YOU, THE CLIENT, AGREE AS FOLLOWS:
NO GUARANTEES
1. THERE ARE NO GUARANTEES OF ANY KIND WITH RESPECT TO USE OF THE SITE OTHER THAN WE WILL PROVIDE THE PHYSICIAN REVIEW AND CONTACT THE CLIENT THEREAFTER. THERE ARE NO GUARANTEES WITH RESPECT TO ANY SERVICES OFFERED ON OR ASSOCIATED WITH THE SITE, SPECIFICALLY INCLUDING BUT NOT LIMITED TO; OBTAINING A LAWYER OR PERTAINING TO THE NATURE AND CONCLUSIONS OF THE EXPERT’S OPINION(S) OR THEIR WILLINGNESS TO TESTIFY IN YOUR MATTER OR CASE RESULTS OR IF A CASE HAS MERIT OR WITH RESPECT TO LINKS/ADS OR COMPUTER DAMAGES FROM USING THE SITE.
NO DOCTOR-PATIENT OR ATTORNEY CLIENT RELATIONSHIP
2. NO DOCTOR-PATIENT RELATIONSHIP IS FORMED BY USE OF THE SITE, WE DO NOT TREAT HUMAN AILMENTS AND WE DO NOT PRACTICE LAW. NO ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED BY USE OF THE SITE. MW IS NOT A MEDICAL PRACTICE NOR A LAW FIRM
GOVERNING LAW AND JURISDICTION
3. FOR ANY AND ALL DISPUTES THE SOLE JURISDICTION FOR ANY ACTION RELATED TO USE OF THE SITE IS COOK COUNTY, ILLINOIS. ANY AND ALL DISPUTES MUST BE SUBMITTED FOR MANDATORY ARBITRATION IN COOK COUNTY. CHOICE OF LAW IS ILLINOIS. ANY AND ALL ACTIONS RELATED TO THE USE OF THE SITE MUST BE INSTITUTED WITHIN 90 DAYS OF PAYMENT MADE OR THE ACTIONS IS FOREVER BARRED. ANY AND ALL HEARINGS OR TRIAL MUST BE IN PERSON IN COOK COUNTY.
SOLE REMEDY
4. THE SOLE REMEDY AVAILABLE IN ANY AND ALL ACTIONS RELATED TO THE SITE SHALL BE IN CONTRACT AND SHALL NOT EXCEED 50% OF THE SUMS PAID FOR SERVICES.
LIMITATION OF ACTIONS
5. NO OTHER FORM OF RELIEF SHALL BE AVAILABLE, AND THE FOLLOWING CAUSES OF ACTION AND DAMAGES ARE NOT EVER AVAILABLE TO CLIENT; SANCTIONS, PUNITIVE, EXEMPLORY, CONSEQUENTIAL DAMAGES, TORT, PROFESSIONAL NEGLIGENCE.
USE OF SITE
6. ANY AND ALL USE OF THE SITE IS AT YOUR OWN RISK IN ALL RESPECTS. MEDWITNESS, LTD (MEDWITNESS). IS A MEDICAL-LEGAL REFERRAL FIRM AS IT SENDS OUT MEDICAL AND LEGAL REVIEWS TO INDEPENDENT CONTRACTORS FOR THEIR OPINION(S). ALL OPINIONS ARE GIVEN TO A REASONABLE DEGREE OF MEDICAL CERTAINTY UPON THE SUBMISSION PROVIDED. MEDWITNESS, LTD AND NO ONE ASSOCIATED WITH MEDWITNESS, LTD. PRACTICES MEDICINE OR LAW EXCEPT FOR THE OUTSIDE MEDICAL EXPERTS AND LAWYERS SPECIFICALLY RETAINED AND IDENTIFIED FOR THAT PURPOSE.
