ELECTRONIC COMMUNICATIONS

When you send e-mails, text messages, and other communications from your desktop or mobile device to or use our Service, you are communicating with us electronically. You consent to receive a variety of communications from us electronically. You understand and agree that (a) all agreements and consents can be signed electronically and (b) all disclosures, notices, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

WHAT THIS DOCUMENT MEANS TO YOU

This is a legal document which outlines SecondOpinionGlobal’s relationship with you, as a subscriber and user of our services and products. We urge you to read this document in its entirety. By becoming a registered user and/or accessing and/or using our Services, our Site (s), or any portion of the Services or the Site (s), you agree to be bound by these Terms and all applicable laws and regulations governing the Services at all times. If you do not agree with these Terms, you are not authorized to access or use the Services for any purpose. Your access to and use of the Services is conditioned on your full agreement and compliance with these Terms. There are other areas on our site where you will find additional terms and conditions applicable to those specific areas of the Site or to particular transactions are also posted in particular areas of the Site and, together with these general Terms, govern your use of those specific areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.
Please note that our Privacy Practices, even though a separate document, is also a part of our Terms of Service, which you are agreeing to also. If you do not agree with these Terms and Conditions, then you are not authorized to access and use our Services.

Please print and keep a copy of this Agreement. SecondOpinionGlobal® may, from time to time, change the terms of this Agreement. It is your responsibility to review these terms each time you use this website.

We welcome you to our Site www.SecondOpinionGlobal.com and access to our Services through any and all mobile Applications (“Apps”) where we are re-defining the delivery of healthcare. You are electing to join to access medical Second Opinion Services using our e-platform over the Internet and by using and downloading our specific “Apps” for different handheld devices, where available. SecondOpinionGlobal® is a U.S.A. corporation with global offices at 2821 83rd Street, Darien, Illinois 60561 U.S.A. SecondOpinionGlobal, Inc is NOT a medical service provider, rather WE provide an e-platform to facilitate communications between medical specialists and providers and patients, provide administrative services to health plans, health benefits to employers and their employees, as well as other Integrated Delivery Networks. We will refer to our Company and any other subsidiaries and affiliates as “we”, “us”, or “our”. “You” or “your” or similar terms refer to you as a user of our Services.

YOUR AGREEMENT WITH THESE TERMS

Please read the following important terms and conditions (“Terms”) carefully. It is your responsibility to periodically review these Terms as we may modify and change any of these Terms from time to time. These Terms govern your access to and use of the Services. These “Terms” constitute a binding legal agreement among you, as a user of the Services, and SecondOpinionGlobal, Inc., and SecondOpinionGlobal Provider Network, P.C., SecondOpinionGlobal Medical Group, PC., and any other entities controlling, controlled by or under common control with the foregoing (collectively, “SecondOpinionGlobal,” “we”, “us” or “our”). Any disputes that may arise, require use of arbitration to resolve. In addition, these terms also limit your remedies in the event of a dispute.

IMPORTANT: SecondOpinionGlobal is not a health insurance company or a provider of medical, psychiatric or therapy services, and is not licensed to provide or sell health insurance. SecondOpinionGlobal is an e-health platform. We offer to connect patients, directly and in connection with, our affiliated health plans with our network of affiliated medical professionals and specialists (“Providers”) to obtain online medical, surgical and sub-speciality Second Opinion services. Providers may include, but are not limited to medical physicians and sub-specialists, pediatricians, dermatologists, radiologists, pathologists and psychiatrists. “Providers” include employees, agents, or independent contractors of these Providers. Providers listed on SecondOpinionGlobal.com are paid for their clinical services and have no financial interest in SecondOpinionGlobal, Inc. Providers listed on SecondOpinionGlobal.com have an active license in the respective states listed on their profile.

PLEASE NOTE

IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, PLEASE CALL 1122 OR GO TO THE NEAREST EMERGENCY ROOM. USE OF THE SERVICES IS NOT FOR EMERGENCIES.

