Please read these terms and conditions of use carefully before using this website. Your use of the Pangaea Medicine website, having a “home page” located at www.pangaeamedicine.com, is expressly conditioned upon your acceptance of the following terms and conditions (collectively referred to herein as, the “Agreement”). By using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this website.
If you are currently registering an account with Pangaea Medicine, by clicking the box next to the phrase “I agree to the Medical Portal Terms & Conditions,” you intend for such action to constitute your acknowledgement of, and agreement to, all of the terms and conditions set forth in this Agreement.
A. The term “Affiliate,” as used herein, refers to any entity which controls, is controlled by or is under common control with another entity, with control defined as (i) the direct or indirect ownership of at least 50% of the outstanding shares or other voting rights interest of the subject entity entitled to vote in the election of directors (whether through stock ownership, stock power, voting proxy or otherwise); or (ii) in the case of an entity that is not a corporation, the direct or indirect ownership of at least 50% of the voting rights interest entitled to vote in the election of the corresponding managing authority of the subject entity.
B. The term “Free Membership,” as used herein, refers to a free Provider membership offered through the Website, which entitles a Provider to access prospective Users who wish to purchase and receive a Treatment.
C. The term “Paid Membership,” as used herein, refers to a paid Provider membership offered through the Website, which entitles a Provider to (i) access prospective Users who wish to purchase and receive a Treatment, (ii) publish “Before and After” images of a patient who has previously received a Treatment from the Provider, and (iii) conduct a “Question and Answer” session with prospective Users.
D. The term “Pangaea Medicine,” as used herein, refers to Pangaea Medicine, Inc., Columbus Medical Corporation, and any Affiliate of the foregoing.
E. The term “Provider,” as used herein, refers to any individual or business that may be identified using the Website (and/or any database accessible therein) that is capable of Treating any User, including without limitation physicians, other healthcare practitioners, healthcare clinics, hospitals, and other places located throughout the world.
F. The term “Transaction(s),” as used herein, refers to the contractual arrangement that is created between a Provider and User, whereby a Provider performs a Treatment for a User in exchange for a fee that is paid by said User.
G. The terms “Treat, Treating and Treatment,” as used herein, refer to any treatment, medical care, information, or advice that a User receives from a Provider.
H. The term “User,” as used herein, refers to any individual or business entity that visits or uses the Website to view information contained therein and/or use any database accessible therein to search for and obtain information regarding a Provider.
I. The term “Website,” as used herein, refers to the website having a home page located at www.pangaeamedicine.com, including all sub-domains thereof.
2. THE WEBSITE, TREATMENTS, & DISCLAIMERS.
A. Pangaea Medicine’s goal, by providing the Website to the public at large, is to make health care accessible and affordable to all. The Website includes an intuitive database of Providers for Users to access and search for the purpose of identifying Providers located throughout the world. Pangaea Medicine, including the owners, officers, members, employees, contractors, directors, affiliates, and agents thereof, shall at no time be considered a party to any Transaction that is consummated using, within, or as a result of the Website. Rather, as more fully set forth below, Pangaea Medicine is merely providing the Website as an informational tool that Users may review and utilize to identify prospective Providers to render a Treatment. For the avoidance of doubt, all Users shall carefully review, assess and validate the credentials of each Provider, and seek the advice and input of a primary care physician regarding the abilities and credentials of a prospective Provider, before consummating any Transaction with any Provider. The decision to engage a Provider and/or to receive any Treatment from a Provider is at the User’s sole and exclusive discretion and the User hereby accepts all risk associated therewith.
