1. Use of Website and Services
These Terms and Conditions apply to our website and services. By accessing or using this website and/or the associated services, you acknowledge that you have read, understand and agree to these Terms and Conditions. You agree to comply with these Terms and Conditions each time you access and use the website and/or the services. If you don’t agree to the Terms and Conditions, you may not access or use the website or services.
We reserve the right to amend or modify this Agreement at any time with no prior notice to you. Your usage of the site and/or the services subsequent to our modification or change of any element of this Agreement is your express agreement to be bound by each and every term and condition of the new version of this Agreement. You may use the website and services only for personal, non-commercial usage.
2. Scope of Services
Best in Class Care provides access to a global network of healthcare providers and services by way of a digital platform (i.e. website) and a live Care Concierge service that facilitates communication and transfer of medical records, scheduling of appointments and associated travel logistics. We do not provide health care and we do not provide any medical advice regarding the nature of health care treatment available in any location. It is up to each individual who uses the website and services that we provide to conduct their own comprehensive due diligence of any healthcare provider and service. We encourage, as part of your decision-making process, that you consult with your local physician or other licensed health care provider so that you may be fully informed about all the necessary facts and information required in order to make an informed decision about your healthcare.
Best in Class Care does not endorse, recommend, or approve any center of care, healthcare provider or any third-party service provider (hereinafter “Providers”) of any nature. We provide information on Providers, prices for healthcare procedures, and options for travel and accommodations, so that you can begin to conduct your own research into whether or not our services are appropriate for you. The Providers alone are responsible for the content, accuracy and updating of the descriptions of themselves, their services and their prices. We do not warrant the accuracy, currency or completeness of the information or reliability of any advice, opinion, statement or other materials displayed on or distributed through this website, including, without limitation, any information or materials regarding, or provided by, any Providers. You acknowledge that any reliance on any such information, opinion, advice, statement, memorandum or other materials shall be at your sole risk.
You agree to assume all responsibility regarding whatever decision you make about obtaining healthcare services, and to indemnify Best in Class Care and hold us harmless from any and all claims, demands, liabilities, obligations, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Damages”) arising from use if our website and services, including medical treatments or consultations that you receive from any Provider learned about through Best in Class Care, regardless of your location.
3. Your Obligations as a User of the Best in Class Care Website and/or Services
To access some features of the website and some services, you will have to sign up for an account. This will require you to provide certain personal information, including but not limited to your name, birthdate and email address. By signing up for an account, you authorize Best in Class Care to access your personal information and your protected health information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA).
By requesting any service through the website, you authorize Best in Class Care to collect and store your health information and medical records and share them with the Provider(s) associated with your case. By requesting a service to be paid for by your health insurance plan (hereinafter, “Payer”), you authorize Best in Class Care to share with your Payer, your health information and medical records associated with your case.
You must be of adult age in your jurisdiction to use the website or to sign up for an account on the site. In any event, no user or account holder may be under the age of 18 years of age. Parents or guardians of minors may sign up for an account on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the website or use any of the tools or services that the site provides.
You are obligated to protect your login data (user name, password) carefully and against unauthorized access by third persons. You alone are responsible for all activities on or through your account. You agree to inform Best in Class Care immediately if you have knowledge of an unauthorized use of your account or of any other security risk.
You, the user, may not:
- Violate the law of any jurisdiction while visiting our site or using any tool or service that we provided.
- Conduct any activity that is harmful or detrimental to our site as solely determined by us.
- Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
- Upload any material that is harmful to our users’ computers or objectionable to our community as a whole.
- Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
- Falsely represent your professional or business credentials or professional background.
4. Changes to Website
Best in Class Care may change, suspend or discontinue any aspect of the website and/or services at any time, including the availability of any website feature, database, or content. Best in Class Care also may impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.
We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
5. Third Party Websites and Links
The Best in Class Care website may contain links and references to other websites maintained by third parties over whom Best in Class Care has no control. Similarly, Best in Class Care may be accessed from third party links over whom Best in Class Care has no control. Best in Class Care makes no warranties, representations, or responsibility of any kind as to the availability, accuracy, currency, or completeness of any information contained in such websites.