THIRD PARTY ACCESS TO YOUR ACCOUNT

Upon your request and consent, SecondOpinionGlobal will grant access to a third party, such as someone in your physician’s office, or other third party, or a care coordinator. For the purpose of setting up your user account, that account will have to be activated by you using the activation key sent to the email account that you provided us and to no other email account. By activating the account you are agreeing to be bound by these Terms of service, and to grant access to that third party to the contents of your user account, Profile, Provider notes, appointment reminders and record of consultations/sessions conducted through the Site, until such time as you revoke this access by emailing a secure message via your account to the Administrator requesting removal of that third party's access to your account.

WHAT WE DO

The e-health platform includes, without limitation, the following services (collectively, the “Services”):

(a) We Provide a secure customer portal for the facilitation of telephonic, video chat and electronic communications with Providers,

(b) the provision of provider and specialists profiles, payment of service provided, electronic medical records, ability to upload documents and pictures, and other services related to online medical Second Opinion consultation services for both our registered users and Providers, and

(c) the provision of other information about SecondOpinionGlobal and our products and services through our website, http://www.SecondOpinionGlobal.com (the “Site”) or through use of our “Apps”, where available.

(d) the vehicle for any conflict resolution that may arise during the normal course of business.

MEDICAL SPECIALISTS AND PROVIDERS

Medical specialists and providers are not the employees or agents of SecondOpinionGlobal. Each medical specialist and provider is an independent contractor with SecondOpinionGlobal Medical Group, PC., or with SecondOpinionGlobal Provider Network, PC.

DELIVERY OF MEDICAL ADVICE

To the extent medical second opinion is provided to you by a medical specialist and Provider through the Services, such medical Second Opinion is based on your personal health information and data as provided by you and according to the local standards of care for your presenting symptoms. Responses are not provided by SecondOpinionGlobal, but are provided exclusively by your medical specialist and Provider assigned to review your case file. The services do not include the provision of medical care, medical advise, mental health services, or other professional services by SecondOpinionGlobal.

 

WHO CAN ACCESS MEMBER PORTIONS OF THE SITE

By attempting to use our services and by submitting your user name and password, you declare that you are at least 18 years of age and that you are agreeing to and consenting to ALL terms and conditions specified in this document and at other places in the site. Access to certain portions of the Site and/or certain Content is restricted to registered users of our Services and their authorized representatives.

PAYMENT POLICIES FOR SERVICES

You agree to promptly pay all fees and charges for medical specialists and Provider Services, and you authorize us to automatically deduct all applicable charges and fees from the payment account(s) you designate in your user profile and/or during scheduling your Second Opinion consult.

Any "linked" payment processing accounts with third parties (such as PayPal) will appear in your user profile on the Site, and you will be able to view certain summary information for all such linked payment accounts. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.

You acknowledge and agree that you shall be personally responsible for all incurred expenses and agree to pay all such expenses on your behalf or on behalf of your dependent children.

Finally, in order to access the member-only portions of the Services, you must provide us with a current, valid email address so that we may contact you. By creating an Account, you agree to keep your email address updated.

REFUND POLICY

You understand and agree that you will be responsible for all fees for the services you have ordered and purchased. You can only request for a partial refund (full fee minus 30% administrative and case manager fees) as long as your case file has not been submitted to the medical specialist. Once your case file is determined to be complete and it has been electronically submitted for a Second Opinion, no refund can be issued.

REGISTERED USER ACCOUNTS

In order to access certain features of the Services you will be required to become a registered user of the Services by creating an account (“Account”). There is no charge to create and maintain an account, and no credit card is necessary to set up an account. To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.