B. For the avoidance of doubt, and without limiting the foregoing, if you ever represent yourself as or act in the capacity of a User, you acknowledge and agree to the following: (i) that any damages that you incur, whether personally and/or financially in connection with the provision of any Treatment by any Provider shall not be recoverable (in whole or in part) against Pangaea Medicine, but rather would be recoverable only against the responsible Provider; (ii) that any dispute arising between you and any Provider relating to the payment of any amounts arising from a Transaction must be addressed, litigated, resolved, and/or settled between you and such Provider and, furthermore, will not involve or implicate Pangaea Medicine in any way; (iii) that any dispute arising between you and any Provider relating to medical malpractice or a Provider’s quality and/or timeliness of any Treatment must be addressed, litigated, resolved, and/or settled between you and such Provider and, furthermore, will not involve or implicate Pangaea Medicine in any way; (iv) that any unlawful, unethical, or unwanted Treatment performed or any action taken by any Provider is not the responsibility of Pangaea Medicine and that your sole remedy would be against such Provider; and/or (v) that any personal injuries or financial damages arising from and/or disputes regarding unlicensed, unbonded, and/or uninsured Providers and/or Treatments are not the fault and/or responsibility of Pangaea Medicine in any way.
C. You hereby agree and acknowledge that many, if not most, of the Providers accessible within the Website are located outside the United States. You further agree and acknowledge that laws, regulations, and rules that apply to the offering and provision of health care, including any and all Treatments, will vary significantly from country-to-country. For purposes of illustration only, you hereby agree and acknowledge that many countries do not have meaningful or useful medical malpractice laws, nor do many countries have laws similar to that of the Health Insurance Portability and Accountability Act (HIPAA) of the United States (including without limitation the privacy provisions thereof). As such, you hereby fully assume and consent to any personal injuries, financial damages, or intrusions upon your privacy that may occur in the event that you receive any Treatment from any Provider, and that you shall not blame, charge, or file any complaint or lawsuit against Pangaea Medicine in response to any such injuries, damages, and/or intrusions.
D. You hereby agree and acknowledge that Pangaea Medicine strongly encourages you to seek the advice of your primary care physician before receiving any Treatment from any Provider, or otherwise consummating any Transaction. You hereby agree and acknowledge that the level of care, expertise, abilities and credentials of Providers located outside of the United States may differ substantially from the level of care, expertise, abilities and credentials of a physician located in the United States (or your home country) and, therefore, you are strongly encouraged to seek the advice of your primary care physician before receiving any Treatment from any Provider, or otherwise consummating any Transaction. You further agree and acknowledge that Pangaea Medicine in no way endorses, sponsors, certifies, or guarantees the performance of any Provider and you hereby agree that Pangaea Medicine shall not be liable in any way whatsoever for any personal injury or damage, financial loss, or other damages arising from your receipt of any Treatments from any Provider or otherwise arising out of any Transaction.
E. The United States has implemented (and, if you do not reside within the United States, your home country may have implemented) certain laws, rules, and regulations pertaining to the use and importation of pharmaceutical medications. You agree to take all necessary actions and precautions to comply with any and all such laws, rules, and regulations pertaining to the use and importation of pharmaceutical medications before entering the United States or your home country. For the avoidance of doubt, you hereby agree that Pangaea Medicine shall not be liable in any way whatsoever for any personal injury or damage, financial loss, other damages, or charges against you arising from your use, consumption, importation, or exportation of any pharmaceutical medications recommended, prescribed, or provided (directly or indirectly) by any Provider.
F. Pangaea Medicine may display within the Website certain images, and/or video content, which portrays Users before and after receiving a particular Treatment. You hereby agree and acknowledge that the outcome of a Treatment that you receive from a Provider may vary significantly from those shown in the Website. You further agree and acknowledge that the outcome of a particular Treatment will depend upon many factors, including without limitation the health, age, gender, and/or fitness of a User, the ability of a Provider, and a host of other factors, which renders the outcome of many Treatments highly variable and unpredictable. Therefore, you agree not to place any reliance whatsoever on any “Before and After” content that may be shown within the Website.
G. Pangaea Medicine does not review, censor, or warrant the accuracy of the materials and information which is accessible or viewable within the Website, including without limitation Provider descriptions, images showing Users before and after a Treatment, and other third party websites that may be accessed within the Pangaea Medicine Website. Accordingly, you agree and acknowledge that any reliance that you place on, or action that you take based on, such material is at your own risk and Pangaea Medicine shall not be liable or responsible for any personal injuries, financial loss, or other damage resulting therefrom.
H. You hereby agree and acknowledge that Pangaea Medicine is not offering, and will not offer, any medical advice of any kind, whether through the Website or in other mediums. You hereby agree and acknowledge that you are not interpreting or relying upon any information contained in the Website to represent any form of medical advice whatsoever.
