(Updated January 20, 2022)
- Definitions. The terms “us”, “we” and “our” refer to MedicalMex LLC, and its affiliates, directors, officers, employees, service providers and agents. The term “visitor” or “you” refers to someone that browses our website and/or someone that receives our services. The term “content” refers to all text, information, graphics, designs and data offered on our website.
- General Disclosures. We are not medical professionals or healthcare providers. We are a scheduling facilitator for medical and travel service providers, including but not limited to doctors, physicians, hospitals, airline carriers, rental car companies, tour operators, insurance companies and their agents. We are not responsible for any acts or omissions of the aforementioned providers or for their failure to provide services.
- Content Purposes. The content on this website is for educational, informational and entertainment purposes only. The content, comments and posts do not constitute any medical advice and do not create a doctor-patient relationship. You agree and acknowledge that the use of this website and use of our services, does not create nor constitute a doctor-patient relationship and that no communication nor correspondence should be construed as medical advice. It is recommended that visitors to this website and those interested in our services consult their own doctor, physician and healthcare providers. Purchaser of any services described herein agree to hold us harmless from any loss, claim, damage or liability of any kind arising out of or in connection with said purchase.
- Disclosure regarding Advertisers and Sponsors. This website may feature advertising and/or sponsored content. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem with the content of an advertiser or sponsor. Inclusion here of third party advertisements does not constitute an endorsement, guarantee, warranty or recommendation by us and we make no representations or warranties about any product or service contained herein. We may be compensated for posted content. Our opinions on this type of content are ours alone, honest and based on our own experiences. You agree that the use of or purchase from such merchants is at your sole risk and is without warranties of any kind by us, express, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. We are not liable under any circumstances for any damage arising from the transactions between you and merchants or for any information on merchant websites or any other website linked to our website. All rules, legal documents including privacy policies and operating procedures of merchants will apply to you while on merchant websites. We are not responsible for information provided by you to merchants. Our relationship to merchants is solely as described herein and neither party has authority to make any representations or commitments on behalf of the other.
- Disclosure regarding Affiliates. This website may include affiliate links which means that we may receive a commission if you click a link and purchase something that we have recommended. Clicking on these links will not cost you any extra money.
- Disclosure regarding Amazon Affiliate. We may be participants in the Amazon Services LLC Associates Program. This is an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Clicking on these links will not cost you any extra money.
TERMS & CONDITIONS
(Updated January 20, 2022)
- Non-Medical Advice. You agree and acknowledge that the use of this website and participation in our services, programs, obtaining any consultations and other relevant offers by us does not create a doctor-patient relationship. No communication by us should be construed as medical advice to you.
- Use of Website. The use of this website, including all materials and all services provided by us is subject to the following terms and conditions of use. By using this website you agree that you have read its contents and that you acknowledge and accept the following terms and conditions.
- Updates to Terms & Conditions. Please read these Terms & Conditions carefully. By using our website, you agree to be bound by and to comply with these Terms & Conditions. If you do not agree, you are not authorized to use this website. We may update these Terms & Conditions from time to time, so please review them regularly. Your continued use of our website after we have updated and posted the Terms & Conditions constitutes your consent to the updated Terms & Conditions. Please note that certain areas of our website may offer features and information that are governed by supplemental policies and terms (“Supplemental Terms”). Supplemental Terms listed below and elsewhere on our website are hereby incorporated into these Terms & Conditions and govern your use of those features and related activities.
- Website Content. All content on our website is protected by copyright and owned by us, and any of our licensors where applicable. If you wish to use any content herein in any manner, please contact us at the email below to obtain consent. As more fully described under the section entitled Disclaimer, content herein is provided for informational and educational purposes only.
- Digital Millennium Copyright Act Compliance. This website will respond quickly to claims of copyright infringement as found in our content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States Law (17 U.S.C. § 512). If you believe that any of your copyrights are being infringed upon by any of our content, please provide us with a written notice via mail, fax or email that contains 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 upon; (3) a description of where the material that you claim is infringing is located on this website; (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 aforementioned information is accurate and that you are the copyright owner or authorized person to act on the copyright owner’s behalf. We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.
- Trademarks. We retain all rights in name and trademarks, including other sources of the same, whether or not registered as our trademarks. You may not use these trademarks without our prior written consent.
- User Information. This website may contain features and testimonials that allow users to submit content that may be displayed on our website (“User Information”). When you submit any content, you agree, accept and acknowledge that (i) you possess all licenses, rights and consents necessary to grant rights to us to use your user information, including rights to any third-party material included in your user information; (ii) your user information does not and will not violate any third-party’s copyright, trademark, patent, trade secret, right to privacy or publicity or any other proprietary, personal or other rights of any kind; (iii) you are under no obligation that would in any way interfere with the disclosure or use of your user information, thus, it does not contain any material or information considered confidential or provided to you with the understanding that it would not be disclosed or published; and (iv) you hereby grant us an irrevocable, perpetual, worldwide, sub-licensable, transferable, royalty-free license to reproduce, distribute, create derivative works of, publicly display and perform the content in all media now known or later developed.