NO REFUNDS
7. THERE ARE NO REFUNDS FOR ANY REASON.
PRIVACY AND CONFIDENTIAL COMMUNICATIONS WAIVED
8. ANY AND ALL PRIVACY REQUIREMENTS REQUIRED BY LAW, RULE OR ETHICAL CONSIDERATIONS OF ANY SORT, STATE AND FEDERAL, SUCH AS BUT NOT LIMITED TO, HIIPA, ARE WAIVED BY YOU FOR ANY AND ALL COMMUNICATIONS TO OR FROM MW TO ANYONE. NO CLASS ACTION LAW SUITS AGAINST US ARE ALLOWED, NO PERSON MAY USE THIS SITE IF THEIR USE OF THE SITE IN ANY WAY LIMITS THE LEGAL PROTECTIONS SET FORTH HEREIN OF MW OR ITS AGENTS IN ANYWAY, INCLUDING USE OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) (ACL). SUCH USER MAY WAIVE APPLICATION OF THE ACT IF POSSIBLE. IT IS THE DUTY OF THE USER AND NOT MW TO DETERMINE IF USE OF THE ACT IS PERMISSIBLE UNDER THESE RULES.
USE OF WEBSITE
IN ANY CAPACITY AS A PARTICIPANT, WHETHER AS A USER (INDIVIDUAL OR CORPORATE), ADVERTISER, AGENT OF AN ADVERTISER, EXPERT OR CONTRIBUTOR, YOU AGREE TO NOT PARTICIPATE IN THE WEBSITE (INCLUDING BUT NOT LIMITED TO SUBMISSION OF CONTENT AND ENTERING ANY ARRANGEMENT FOR PROVISION OF SERVICE BETWEEN USER AND EXPERT) AS FOLLOWS:
TO ENGAGE IN ANY ACTIVITY THAT IS UNLAWFUL, HARMFUL OR THREATENING (INCLUDING TO MINORS), TORTIOUS, INVASIVE OF ANOTHER'S PRIVACY, OR OTHERWISE OBJECTIONABLE;
TO MISREPRESENT INFORMATION ABOUT YOURSELF, INCLUDING YOUR IDENTITY (WHETHER BY GIVING A FICTITIOUS NAME OR THE NAME OF ANOTHER PERSON), CONTACT DETAILS, QUALIFICATIONS, AFFILIATION WITH ANY ENTITY ETC;
TO MISREPRESENT YOURSELF AS THE OWNER OR AUTHORIZED LICENSEE OF INTELLECTUAL PROPERTY IN ANY WORK OR THING, OR AS THE AUTHOR OF ANY WORK;
TO TRANSMIT OR OTHERWISE DEAL WITH ANY CONTENT THAT INFRINGES THE INTELLECTUAL PROPERTY OF ANY PERSON;
TO TRANSMIT ANY MATERIAL THAT CONTAINS SOFTWARE VIRUSES, MALWARE, RANSOMWARE OR OTHER MATERIAL THAT MAY LIMIT THE FUNCTIONALITY OF ANY SOFTWARE OR HARDWARE OR OTHER EQUIPMENT;
TO DO ANYTHING WHICH MAY IMPAIR THE FUNCTIONALITY OF THE WEBSITE;
TO DO ANYTHING, WHICH MAY IN THE OPINION OF THE SITE OPERATOR, LEAD TO A BREACH OF THE BEST PRACTICE GUIDELINES OF MAJOR SEARCH ENGINES AND /OR BEHAVE IN ANY MANNER WHICH MAY ARTIFICIALLY INFLATE VISITORS TO THE SITE OR CLICKS ON ANY ADVERTISEMENTS;
TO BREACH ANY RELEVANT LAW IN THE JURISDICTION WHERE YOU OPERATE;
TO BREACH ANY PART OF THESE TERMS AND CONDITIONS, INCLUDING ANY DIRECTIONS FORMING PART OF THE WEBSITE.
TO DO ANYTHING WHICH IN THE OPINION OF MEDWITNESS DAMAGES OR COULD POTENTIALLY DAMAGE THE REPUTATION AND STANDING IN THE COMMUNITY OF MEDWITNESS AND ANY RELATED PARTIES.