You agree that the information that you provide to us at all times, including during registration and in any information you upload to your online profile maintained by or through the Services will be true, accurate, current, and complete at all times. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, and account numbers. Changes can be made in your user profile. You are solely responsible for the accuracy and completeness of your information. Each time you log in to our Services, you will have the option to check and update your profile information. By using the Services, you are consenting to truthfully complete questions to the best of your knowledge and ability. By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. SecondOpinionGlobal cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

MEDICAL SPECIALIST AND PROVIDER PROFILES

As part of SecondOpinionGlobal’s e-health platform, SecondOpinionGlobal may provide profile pages for medical specialists and Providers to enable them to post relevant information about their education, training, experience, and areas of specialization, preferences and availability. Providers are solely and exclusively responsible for the content of their respective profiles, and SecondOpinionGlobal expressly disclaims any and all liability for the content of the medical specialists and Provider profiles, including, without limitation, the accuracy or reliability of any information contained therein. It is your sole responsibility to check and verify any and all information in the medical specialists and Provider profile.

YOUR SecondOpinionGlobal DASHBOARD AND PROFILE

SecondOpinionGlobal has created a specific dashboard for customers in order to conveniently access the site. Your profile will be established and maintained for you as a registered user of the Services to enter, store, and access your health information online, and for your medical specialists, Providers and case manager to communicate with you about your care. Most of these functions can be accessed by you through this dashboard once you have logged into your account. This may include history, current conditions, symptoms, complaints, allergies and medications. All of the information contained in your profile will be maintained in accordance with our Terms and our Privacy Policy. You agree to provide accurate and complete information for your profile, to periodically review such information, and to update information that you provide as needed. Please refer to our Privacy Policy for more information.

Medical specialists and Providers assigned to your case may add electronic progress notes to their account or personal records after reviewing your case file and completing their consultations detailing the findings, diagnosis, treatment plan, and recommendations, including any scans or laboratory tests that were recommended, and any medications that were recommended by the medical specialists and Providers. We will make available to your medical specialists and Provider and others you have authorized, any case file notes, diagnostic studies reports and other information in your profile.

It is your responsibility to confirm the accuracy of any third party information uploaded to your profile.

IT IS THE OBLIGATION OF EACH OF YOUR MEDICAL SPECIALIST AND PROVIDER AND TO USE AND DISCLOSE ANY INFORMATION INCLUDED IN YOUR PROFILE IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS, INCLUDING, WITHOUT LIMITATION, OBTAINING ANY AUTHORIZATIONS THAT MAY BE REQUIRED FOR YOUR INFORMATION TO BE SHARED WITH THIRD PARTIES. BY REGISTERING FOR THE SERVICES AND DESIGNATING YOUR ASSIGNED MEDICAL SPECIALIST AND PROVIDER(S) AND OTHER AUTHORIZED REPRESENTATIVES, YOU AGREE TO DISCLOSE THE CONTENTS OF YOUR COMPLETE PROFILE TO YOUR DESIGNATED MEDICAL SPECIALIST AND PROVIDER(S).

ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION SECONDOPINIONGLOBAL’S SECURE MESSAGING PLATFORM, MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS OF SERVICE, YOU CONSENT TO ANY SUCH MONITORING. SIMILARLY, ALL MESSAGES TRANSMITTED THROUGH SECONDOPINIONGLOBAL’S SECURE MESSAGING PLATFORM ARE SAVED AND BECOME PART OF YOUR PROFILE.

RESPONSIBILITY FOR YOUR CARE
(Verifying Credentials of Treatment Providers)

Under the Services, medical specialists and providers are the only person exclusively responsible for providing advise and second opinion recommendations. SecondOpinionGlobal supports medical specialists and Providers by providing them with a license to our intellectual property rights, including our patented or patent pending inventions, trade secrets, copyrights, trademarks, service marks, trade dress and proprietary and confidential information, access to SecondOpinionGlobal’s technology platform, and administrative services. However, under the Services, exclusive control and responsibility for the practice of medicine and delivery of medical and surgical second opinion is reserved to the medical specialists and Providers.

All medical specialists and Providers available through the Services represent that they have degrees, licenses and/or certifications, as applicable, in the areas of medicine, medical specialities, and surgical specialities as the case may be. SecondOpinionGlobal attempts to confirm the credentials of all medical specialists and Providers and to validate that they are in good standing with their respective licensure board(s). However, SecondOpinionGlobal is not responsible for credentialing medical specialists and Providers, makes no representation regarding the accuracy of medical specialists and Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by medical specialists and Providers. In addition, changes in your medical specialist and Provider’s professional status could occur between the time we perform an initial credential check and the time you select your medical specialist and Provider. We recommend that you separately confirm that your medical specialist and Provider is in good standing with his or her respective licensing and certification board(s).

