This Limited License and Terms of Use (these "Terms") constitute a legally binding agreement between you and BestVeinCare.com, LLC ("BestVeinCare", "We" or "Us"), the operator of www.bestveincare.com (the "Site"). These Terms govern your access to and use of the Site and all content available on the Site ("Content"). Please read these Terms carefully before accessing or using the Site. BY CLICKING ON "I AGREE" OR BY USING OR LOGGING ON TO THE SITE OR REGISTERING AS A USER ON THE SITE YOU REPRESENT AND AGREE (1) TO BE BOUND BY THESE TERMS, (2) SUCH AGREEMENT constitutes Your electronic signature CONSENTING TO these Terms, (3) YOU ARE THIRTEEN YEARS OF AGE OR OLDER, AND (4) IF ACCESSING THE SITE ON BEHALF OF AN ENTITY OR IN THE COURSE OF YOUR EMPLOYMENT, YOU HAVE FULL AUTHORITY TO BIND SUCH ENTITY OR YOUR EMPLOYER TO THESE TERMS. IF ANY OF THESE TERMS, IN WHOLE OR IN PART, ARE NOT ACCEPTABLE TO YOU, DO NOT REGISTER ON OR USE THE SITE.
WE MAY AMEND OR SUPPLEMENT THESE TERMS AT ANY TIME BY POSTING A NEW VERSION OF THE TERMS ON THE SITE. WE RECOMMEND THAT YOU CHECK THE POSTED TERMS ON THE SITE FREQUENTLY FOR CHANGES OR ADDITIONS. If you disagree with any changes We make to these Terms, you may cease using the Site and terminate your Account. Your ongoing use of the Site or your Account registration after changes to these Terms take effect signifies your agreement to these Terms as amended or supplemented.
License Grant. Subject to these Terms, as they may be amended from time to time in our sole discretion, We grant to you a revocable, nonexclusive, non-transferable limited license to access and use the Site and Content solely for your non-commercial personal use in strict accordance with these Terms.
Accounts; Report Fees. To purchase reports you will be required to activate an account on the Site (your "Account"). Some reports on the Site are available to users without a fee and other reports are available for purchase for a per report fee of $9.95 ("Report Fee"). Report Fees are non-refundable. You may also register an Account to receive newsletters, updates and other useful information from the Site.
Term and Termination. These Terms are effective from the time you access the site, register an Account or otherwise use the Site. You may terminate your Account at any time by emailing us at registration@bestveincare.com. We may terminate your Account or your access to the Site, or any portion thereof, the license granted herein, these Terms or the Site Content, or any portion thereof, at any time for any reason without notice. Upon termination or cancellation of your Account or access to the Site, you shall immediately cease using the Site and We may invalidate your user ID and password.
Prohibitions; Use. You may use the Site for lawful, non-commercial purposes only. By accepting these Terms, you agree that you will not:
(a) sell or lease the Site or any Content, or any portion thereof, to a third-party;
(b) republish, distribute, publicly display, or create derivative works of the Site or any Content except as expressly permitted by Us in writing;
(c) reverse engineer, decompile, or disassemble the Site;
(d) take any action which would impede or interfere with the operation of the Site, or alter or interfere with the Site or Content;
(e) attempt to gain unauthorized access to the Site, any user accounts or computer systems or networks through the Site by hacking, password mining or any other means;
(f) use contact information provided by our users, or harvest information about our users, for the purpose of sending unsolicited bulk communications;
(g) permit any third party to use your Account or access the Site by using your User ID or password; or
(h) impersonate any other person or otherwise mislead Us or others as to your identity.
Passwords. You are responsible for maintaining the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your Account. In the event of any unauthorized use of your Account or any other breach of security, you must notify Us immediately.
Intellectual Property. As between you and BestVeinCare, all title and intellectual property rights in and to the Site, in whole and in part, all Content and other materials accompanying the Site, are and shall remain the sole and exclusive property of BestVeinCare. All title and intellectual property rights in and to any text, photographs or other data not owned by BestVeinCare are the property of the respective content owner, and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such third party content. All rights not expressly granted herein are reserved by BestVeinCare.
Indemnification. You agree to indemnify and hold harmless BestVeinCare and its affiliates, officers, agents, employees, representatives, attorneys, successors and assigns from and against any claims, losses, damages, liabilities, expenses (including reasonable attorneys’ fees and expenses) arising from or in any way related to your use of the Site, your use of the Content, any services or products obtained based on any Content, and your breach of these Terms.
No Warranties; Limitation of Liability. BESTVEINCARE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, QUALITY, RELIABILITY, OR COMPLETENESS OF THE SITE OR ANY CONTENT. BESTVEINCARE SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN THE SITE OR THE CONTENT. BESTVEINCARE MAKES NO WARRANTY THAT THE SITE IS VIRUS OR ERROR FREE, OR THAT THE SITE DOES NOT VIOLATE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE SITE AND CONTENT ARE PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. BESTVEINCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE OR USAGE, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES RELATED TO NON-INFRINGEMENT, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INTERFERENCE. BESTVEINCARE DOES NOT GUARANTEE OR REPRESENT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.