- General Website Use. By accessing this website, you agree and acknowledge the following: (i) you will not impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) you will not reproduce or resell any website content or services by any means; (iii) you will use this website and our services only as explicitly authorized and in compliance with these Terms & Conditions and all our policies made available to you; (iv) you will not use any robot, spider, website search or retrieval application or other manual or automatic means or process to retrieve, extract, index or data-mine any data or content on this website or in any way reproduce or circumvent the navigational structure or presentation of this website or any of content; and (v) you will not imply or state that we endorse any statements, actions, goods, services or activities in particular.
- Termination of Use. You acknowledge and agree that we have the sole discretion at any time with or without notice to you and in whole or in part to: (i) modify or terminate this website, its content or our services; (ii) to modify any eligibility requirements; and (iii) to suspend or terminate any user’s access to our website or services.
- Disclaimers. We reserve the right to modify this website content (including price information) in whole or in part, without notice at any time for any reason or for no reason. This website, its services and content are provided “as is” and “as available” to the maximum extent permitted under the law. We disclaim all express and implied warranties of any kind with respect to our website, services and website content, including user content, any warranty of merchantability, and/or fitness for a particular purpose, even in cases where the purpose has been disclosed to us, and does not infringe on any rights. We make no representations or warranties about the accuracy, quality, completeness, timeliness, suitability or reliability of any services or content (including user information) available through our website or through links to third party sites, including that our website services or content (including user information) will be uninterrupted or error-free. We reserve the right to correct any errors, inaccuracies or other issues concerning our website, services and content. If you rely on our website, services or content (including user content) you do so entirely at your own risk. Although we intend to take reasonable steps to prevent the introduction of viruses, worms or other harmful elements in our website, we do not warrant that our website, services or content (including user information) will be free from such elements. We are not liable for any damages or harm attributable to them.
- No Financial/Legal/Medical/Other Advice. You understand and agree that nothing contained in this website shall constitute financial, investment, legal, medical and/or other professional advice and that no professional relationship of any kind is created between you and us. You agree to seek independent professional advice if you so wish to do so.
- Limitation of Liability. We, as well as our affiliates, shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from our website or services; (b) any product liability issues; (c) the unavailability or interruption of our website or service; (d) your use of our website and /or our content; (e) the content contained on our website or services; and/or (f) any delay or failure in performance of our website and/or services that is beyond our control. We assume no responsibility for and shall not be liable for any refund, personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be caused by (1) any defaults, wrongful or negligent acts or omissions of the medical, healthcare, travel service providers or any other providers; (2) any defect in or failure of any vehicle, craft, equipment or instrumentality owned, operated, or otherwise used or provided by the service providers; or (3) any wrongful or negligent acts or omissions on the part of any other party not under our control. Our liability under this agreement shall be limited to the amount of the initial deposit.
- No Warranties. We do not make any warranties, express or implied regarding the use thereof or with respect to the service performed by the medical or travel service providers. We do not make any warranties or guarantees as to the effectiveness of any specific medical procedure or any specific outcome listed on this website. We assume no liability or responsibility of any kind for the content or materials contained on this website or for any diagnosis or treatment made in reliance thereon. The visitors to this website acknowledge and agree that it is the responsibility of the medical and travel service providers to disclose the material risks and consequences of any procedure or service and the visitor should make such inquiries. We assume no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts or omissions of the medical and travel service providers; (2) any defect in or failure of any vehicle, craft, equipment or instrumentality owned, operated or otherwise used or provided by the medical and travel service providers; or (3) any wrongful or negligent acts or omissions on the party of any other party not under our control. Our liability shall be limited to the amount of any initial deposit if one is given. We cannot guarantee and do not promise any specific results from use of our website or services described therein.
- Indemnification. You agree to indemnify and hold harmless us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, and documents, attorneys, advertisers, product and service providers and affiliates against and from all liability, losses, claim, expense, damages and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our website, content or services (including user information) or third party websites or your violation of these Terms & Conditions. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. In addition, you agree to cooperate with us upon our request with regard to such matters.
- Governing Law. These Terms & Conditions are governed by the laws of the State of California. If you decide to access our website from any other jurisdiction, you are responsible for complying with any applicable local laws. Except to the extent that the arbitration clause below may apply, you agree to: (i) bring any claim or dispute relating to your use of our website, website content, and services and these Terms & Conditions exclusively in the United States District Court for the Central District of California or the state court located in Los Angeles, California; (ii) to submit to the exclusive jurisdiction of those courts; and (iii) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. These Terms & Conditions create no joint venture, agency, partnership or similar relationship. Our failure to assert any right under these Terms & Conditions will not be considered a waiver of that right unless the waiver is in writing. The word “including” used herein is intended to be illustrative and means “including without limitation.” These Terms & Conditions may not be interpreted or construed to confer any rights or remedies on any third parties.