USE OF THE SERVICES BY CHILDREN

The provision of online medical and surgical second opinion services by medical specialists and Providers through the SecondOpinionGlobal Services is available for use by children, but the registered user for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with our Terms and our Privacy Policy and you accept these Terms and Privacy Practices as applicable to your dependents, in just the same way as it applies to you.

PRIVACY

When you use the Services, SecondOpinionGlobal will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. When you use the Services, SecondOpinionGlobal has access to, and in many cases will monitor, your usage of the Services. By using the Services, you agree that SecondOpinionGlobal may collect, use, and disclose information you provide during your use of the Services as set forth in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt out from receiving. In addition, certain cookies may be left on your computer or handheld device, which help us in identifying your device and to provide better and easier user experience.

Secure electronic messaging is always preferred to insecure email, but under specific circumstances, insecure email communication containing protected health information (“PHI”) may take place between you and SecondOpinionGlobal.

You should consider that standard email is not a secure means of communication. There is some risk that any PHI contained in email may be disclosed to, or intercepted, printed, or stored by, unauthorized third parties. SecondOpinionGlobal cannot ensure the security or confidentiality of messages sent by email.

You will receive email communication from SecondOpinionGlobal and medical specialists and Providers. If you choose to receive PHI in emails, you authorize SecondOpinionGlobal to send you messages that include PHI, which may include disclosure of physical illness, mental illness, substance abuse, and sexually transmitted disease. This authorization indicates you understand and accept the risks involved with insecure email communication of your PHI.

You may always elect not to receive message content containing PHI. In that case, you would instead receive secure notifications of new messages that require you to log in to SecondOpinionGlobal’s secure site to read message content. We recommend this option if you want to increase the security and confidentiality of your communications on SecondOpinionGlobal.

You may revoke this request by changing this setting at any time on the user registration page, at the bottom of emails from SecondOpinionGlobal, or in your account profile even if you have requested us to send email containing PHI to you.

SecondOpinionGlobal also may contact you to cancel, schedule or reschedule appointments via phone. By providing your contact information and agreeing to these Terms of Service, you give your consent to SecondOpinionGlobal to leave voice messages or speak with third parties at the phone numbers provided by you. Such contact by SecondOpinionGlobal will not divulge your personal health information and will be limited to confirmation or rescheduling of appointments with your case manager or Providers. If you wish to opt out of such communications, please contact customer services at info@SecondOpinionGlobal.com to request “Confidential Communications” and all reasonable requests shall be accommodated.

USER SUPPLIED MATERIAL

If you supply any comments, information, or material via the Site, you represent and warrant to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. Except for any individually identifiable health information you submit to us, all information or material you supply to us through the Site shall be deemed and shall remain our property, and you hereby assign to SecondOpinionGlobal all right, title, and interest in and to any such information or material, without any restriction or obligation to you.

RESTRICTIONS ON CONDUCT

IN CONSIDERATION FOR PERMISSION TO USE SecondOpinionGlobal.com YOU AGREE TO ABIDE BY ALL APPLICABLE TERMS OF USE WHEN POSTING AND NOT TO DO ANY OF THE FOLLOWING, WHICH CAN RESULT IN YOUR IMMEDIATE ACCOUNT CANCELLATION.

The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services.

In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:

(a) Use for any purpose in violation of local, state, federal, or international laws.

(b) Engaging in any other conduct that restricts or inhibits any other person from using or enjoying , or which, in the judgment of SecondOpinionGlobal, exposes us or any of our members, partners, medical specialists or suppliers to any liability or detriment of any type.