IN NO EVENT SHALL BESTVEINCARE, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING IN CONNECTION WITH THESE TERMS OR THE SITE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF BESTVEINCARE KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO CANCEL YOUR ACCOUNT AND CEASE USING THE SITE. IN NO EVENT SHALL BESTVEINCARE BE LIABLE FOR ANY DAMAGES OR OTHER AMOUNTS IN EXCESS OF THE REPORT FEES RECEIVED BY BESTVEINCARE FROM YOU DURING THE THIRTY DAY PERIOD IN WHICH THE EVENT GIVING RISE TO THE DAMAGES OR OTHER AMOUNTS OCCURRED.
No Medical Advice. THE SITE MAY PROVIDE INFORMATION REGARDING HEALTHCARE PROVIDERS BUT DOES NOT PROVIDE ANY HEALTH OR MEDICAL ADVICE OR ANY ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY HEALTHCARE PROVIDER FOR ANY SPECIFIC TREATMENT. THE SITE IS NOT A REFERRAL SERVICE AND DOES NOT RECOMMEND ANY PARTICULAR HEALTHCARE PROVIDER. THE RATINGS PROVIDED ON THE SITE ARE STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT. YOU SHOULD NOT RELY ON THE SITE OR ANY INFORMATION OFFERED BY THE SITE AS A SUBSTITUTE FOR, NOR SHOULD IT REPLACE, PERSONAL CONSULTATION WITH A PHYSICIAN OR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR HEALTH CARE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. THE USE OF THE SITE AND RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE IS VOLUNTARY, SELF-DIRECTED AND SOLELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY INJURIES, LOSS OR HEALTH PROBLEMS THAT MAY RESULT IN CONNECTION WITH ANY ADVICE, TREATMENT OR OTHER SERVICE PROVIDED BY ANY HEALTHCARE PROVIDER OR YOUR CHOICE TO, OR NOT TO, UTILIZE ANY HEALTHCARE PROVIDER. YOU ARE SOLELY RESPONSIBLE FOR YOUR CHOICE OF HEALTHCARE PROVIDER AND SHOULD OBTAIN ANY ADDITIONAL INFORMATION NECESSARY TO MAKE ANY SUCH CHOICE. We are under no obligation to verify or vouch for, and We do not endorse any Content. All Content submitted by you, advertisers or third parties does not represent the opinion or views of BestVeinCare, nor does BestVeinCare approve or endorse any such Content.
Third Party Websites. The Site may provide links or references to other websites operated by third parties. We are not responsible for the content, functionality, or practices of such websites, We do not monitor or investigate such websites and the inclusion of links to third party websites on the Site does not imply Our approval or endorsement of the linked websites. If you choose to access these third party websites, you do so at your own risk. You agree that BestVeinCare has no liability for any damage or loss of any type that is a result of your use of a third party website.
Notices. You agree that We may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records (collectively, "Notices"). You agree that We can send you electronic Notices (1) to the e-mail address that you provided to Us in connection with your Account registration, or (2) by posting the Notice on the Site. The delivery of any Notice from Us is effective when sent or posted by Us, regardless of whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by terminating your Account. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Linking. You must obtain BestVeinCare's prior written consent to put a text link on a site that links back to the Site. To request such consent, please contact BestVeinCare at info@bestveincare.com.
Paid Listings; Advertising. Paid Listings; Advertising. You are hereby on notice that the
healthcare providers listed on the Site or otherwise included in
Content may have paid a fee to BestVeinCare in connection with such
listing or inclusion. Healthcare providers that are verified by
BestVeinCare have paid a fee to BestVeinCare in connection with
obtaining such verification. Further, certain healthcare providers
included in the Site may be affiliated with BestVeinCare.
We may include paid advertisements on the Site. BestVeinCare does not approve of or endorse any advertisement or advertiser. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BestVeinCare shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Privacy Policy. Your use of the Site is also governed by the Privacy Policy available at: http://www.bestveincare.com/Privacy.aspx By agreeing to these Terms you are also agreeing to Our Privacy Policy, the terms of which are incorporated herein.
Governing Law; Dispute Resolution. The laws of the State of Alabama govern these Terms without regard to any conflict of law rules, and the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You agree to attempt, in good faith, to resolve any controversy, claim or dispute relating to, or arising out of or in connection with these Terms or the Site (in each and every case a "Claim"). Any Claim not so resolved shall be submitted to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration rules, and judgment on the award rendered by the arbitrators may be in any court having jurisdiction thereof; provided, however, that neither party shall be prohibited by the foregoing provisions of this Section from pursuing temporary or injunctive relief in any forum where such relief may be granted. Any arbitration proceeding initiated hereunder shall be held exclusively in Jefferson County, Alabama. Subject to the foregoing, any Claim that may be submitted for judicial resolution under or in connection with these Terms may only be brought in state or federal court in Jefferson County, Alabama, which shall have exclusive jurisdiction over such matters. You hereby consent to the jurisdiction of such courts, and waive (i) right to trial by jury, and (ii) any objections you may have regarding the jurisdiction of or venue in such courts.
Miscellaneous. These Terms and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between you and BestVeinCare and supersede all previous written or oral agreements, including, but not limited to, any prior versions of these Terms. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. We may assign these Terms at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign these Terms to any person or entity. The failure of BestVeinCare to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held to be illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of the Agreement will remain in full force and effect.
Contact Us. If you have any questions regarding the Site or these Terms, please contact Us at info@bestveincare.com. Notices to Us regarding any alleged copyright infringement or other objectionable content should be sent to Us at the following email address: info@bestveincare.com.