore, the User may not sub-license, assign, transfer, sell or make any other commercial use of his or her usership in MedicalButler.com. The User may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of MedicalButler.com’s and MedicalButler.com, or take any other action that infringes upon or impairs MedicalButler.com’s trademark rights. MedicalButler.com shall retain all ownership in and to MedicalButler.com and all content displayed on MedicalButler.com, including copies of data transferred or received by User through the Site.

Copyright Policy:

MedicalButler.com respects the intellectual property of others, and we ask our users to do the same. MedicalButler.com may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MedicalButler.com’s Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 3. a description of where the material that you claim is infringing is located on the Site, including the URL; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. MedicalButler.com’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: By mail: Copyright Agent 391B Orchard Road Ngee Ann City Tower B, #13-09 Singapore 238874 By phone: (65) 67378773 — in Singapore By fax: (65) 67338022 — in Singapore By email: copyright@medicalbutler.com .

Limited License

MedicalButler.com grants User a nonexclusive, revocable right to use the Site provided that User does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement.

Indemnification

User shall indemnify, defend and hold harmless MedicalButler.com, and its employees, medical butler, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against MedicalButler.com or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by User according to this Agreement; (b) User’s refusal to pay for services provided by any Expert; or (c) any materials that User had posted to MedicalButler.com or transmitted through it, and/or any content on User’s Web site or otherwise provided by User.

Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.

No Assignment

User shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of MedicalButler.com. Any purported assignment by User without the appropriate prior written approval will be null and void and of no force or effect.

Modifications to this Agreement

MedicalButler.com may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, User is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, User agrees to be bound by such changes to this Agreement.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of Singapore and the Philippines (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Singapore and the Philippines. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between MedicalButler.com and User with respect to the subject matter hereof, and User has not relied upon any promises or representations by MedicalButler.com with respect to the subject matter except as set forth herein. MedicalButler.com services are not open to Users who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with Singapore and the Philippines. No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

Violation

The User may report any violation of this Agreement to service@medicalbutler.com.