3. PROVIDER REPRESENTATIONS & AGREEMENTS
A. If you ever represent yourself as or act in the capacity of a Provider within the Website (or you otherwise apply for a Free Membership or a Paid Membership), you hereby agree and acknowledge (i) that any dispute arising between you and any User relating to the payment of any amounts arising from a Transaction or Treatment must be addressed, litigated, resolved, and/or settled between you and such User and, furthermore, will not involve or implicate Pangaea Medicine in any way; (ii) to timely and fully pay any and all invoices in connection with all Transactions and all amounts owed to Pangaea Medicine, including without limitation all amounts due for Paid Memberships; (iii) that any dispute arising between you and any User relating to the effectiveness, quality, timeliness, or safety of any Treatment, must be addressed, litigated, resolved, and/or settled between you and such User and, furthermore, will not involve or implicate Pangaea Medicine in any way; (iv) that any injury you sustain, whether personally and/or financially, in performing any Treatment shall not involve, implicate, or be recoverable (in whole or in part) against Pangaea Medicine; and (v) you hereby warrant, represent and agree to carry sufficient insurance to fully compensate you, or any contractor, employee, or agent that you may engage, for any injury that is sustained in performing any Treatment and/or to fully compensate a User for any injury or damage that you may cause to such User, whether directly, indirectly, or with or without fault, in connection with the performance of a Treatment.
B. If you are a Provider (or you otherwise apply for a Free Membership or a Paid Membership), you further represent and warrant as follows: (i) all information, text, images, and other material that you submit to Pangaea Medicine or publish within the Website, including without limitation all information pertaining to your identity, location, credentials, training, education, insurance status, and all “Before and After” images that you may publish within the Website (collectively, “Your Material”), does not violate any local, state, federal, or international law, rule, or regulation; (ii) all of Your Material is completely accurate and contains no fabrications of any kind; (iii) neither Your Material nor the exploitation thereof will violate the rights to privacy or publicity of any person or constitute a defamation against any person, or in any other way violate the rights of any person whomsoever; (iv) you own all rights to Your Material free and clear of any liens, encumbrances, and other third party interests, and any claims or litigation, whether pending or threatened; (v) neither Your Material nor any element thereof is pornographic, obscene, offensive to community standards, discriminatory, or contains false advertising; (vi) you have full right and power to make and perform this Agreement without the consent of any third party; and (vii) you shall defend, indemnify and hold Pangaea Medicine, its licensees and assigns, and its directors, officers, and agents harmless from all claims, liabilities, damages, costs and reasonable legal fees and expenses arising from any breach or alleged breach by you of any representation, warranty or agreement hereunder and/or your tortuous or negligent conduct in connection with any Treatment that you provide to any User.
C. You agree that Pangaea Medicine may immediately terminate your Free Membership or Paid Membership upon any breach, suspected breach, or threatened breach of this Agreement. You agree that all funds that you submit for a Paid Membership, or any other service or product offered by Pangaea Medicine, are nonrefundable.
D. You agree to exercise your best efforts in rendering any Treatments to Users. You further agree to exercise professionalism towards, and treat with the utmost respect, all past, present, prospective, and future Users. You agree that all information, data, images, and other material that you provide to prospective Users will be completely accurate and will not contain any fabrications whatsoever. You further agree that, before publishing any information, data, images, or other material pertaining to any User within the Website or elsewhere, you will have obtained such User’s prior written and legal consent to such publication.
4. INTELLECTUAL PROPERTY POLICY.
A. You hereby acknowledge and agree that Pangaea Medicine has invested substantial time, money, and effort in compiling, and making available to Users, Pangaea Medicine’s database of Providers (available within the Website). You hereby agree and acknowledge that you shall not use such database for any purpose other than to identify prospective Providers to render Treatments. For the avoidance of doubt, you hereby agree and acknowledge that any and all data and information contained within and accessible from the database vis-à-vis the Website shall not be extracted, exploited, reverse engineered, copied, reproduced, transferred, or utilized in any other website or other medium without Pangaea Medicine’s prior written consent.