(c) email, upload, post, or otherwise transmit any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content);

(d) upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation trademark, copyright, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

(e) use the Services to collect or store personal data about other users without their express permission;

(f) knowingly include or use any false or inaccurate information in any profile;

(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes”, Ponzi scheme, or any other form of solicitation;

(h) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;

(j) use any meta tags or other hidden text or metadata utilizing a name, trademark, URL or product name;

(k) attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Services;

(l) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;

(m) use the Services in any way that competes with SecondOpinionGlobal;

(n) misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit medical specialists and Providers, directly or indirectly;

(o) Post material that is unlawful, misleading, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion.

(p) attempt to upload viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services; or

(q) encourage or instruct any other person or entity to do any of the foregoing.

OUR OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The website Design, its look and feel, and all its Functionality, the Services, the Site, the Logo, and all Information and/or Content that you see, hear, or otherwise experience on the Site (collectively, “Content”) are protected by U.S. and international copyright, trademark, and other laws. We have conceived and developed all content on the website. We own or have the license to use all of the intellectual property rights relating to SecondOpinionGlobal, the Services, the Site, and the Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, copyrights, trademarks, trade secrets, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You will not acquire any intellectual property rights in SecondOpinionGlobal by your use of the Services or the Site.

YOUR LICENSE TO USE THE SERVICES

All of your rights to use and enjoy our site and services are expressly contained in these Terms of Service and no other rights are granted or assumed under any circumstances. Subject to your compliance with the terms and conditions, SecondOpinionGlobal grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by SecondOpinionGlobal solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SecondOpinionGlobal or its licensors, except for the licenses and rights expressly granted in these Terms.

TERMINATION; CANCELLATION OF SERVICES

Accessing our Services is a privilege granted to you under the Terms of Service described herein to which you have agreed. SecondOpinionGlobal has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, temporarily or permanently, in our sole discretion. SecondOpinionGlobal, our website, Services, and our company is continually evolving and innovating. We may change our Services, our Site, the Content we offer, and the products or services you may access at any time. We may discontinue offering our Services or Site at any time and we may suspend or terminate your right to use our Services or Site at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, SecondOpinionGlobal will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or medical specialists and Providers are required to provide you with continuing care or advise under their applicable legal, ethical and professional obligations to you.

Upon termination of your right to use our Services or Site or our termination of the Services or Site, all licenses and other rights granted to you by these Terms will immediately terminate.

You may terminate your Account at any time and for any reason by sending notice or deactivating your account through your Profile and your account will no longer be accessible. Any cancellation request will be handled as soon as possible but no later than 30 days of receipt of such a request by SecondOpinionGlobal .

Any suspension, termination, or cancellation will not affect your obligations to SecondOpinionGlobal under these Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of Ownership of Intellectual Property Rights, Third Party Websites; Interest-Based and Other Advertisements, Disclaimer of Warranties, Indemnification, Limitation of Liability, General Terms, Arbitration and Governing Law and Forum for Disputes shall survive and remain in full force and effect, but the provisions of Your License to Use the Services shall be suspended, terminated or cancelled.

DISCLAIMER OF WARRANTIES

SecondOpinionGlobal does not provide any warranties of any kind, expressed or implied in any way to anyone. Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all information, materials, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

SECONDOPINIONGLOBAL AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SECONDOPINIONGLOBAL AND ITS LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT THE CONTENT YOU ACCESS ON OUR WEBSITE OR USING OUR SERVICE SATISFIES THE LAWS AND REGULATIONS REQUIRING THE DISCLOSURE OF INFORMATION FOR PRESCRIPTION DRUG PRODUCTS OR OTHER PRODUCTS OR SERVICES.

IN ADDITION, SECONDOPINIONGLOBAL AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY SECONDOPINIONGLOBAL WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES.

SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

INDEMNIFICATION

You will indemnify, defend, and hold harmless , SecondOpinionGlobal’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

(a) your access to or use of the Services, the Site, or the Content;

(b) your violation of any of the provisions of these Terms of Service;

(c) any activity related to your Account by you or any other person accessing the Site or Services through your account, including, without limitation, negligent or wrongful conduct; or

(d) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

SecondOpinionGlobal reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

LIMITATION OF LIABILITY

IN NO EVENT WILL SECONDOPINIONGLOBAL OR SECONDOPINIONGLOBAL’S LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE CONTENT, OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF OUR MEDICAL SPECIALISTS AND PROVIDERS OR OTHER LICENSED HEALTHCARE PROFESSIONALS ARISING FROM OR RELATED TO MEDICAL OR SURGICAL ADVICE, DIAGNOSIS, OR TREATMENT THEY PROVIDE TO YOU, EXCEPT AS PROVIDED UNDER APPLICABLE STATE LAWS. IN MANY JURISDICTIONS, MEDICAL SPECIALISTS AND PROVIDERS ARE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF. IN NO EVENT SHALL SECONDOPINIONGLOBAL BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A MEDICAL SPECIALIST AND PROVIDER FROM WHOM YOU RECEIVE MEDICAL AND OR SURGICAL SERVICES. SECONDOPINIONGLOBAL IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A MEDICAL SPECIALIST AND PROVIDER PROVIDING MEDICAL OR SURGICAL SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF SECONDOPINIONGLOBAL OR SECONDOPINIONGLOBAL’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE THOUSAND US DOLLARS (US $1,000.00).

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

ADVERTISEMENTS; THIRD-PARTY WEBSITES; OTHER LINKS

We may make available, on our Site and as part of our Services, links to third-party websites or resources from third parties on the Site.

SecondOpinionGlobal is not responsible or liable for the availability or accuracy of, and does not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the Site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others. YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. SECONDOPINIONGLOBAL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.

ERRORS AND INACCURACIES

The information on the Site including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. SecondOpinionGlobal reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. SecondOpinionGlobal will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. SecondOpinionGlobal reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

GENERAL TERMS

These Terms of Service constitute the entire agreement between you and us relating to our Services, the Site, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services, the Site, or the Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Services, the Site, or the Content, the signed written agreement will control. Only the executive officers of SecondOpinionGlobal have the authority to sign a separate signed written agreement between you and us.

Our licensors may be entitled to enforce this agreement as third-party beneficiaries. There are no other third-party beneficiaries to this agreement.

The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms shall continue to be valid and enforceable. Nothing contained in these Terms of Service shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of the Terms are for convenience only and shall have no legal or contractual effect.

ARBITRATION

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than US $10,000.00, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through JAMS. The parties must comply with the following rules:

(a) the arbitrator shall be selected from JAMS and the arbitration shall be conducted in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures, except as otherwise specified below;

(b) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;

(b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and

(c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any dispute, controversy, or disagreement arising out of or relating to these Terms, the breach thereof, or the subject matter thereof, where the total amount of the award sought is US $10,000.00 or greater, shall be settled exclusively by binding arbitration. The arbitrator shall be selected from JAMS and the arbitration shall be conducted in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures The arbitration shall be held in held in DuPage County, Illinois, USA unless the parties mutually agree to have such proceeding in some other locale. To the extent of the subject matter of the arbitration, the arbitration shall be binding not only on all parties to these Terms, but on any other entity controlled by, in control of or under common control with the party to the extent that such affiliate joins in the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

GOVERNING LAW AND FORUM FOR DISPUTES

THESE TERMS OF SERVICE AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF US, EXCLUDING ITS CHOICE OF LAWS RULES. YOU AND SECONDOPINIONGLOBAL EACH IRREVOCABLY AGREES THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE COURTS IN DuPage County, Illinois, USA. YOU AND SECONDOPINIONGLOBAL EACH IRREVOCABLY CONSENTS TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AND SECONDOPINIONGLOBAL AGREE THAT SECONDOPINIONGLOBAL MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

CHANGES TO THESE TERMS

We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Site. Your continued use of our Services or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.

CONTACTING US

We encourage you to contact us at info@SecondOpinionGlobal.com if you have any questions concerning our Terms. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. If you would like to contact us via physical mail. Our global headquarter mailing address is: SecondOpinionGlobal,Inc. 2821 83rd Street. Darien, Illinois 60561 U.S.A.

 

Last Revised: November 6, 2016

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