WITHOUT LIMITING AVAILABLE LEGAL REMEDIES, MEDWITNESS RESERVES THE RIGHT TO DENY ACCESS TO ANY, AND ALL OF THEIR SYSTEMS, DATABASES AND WEBSITES AT THEIR ABSOLUTE DISCRETION AND/OR CANCEL THE PARTICIPATION OF ANY PERSON, CORPORATE ENTITY, ADVERTISER OR ADVERTISING AGENT WHO ENGAGES IN ANY OF THE ABOVE ACTIVITIES. ON SUCH CANCELLATION, MEDWITNESS, MAY TAKE ANY NECESSARY ACTION, INCLUDING CANCELLATION OF ANY PASSWORD AND THE REMOVAL OF ANY CONTENT OR ADVERTISING MATERIALS PROVIDED BY THEM.
RIGHT TO MODIFY THE SERVICE
WITHOUT NOTICE AND WITHOUT ACCEPTING LIABILITY TO YOU IN THIS REGARD:
MEDWITNESS MAY MODIFY OR DISCONTINUE THE WEBSITE (OR ANY PART), INCLUDING ANY ASSOCIATED SERVICE (WHETHER TEMPORARILY OR PERMANENTLY); AND
MEDWITNESS MAY AMEND THESE TERMS AND CONDITIONS, EXCEPT IN RELATION TO PRIVACY AND SECURITY AFFECTING PRE-EXISTING PARTICIPANTS, WHERE SUCH CHANGES ARE DETRIMENTAL TO THOSE TO WHOM AN EXISTING DUTY OF PRIVACY AND SECURITY ARE OWED.
PROPERTY RIGHTS OF MEDWITNESS AND OTHERS
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE CONTAINS MATERIAL THAT IS THE INTELLECTUAL PROPERTY OF MEDWITNESS AND OTHERS. WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS MAY SUBSIST IN PARTS OF THE CONTENT, IN SOFTWARE, DOMAIN NAMES AND TRADEMARKS OF MEDWITNESS AND ANY ADVERTISERS, SUPPLIERS, EXPERTS, CONTENT PROVIDERS AND STRATEGIC PARTNERS.
UNLESS AUTHORIZED BY THE LEGITIMATE OWNER OR LICENSEE OF THE RELEVANT INTELLECTUAL PROPERTY, YOU AGREE:
NOT TO DO ANY ACT IN BREACH OF THE INTELLECTUAL PROPERTY LAWS OF AUSTRALIA OR THE JURISDICTION WHERE YOU LIVE, INCLUDING WITHOUT LIMITATION, COPY, DISTRIBUTE, OR CREATE DERIVATIVE WORKS BASED ON THE RELEVANT MATERIAL.
TO FULLY INDEMNIFY MEDWITNESS AND ANY RELATED PARTY FOR ANY LOSS DAMAGE OR COST INCURRED IN RELATION TO SUCH BREACH CAUSED BY YOU.
ANY DIRECTIONS FORM PART OF TERMS AND CONDITIONS
THE WEBSITE MAY, FROM TIME TO TIME, CONTAIN DIRECTIONS REGARDING ITS USE, WHICH ALSO MAY BE MODIFIED FROM TIME TO TIME. ANY SUCH DIRECTIONS ARE DEEMED TO FORM PART OF THESE TERMS AND CONDITIONS, AND ANY BREACH THEREOF SHALL BE CONSIDERED A BREACH OF THESE TERMS AND CONDITIONS.
REMEDIES
NO REMEDY CONFERRED BY ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS IS INTENDED TO BE EXCLUSIVE OF ANY OTHER REMEDY WHICH IS OTHERWISE AVAILABLE AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE. THE ELECTION OF ANY ONE OR MORE OF SUCH REMEDIES BY ANY OF THE PARTIES HERETO SHALL NOT CONSTITUTE A WAIVER BY SUCH PARTY OF THE RIGHT TO PURSUE ANY OTHER AVAILABLE REMEDY.
SEVERANCE
ANY PROVISION IN THESE TERMS AND CONDITIONS WHICH IS INVALID OR UNENFORCEABLE IN ANY JURISDICTION IS TO BE READ DOWN FOR THE PURPOSES OF THAT JURISDICTION, IF POSSIBLE, SO AS TO BE VALID AND ENFORCEABLE, AND OTHERWISE CAPABLE OF BEING SEVERED TO THE EXTENT OF THE INVALIDITY OR UNENFORCEABILITY, WITHOUT AFFECTING THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS OR AFFECTING THE VALIDITY OR ENFORCEABILITY OF THAT PROVISION IN ANY OTHER JURISDICTION.