B. You hereby acknowledge and agree that any communications with any Providers that are intended to induce such Providers to terminate any sort of relationship with Pangaea Medicine, or otherwise reduce the amount of Treatments that such Providers would otherwise render to Users, may constitute an actionable interference with the business relationship between any such Providers and Pangaea Medicine.
C. This Website, and each of its parts, is the property of Pangaea Medicine, and/or its various third party vendors, customers, affiliates, providers, distributors, or Providers listed therein. None of the content or data found on this Website may be copied, reproduced, republished, uploaded, posted, distributed, sold, transferred, or modified without the express written permission of, as applicable, Pangaea Medicine and/or its third party vendors, customers, affiliates, providers, distributors, or Providers listed within the Website. In addition, the trademarks, logos and service marks displayed on this Website (collectively, the “Trademarks”) are registered or common law Trademarks of Pangaea Medicine. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Pangaea Medicine.
D. Any unauthorized use of any content or material contained on this Website, including without limitation any and all information related to Providers which may be accessed within the Website, may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and communications regulations and statutes. Any unauthorized use of such content or material on this Website, including its reproduction, modification, distribution, or republication, without prior written permission of Pangaea Medicine , or other third party if applicable, is strictly prohibited. The use of such content or material on any other website or in any environment of networked computers is strictly prohibited.
5. USE OF THIS WEBSITE.
A. This Website may be used only for lawful purposes. Transmission of any material in violation of any local, state, federal or export control law or regulation is prohibited. This includes, without limitation, material protected by copyright, patent, trademark, trade secret or other intellectual property right used without proper authorization.
B. Pangaea Medicine does not accept responsibility for the content, materials and information published by others within this Website, including by any Provider or by any of Pangaea Medicine’s third party vendors, customers, affiliates, providers and distributors, which is accessible through the Website and does not accept responsibility for the violation of any laws resulting from such publication or distribution.
C. If any user of this Website interferes with other user’s enjoyment of the services provided by Pangaea Medicine and its Website, such user shall be deemed to be in violation of this Agreement. Violations of system or network security are prohibited, and may result in criminal and civil liability. Pangaea Medicine will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Distribution of viruses, worms, Trojan horses and other destructive activities.
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
- Other activities, whether lawful or unlawful, that Pangaea Medicine determines to be harmful to any Providers, Users, or to Pangaea Medicine’s reputation, including any activities that restrict or inhibit any other User from using and enjoying the Website.
D. Unless otherwise expressly authorized by Pangaea Medicine, using this Website and/or the information contain therein to send unsolicited, commercial mass e-mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
E. Although Pangaea Medicine does not review or censor some materials and information which is accessible or viewable on the Website, including without limitation Provider descriptions, images showing Users before and after a Treatment, or other websites which may be accessed from the Website, if Pangaea Medicine becomes aware that a user of this Website is in violation of this Agreement, Pangaea Medicine reserves the right to suspend or terminate such user’s access to this Website without notice. Furthermore, Pangaea Medicine reserves the right to delete and remove any information or material that is or may be published within the Website if Pangaea Medicine believes, in its sole discretion, that such information or material may violate the terms and conditions of this Agreement.
F. You further agree not to contact and request information from a Provider using the Website unless you have a bona fide intent to potentially, subject to your (and preferably your primary care physician’s) assessment, hire a Provider or otherwise consummate a Transaction.
6. AGE AND RESPONSIBILITY.
A. You represent and warrant that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website or in connection with any Transaction. You understand that you are financially responsible for all uses of this Website by you and those using this Website on your behalf.
B. You agree and acknowledge that any representations that you make within or using the Website (including in connection with any Transactions) regarding your identity, age, health condition, desired Treatment, gender, insurance status or coverage, and/or other relevant information is true, accurate, current, and does not include any fabrications of any kind.
7. USER INFORMATION.
A. Pangaea Medicine reserves the right to collect, maintain, and use information that your web browser provides to Pangaea Medicine’s web server, including without limitation the website from which you linked to the Website, the identity of your Internet Service Provider, or the type of browser you are using. Pangaea Medicine may use such information in an aggregated form, such as to measure the usefulness and popularity of the Website. In addition, Pangaea Medicine reserves the right to request, accept, control, and maintain any and all information that you submit in registering with the Website.