Websites and all such commercial publications such as, but not limited to: medical websites, education websites, research websites, blogs, press releases, tourism websites, and local business development websites may refer or link to the Best in Class Care website under two circumstances:
- Prior approval is sought in writing, and approved in writing, by authorized personnel of Best in Class Care.
- Subject references or links are done in a way that is fair and legal and does not in any way, whether directly or indirectly, damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by and/or operated by you unless you have obtained our prior written permission.
7. Medical Information
Best in Class Care may contain general information relating to various medical procedures, conditions, and their treatment preparation. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by your doctors. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a qualified healthcare provider.
8. Disclaimer of Warranties
WE ISSUE NO WARRANTY WHATSOEVER AND DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, SUITABILITY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, CAPABILITY, USEFULNESS OR FITNESS FOR ANY GENERAL OR PARTICULAR PURPOSE OF THE SITE, OR THE TOOLS, PRODUCTS OR SERVICES HEREIN SUPPLIED OR SOLD OR REGARDING THE CHARACTERISTICS OF SERVICES PROVIDED BY OR THROUGH THE SITE, OR REGARDING THE TIMELINESS, ACCURACY OR USEFULNESS OF INFORMATION OBTAINED FROM OR THROUGH THE SITE. THE SITE AND ALL CONTENT CONTAINED, DISTRIBUTED, SOLD OR PUBLISHED VIA THE SITE IS PROVIDED TO YOU “AS IS, WHERE IS”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO USE OF (I) ANY MESSAGE FEATURE OR (II) NEWSLETTERS, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
9. Force Majeure
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
10. Limitations on Liability
To the extent permitted by law, Best in Class Care and any of its officers, directors, employees, shareholders and agents, shall not be liable for any direct, indirect, incidental, special or consequential damages that may result to you or a third party arising out of use of the Best in Class Care website or services.
11. Trademarks, Copyrights & Ownership
“Best in Class Care”, including its product names, materials, and services, whether or not appearing in large print or with the trademark symbol, are trademarks of Best in Class Care, Inc. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, communications regulations and statutes, and other laws.
Best in Class Care is owned by Best in Class Care, Inc. All materials contained in Best in Class Care (the “Materials”) are either owned by or licensed to Best in Class Care, Inc. Best in Class Care and its licensors retain all proprietary rights to the Materials.
All Materials provided within or via this site are protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The Materials provided within or via this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
12. Termination of Service
We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you.
You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms of this Agreement, and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
13. Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site.
The pricing offered on the Best in Class Care Site is provided to Best in Class Care by the associated Provider. With respect to medical services available through the Best in Class Care network, we cannot confirm the price or medical service to be delivered until your individual Treatment Plan has been approved by your Provider and Payer. Unforeseen complexities discovered or arising during delivery of the Medical Service may alter final pricing.
Should you purchase a Medical Service through Best in Class Care, you agree that you will provide us with true, complete and correct credit information, that your credit card company will honor the charge(s) you have placed against your account, that you will refrain from “charging back” the charge for any reason and that you will in fact pay for all charges due to the Provider that are not covered by the allocated benefit, if any, received from your Payer.
Best in Class Care is not liable for any change and/or cancellation fee(s) charged to you by any Provider nor refund of any payment made by you for services offered and/or delivered by any Provider. All change and cancellation fees charged by Providers are subject to the terms and conditions specific to each Provider. All refund requests for services purchased from Providers are subject to the terms and conditions specific to each Provider.
15. Governing Law; Jurisdiction
This Agreement shall be governed by the laws of the State of Illinois without regard to its conflicts of law principles. The exclusive jurisdiction for any claims arising from or related to this Agreement or this website shall be the state and federal courts located in Chicago, Illinois.
16. Foreign Usage
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for compliance with the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). Do not use this site if such usage violates the laws of your jurisdiction, including the laws of any state of the United States or any USA federal law or regulation.
This Agreement constitutes the entire agreement between the parties and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Best in Class Care in its sole discretion may amend this Agreement, and your use of our website after such amended terms are posted on such website will constitute acceptance of such amended terms by you. Any cause of action you may have with respect to your use of this website must be commenced within one year after the claim or cause of action arises.