SURVIVAL OF RIGHTS, DUTIES AND OBLIGATION
TERMINATION OF THESE TERMS AND CONDITIONS OR CESSATION OF PARTICIPATION IN THE WEBSITE BY A PARTICIPANT SHALL NOT RELEASE A PARTY FROM ANY LIABILITY WHICH AT THE TIME OF TERMINATION HAS ALREADY ACCRUED TO ANOTHER PARTY OR WHICH THEREAFTER MAY ACCRUE IN RESPECT OF ANY ACT OR OMISSION PRIOR TO SUCH TERMINATION.
EACH INDEMNITY IN THESE TERMS AND CONDITIONS IS A CONTINUING OBLIGATION, SEPARATE AND INDEPENDENT FROM THE OTHER INDEMNITIES AND SURVIVES TERMINATION OF THESE TERMS AND CONDITIONS OR CESSATION OF PARTICIPATION BY A PARTICIPANT.
ENTIRE AGREEMENT
THESE TERMS AND CONDITIONS EMBODY THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES AS TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS.
NO ORAL EXPLANATION OR INFORMATION PROVIDED BY ANY PARTY OR ITS OFFICER, EMPLOYEE, AGENT OR ADVISER TO ANOTHER:
AFFECTS THE MEANING OR INTERPRETATION OF THESE TERMS AND CONDITIONS; OR
CONSTITUTES ANY COLLATERAL AGREEMENT, WARRANTY OR UNDERSTANDING BETWEEN ANY OF THE PARTIES.
NO WAIVER OF ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS BY A PARTY SHALL BE EFFECTIVE UNLESS MADE IN WRITING ADDRESSED TO THE OTHER PARTIES AND DULY SIGNED BY THE PARTY MAKING THE WAIVER.
MUTUAL AGREEMENT
THE PARTIES RECOGNIZE THAT IT IS IMPRACTICABLE TO MAKE PROVISION FOR EVERY CONTINGENCY THAT MAY ARISE IN THE COURSE OF PERFORMANCE OF THE PROVISIONS OF THESE TERMS AND CONDITIONS AND ACCORDINGLY DECLARE THEIR INTENTION THAT THESE TERMS AND CONDITIONS SHALL OPERATE AMONG THEM WITH FAIRNESS AND COVENANT AND AGREE WITH EACH OTHER THAT THEY SHALL ACT REASONABLY AT ALL TIMES IN CARRYING OUT THEIR RESPECTIVE OBLIGATIONS AND USE ALL REASONABLE ENDEAVORS TO ENSURE THAT FULL EFFECT BE GIVEN TO THE TERMS OF THESE TERMS AND CONDITIONS IN THE SPIRIT IN WHICH IT WAS AGREED.
ASSIGNMENT
THESE TERMS AND CONDITIONS SHALL BE BINDING ON THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
NO PARTNERSHIP
UNLESS OTHERWISE SPECIFICALLY AGREED IN WRITING, NOTHING IN THESE TERMS AND CONDITIONS OR IN YOUR PARTICIPATION IN THE WEBSITE IN ANY CAPACITY IMPLY ANY RELATIONSHIP BETWEEN MEDWITNESS AND YOU OTHER THAN THAT OF SERVICE PROVIDER AND CUSTOMER. NO RELATIONSHIP OF AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYMENT, OR FRANCHISE SHALL BE CONSTRUED.
NOTICE
ANY NOTICE TO YOU OR TO MEDWITNESS SHALL BE MADE BY EITHER E-MAIL OR REGULAR MAIL.
FURTHER ASSURANCE
EACH PARTY SHALL PROMPTLY EXECUTE ALL DOCUMENTS AND DO ALL THINGS THAT ANY OTHER PARTY FROM TIME TO TIME REASONABLY REQUIRES OF IT TO EFFECT, PERFECT OR COMPLETE THE PROVISIONS OF THESE TERMS AND CONDITIONS AND ANY TRANSACTION CONTEMPLATED BY IT.