B. Pangaea Medicine reserves the right to contact you, whether by mail, e-mail, telephone, or through other means, regarding any matter or issue arising out the compliance or noncompliance with the terms of this Agreement. In addition, Pangaea Medicine shall be entitled to provide you, whether by mail, e-mail, telephone, or through other means, with certain newsletters, announcements, notices, and/or other communications, provided that you do not otherwise submit a request to Pangaea Medicine that you wish to be excluded from Pangaea Medicine’s distribution list of such newsletters, announcements, notices, and/or other communications.
8. PRICING/ADVERTISING DISCLAIMER. While efforts have been made to make this Website helpful and accurate, due to the open nature of this Website, and the potential for errors in the storage and transmission of digital information, particularly information concerning Providers, Treatments, and the cost thereof, Pangaea Medicine does not warrant the accuracy of information obtained from this Website, including any Provider descriptions, Provider profiles, Treatment descriptions, images showing a User before and after a Treatment, and/or other information. Provider descriptions and images published in the Website are the representations of Providers.
9. EXCLUSION OF WARRANTY. Pangaea Medicine MAKES NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. Pangaea Medicine DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FOR THE AVOIDANCE OF DOUBT, PANGAEA MEDICINE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL responsibilitIES, LIABILITIES, REPRESENTATIONS, WARRANTIES, AND/OR GUARANTEES OF ANY KIND RELATED TO OR OUTCOME OF ANY TREATMENTS OR TRANSACTION, INSOFAR AS PANGAEA MEDICINE IS NOT A PARTY TO ANY SUCH TRANSACTION AND IS NOT RESPONSIBLE FOR PERFORMING ANY TREATMENT IN ANY WAY WHATSOEVER.
10. LIMITATION OF LIABILITY. Pangaea Medicine ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE. IN NO EVENT SHALL Pangaea Medicine OR ANY THIRD PARTY USERS, PROVIDERS, CUSTOMERS, AFFILIATES, AND DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST DATA OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY Pangaea MEDICINE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
11. LINKS. While using this Website, you may choose to link to third party websites that are not affiliated with Pangaea Medicine. Pangaea Medicine is not responsible for the contents of these third party websites, or any subsequent links, and has no control over the contents therein. For this reason, Pangaea Medicine does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third party websites are not those of Pangaea Medicine, and Pangaea Medicine does not endorse the contents of such third party websites in any way. Pangaea Medicine is not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website is at your own risk and you assume all responsibilities and consequences resulting from such reliance. If you decide to access other websites, you do so at your own risk.
12. SYSTEM AVAILABILITY. Pangaea Medicine makes every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, Pangaea Medicine is not responsible for Treatments, or communications to Providers, which are not received, processed, and/or accepted.
13. VIOLATIONS OF THIS AGREEMENT. In the event you violate or attempt to violate any part of this Agreement, Pangaea Medicine reserves the right to terminate your access to this Website immediately, in its sole discretion, with or without notice of any kind. Pangaea Medicine also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this Website.
14. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Pangaea Medicine and its officers, directors, employees, and representatives from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees and expenses) arising from your use of this Website and/or breach of this Agreement, regardless of the nature of the cause of action or claim.
15. RESERVATION OF RIGHTS. Any and all rights not expressly granted to you in this Agreement are hereby reserved by Pangaea Medicine.
16. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions.
17. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Pangaea Medicine may assign this Agreement to any purchaser of all or substantially all of its assets or business to which this Agreement relates.
18. MODIFICATION. Pangaea Medicine may at any time amend and modify this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use. You may not modify this Agreement.
19. ADDITIONAL TERMS. Additional and/or different terms and conditions may apply to purchases of Pangaea Medicine’s services offered through the Website. If applicable, you agree to abide by such other terms and conditions.
20. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
21. ENTIRE AGREEMENT. Subject to Section 19 above, and any separate agreement that you may enter into with Pangaea Medicine, this Agreement constitutes the entire agreement between you and Pangaea Medicine relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter hereof.
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