- Arbitration. At our sole discretion, we may require you to submit any disputes arising under these Terms & Conditions (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination) to final and binding arbitration in Los Angeles under the Rules of Arbitration of the American Arbitration Association applying California law. If this arbitration provision is invalidated in whole or in part, you agree that the United States District Court for the Central District of California or the state court located in Los Angeles, California will be the exclusive jurisdiction and venue for any claim arising out of these Terms & Conditions and your use of our website.
(Updated January 20, 2022)
- Fair Information Practices. In compliance with Fair Information Practices, should a data breach occur we shall notify you via email and notify users via in-site notification within one business day.
- Individual Redress Principle. In compliance with Individual Redress Principles, we acknowledge that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
- The CAN-SPAM Act. The CAN-SPAM Act sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out penalties for violations. We collect your email address in order to send information, respond to inquiries, and/or other requests or questions. In compliance with the CANSPAM Act, we agree as follows: (i) to not use false or misleading subjects or email addresses; (ii) to identify the message as an advertisement in some reasonable way; (iii) to include the physical address of our business or site headquarters; (iv) to monitor third-party email marketing services for compliance, if one is used; (v) to honor opt-out/unsubscribe requests quickly; (vi) to allow users to unsubscribe by using the link at the bottom of each email. If at any time you would like to unsubscribe from receiving future emails, you can email us at email@example.com and we will promptly remove you from ALL correspondence.
- California Do Not Track. Our web services do not alter, change, or respond upon receiving Do Not Track (DNT) requests or signals in browsers. As described in more detail herein, we track user activity using web server logs, cookies and similar technologies. Information collected in web server logs helps us analyze website usage and improve the user’s experience. Cookies allow us to offer you a customized experience and present relevant advertising to you.
- Contact. Any questions regarding these policies should be sent to the following email address firstname.lastname@example.org
(Updated January 20, 2022)
Definitions. “GDPR” means General Data Protection Regulation Act. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA areas. “Data Controller” means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information is, or is to be, processed. “Data Processor” means any person who processes the data on behalf of Data Controller. “Data Subject” means any person who is using our service and is the subject of Personal Data.
1. Principles for processing personal data. Our principles for processing personal data are: (i) fairness and lawfulness. When we process personal data, the individual rights of the Data Subjects must be protected. All personal data must be collected and processed in a legal and fair manner; (ii) restricted to a specific purpose. The personal data of Data Subject must be processed only for specific purposes; and (iii) transparency. The Data Subject must be informed of how his/her data is being collected, processed and used.
2. What personal data we collect and process. We collect several different types of personal data for various purposes. Personal Data may include, but is not limited to your: (i) email address; (ii) first name and last name; (iii) phone number; and (iv) address, state, province, zip code, city, country.
3. How we use the personal data. We use the collected personal data for various purposes such as follows: (i) to provide you with services; (ii) to notify you about changes to our services and/or products; (iii) to provide customer support; (iv) to gather analysis or valuable information so that we can improve our services; and (v) to detect, prevent and address technical issues.
4. Legal basis for collecting and processing personal data. Our legal basis for collecting and using the personal data described in this Data Protection Policy depends on: (i) the personal data we collect and the specific context in which we collect the information; (ii) our need to perform a contract with you; (iii) whether you have given us permission to do so; (iv) whether processing your personal data is in our legitimate interests; and (iv) whether it is in our need to comply with the law.
5. Retention of personal data. We will retain your personal information only for as long as is necessary for the purposes set out in this Data Protection Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.
6. Data protection rights. If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what personal data we hold about you and if you want it to be removed from our systems, please contact us at email@example.com. In certain circumstances, you have the following data protection rights: (i) the right to access, update or to delete the information we have on you; (ii) the right of rectification; (iii) the right to object; (iv) the right of restriction; (v) the right to data portability; and (vi) the right to withdraw consent.
(Updated January 20, 2022)
2. Fees. Fees described herein are prices are estimates as of January 20, 2022. Fees are subject to change without notice. Fees stated on this website are merely quotes subject to change based on the patient’s particular situation. Final fees will be determined and stated on our Service Agreement and any attached Exhibits.
3. No Guarantee. Patients are not guaranteed results. Results may vary from person to person. Testimonials, videos and/or photos may be from current patients and may include past patients, physicians before and after photos/videos, physicians or hospitals from previous entities and/or stock photos/videos of professional models.
4. Facility. The word “hospital” used herein refers to a facility which has an operating room where surgical procedures may be performed, and which has permanent and fulltime facilities for care and monitoring of overnight patients under the supervision of a licensed doctor of medicine and has a nurse and medical team on duty during normal business hours. The word “clinic” used herein refers to a facility where some treatments are done and operate under Mexican sanitary guidelines. Depending on a Patient’s particular situation, the facility used may be either (1) Hospital; (2) Short-Stay Clinic; and/or (3) Long-Stay Clinic. Facility use will be determined by the physician and agreed to by Patient.
5. Risks of Surgery. Patients and Users acknowledge and understand that all surgeries and medical procedures carry an inherent risk of serious health complications for the patient, during or after the procedure, up to and including death. Life-threatening or serious medical complications may require unforeseen and/or extended hospital stays and/or revision medical procedures or surgeries. Such complications may include, but are not limited to the following: tissue injury, organ damage, infection, bleeding, and/or internal scarring which could lead to long-lasting or permanent pain/dysfunction/disability. Surgery and other medical procedure risks also include the risk of human error and/or equipment failure. Individual surgical or medical results may vary.
In addition, surgery risks could extend beyond the operating room for which the patient will have to bear responsibility. Patients are expected to adhere to the surgeon or physician’s post-operative care instructions to reduce the risk of complications. Minimally or less invasive surgical or medical procedures related risks for the patient include not are not limited to: temporary pain and discomfort, nerve injury, discomfort related to prolonged surgery and time under anesthesia due to any reason.
A change of surgical technique or multiple procedures could extend the surgical time, subject the patient to longer time under anesthesia, require larger or additional incisions, and/or increase medical complications. Patients should provide their informed consent for any medical or surgical procedure after carefully reviewing all pertinent information with their physicians and determine the proper surgical or non-surgical treatment option. Patients should also take into consideration all safety information, including their own existing medical condition, indications and contraindications, and medical and surgical risks of complications before making any decision. Patients understand that surgical procedures could result in permanent scarring. The fees quoted to the Patient for a medical or surgical procedure do not include any potential fees or expenses occurring due to complications subsequent to the surgery and discharge from the healthcare facility.
(Updated January 20, 2022)
- Collection of Your Personal Information. In order to better provide you with products and services offered on our website, we may collect personally identifiable information such as your name, birthday, mailing address, email address, social security number, phone number and medical data (such as your height, weight, hair color, your healthcare providers and health provider organizations. If you request a service (place an order) or register on this website, we may collect your name, email address, mailing address, phone number, social security number, billing and credit card information or other details to help with your experience. This information is only used to assist you with your purchase and is not for any other purposes. Any additional personal information collected about you will be voluntarily submitted by you, such as: register on our website; request us to contact you, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.
- Use of Your Personal Information. We collect and use your personal information to operate our website(s) and deliver the services that you have requested. We may also use your personally identifiable information to inform you of other products or services available from us and/or our affiliates. In addition, we may keep track of the websites and pages our users visit within our website in order to determine what products and services are more popular. This data is used to deliver customized content and advertising to customers whose behavior indicates that they are interested a particular service and/or product.
- Use of Your Information with Third Parties & Links to Other Sites. We do not sell, rent or lease our customer lists to third parties. Occasionally, we may share data with trusted partners to help perform statistical analysis, send you an email or regular mail, provide customer support, and/or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us; they are required to maintain the confidentiality of your information. You may see content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third party link are subject to separate privacy policies. We encourage our users to be aware when they leave our website that they should read the privacy statements of any other website that collects personally identifiable information. We are not responsible or liable for any content or actions taken by such third party websites. Finally, if we are required by law or have a good faith belief that we are required to so do, we may disclose your personal information, without notice.
- Automatically Collected Information. Information about your computer hardware and software may be automatically collected by our website. This information may include your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service and to provide general statistics regarding use of this website.
- Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent your personal information from being accidently lost, used or accessed in an unauthorized way. We take appropriate security measures to limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
- Children’s Online Privacy Protection Act (COPPA). We do not specifically market to children under age 13. If you are under the age of THIRTEEN (13), you must ask your parent or guardian for permission to use this website. This website and any products and services offered here are not intended for persons under the age of 13. We do not knowingly collect information from anyone under 13 years of age. We will not knowingly collect personally identifiable information from children under 13 and if we learn there is any information or content from anyone under the age of 13, it will be deleted immediately.
- Email Communications. We may contact you via email for the purpose of providing website updates, promotional offers, surveys and/or other general communication. When you open an email from us or click on a link therein, we may receive notifications which we only use to help improve our website, content and services. If you subscribe to our emails and subsequently want to unsubscribe from receiving emails from us, you may do so at any time. Instructions on how to unsubscribe from email communications are included in every email we send.
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