Terms and Conditions

Welcome to our website. HealthyPrice, Inc. ("we", "our", "us" or "HealthyPrice") operates a website under the name www.healthyprice.com (the "Website"). This Terms of Use Agreement ("Agreement") applies to the aforementioned website and any successor website and any other features, content, or applications offered from time to time by us in connection with or via the Website.

HealthyPrice is a service that enables a user to purchase healthcare services, procedures and tests (each, a "Service") from doctors and other healthcare providers (each such doctor or other provider, a "Provider") who offer their Services on our Website. We do not provide medical or other healthcare services and we are not an insurance company or prepaid health care plan. Further, we do not make recommendations of or referrals to particular doctors or other healthcare professionals. Rather, it is entirely your decision as to which Provider and Service, if any, to choose. Always seek the advice of your physician or other qualified health provider with any questions you have regarding a medical condition. If you think you have a medical emergency, call 911 or go to your local emergency room immediately.

This Agreement sets forth the legally binding terms for purchase of the Services and use of the Website by you ("you" and "your"). By using the Website, you agree to be bound by this Agreement. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, please leave the Website and discontinue use of the Website immediately.

This Agreement includes our policy for acceptable use of the Website, your rights, obligations and restrictions regarding your use of the Website, and our Privacy Policy. In order to access certain areas and functions of the Website, you may be required to agree to additional terms and conditions.

We may modify this Agreement from time to time, and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish to accept any change, you may choose not to use the Website. We reserve the right to make changes to the Website at any time without notice.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, and without liability. Without limiting the foregoing, we expressly reserve the right to restrict, suspend and/or terminate your access to any or part of the Website if we determine, in our sole discretion, that you pose a threat to the Website or our other users, or that you have violated this Agreement.

ONLINE CONDUCT

You, as a user, agree to use the Website only for lawful purposes. We reserve the right to prohibit conduct or communication that we deem in our sole discretion to be harmful to us, to individual users, to the Website, or to any third party, or which we believe to violate any applicable law. We do not assume liability for any action or inaction with respect to conduct, communication, or content on the Website, subject to any legal requirements.

We may disclose any electronic communications of any kind made to or through our Website (i) to satisfy any law, regulation, or court/government order or request; (ii) if such disclosure is necessary or appropriate to operate our Website; or (iii) to protect our right of property as well as that of our officers, directors, employees, agents and licensors.

This Website is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Website, including unauthorized commercial use of or framing photographs contained thereon or unauthorized framing of or linking to the Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.

PAYMENT

All transactions are conducted in U.S. Dollars. By placing an order through the Website, you are accepting the prices listed on the Website for the Services offered by the Providers. Any applicable taxes are included in the quoted prices. If paying with a credit card, you hereby certify that you are the authorized cardholder or that you have been authorized by the cardholder to use the credit card. In the event the credit card is dishonored, rejected, or later contested for any reason, you agree to pay to us the full amount of your purchase. If paying by other electronic payment form, you hereby certify that you are the owner of the account from which the payment is to be made, and you agree to pay to us the full amount of your purchase.

CONTENT

You acknowledge that the Website contains content that is owned by us or our licensors ("Proprietary Content") which is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies now existing or hereafter devised. The Website, including Proprietary Content thereon, is protected by copyright under U.S. law and international treaties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Website or the Proprietary Content, in whole or in part. Except as provided herein or by applicable law, you may not upload, post, reproduce, or distribute in any way any portion of the Website or the Proprietary Content without obtaining permission of the owner of the copyright or other property right.

www.HealthyPrice.com and HealthyPrice are trademarks or service marks of HealthyPrice. All rights are reserved. These marks and all other graphics, logos, service marks, trademarks and trade dress of HealthyPrice and its licensors used on the Website may not be used without our prior written consent. Without limiting the foregoing, no trademark or trade dress of ours may be used in connection with any product or service that is not HealthyPrice’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits HealthyPrice or the Website.

AGE OF USERS

This Website is not intended for the use of children or minors, and we do not market the Website for use by minors under the age of 18. We do not knowingly collect or use any personal information from minors. No information should be submitted to us or the Website by visitors who are younger than 18 years of age.

YOUR ACCOUNT AND PASSWORD

If you use the Website, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically, which constitutes your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEBSITE IS PROVIDED BY US AND OUR WEB HOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES OR THE PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATOR OF THE WEBSITE OR THE SERVICES; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY, SUITABILITY OR COMPLETENESS OF THE WEBSITE AND/OR THE SERVICES; OR (IV) THAT THE WEBSITE, ITS SERVERS OR E-MAIL PROVIDED BY, SENT FROM OR ON BEHALF OF HEALTHYPRICE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL.

UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, AND/OR ANY OF THE PROVIDERS WHO OFFER THEIR SERVICES ON THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HEALTHYPRICE’S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH OR OFFERED ON THE WEBSITE. FURTHERMORE, IN NO EVENT SHALL WE, OUR AFFILIATES, AND/OR ANY OF THE PROVIDERS WHO OFFER THEIR SERVICES ON THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR IN ANY WAY CONNECTED WITH ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HEALTHYPRICE, ITS AFFILIATES, AND/OR ANY OF THE PROVIDERS WHO OFFER THEIR SERVICES ON THE HEALTHYPRICE WEBSITE, AS APPLICABLE, IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY DOLLARS ($50), UNLESS OTHERWISE DETERMINED BY ANY COURT OF COMPETENT JURISDICTION.

THE PROVIDERS WHO OFFER THEIR SERVICES ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HEALTHYPRICE OR ITS AFFILIATES. HEALTHYPRICE AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HEALTHYPRICE AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, INTERRUPTION, DOWNTIME, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THE WEBSITE (INCLUDING BUT NOT LIMITED TO PRICING) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, HEALTHYPRICE AND ITS AFFILIATES AND THE PROVIDERS DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR, INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRICES OR SERVICES DISPLAYED ON THE WEBSITE (SOME OF WHICH INFORMATION IS PROVIDED BY DOCTORS AND OTHER SUPPLIERS UNAFFILIATED WITH HEALTHYPRICE, BUT LIABILITY FOR INACCURACIES IS DISCLAIMED REGARDLESS OF WHETHER ANY INFORMATION WAS SUPPLIED TO HEALTHYPRICE OR GENERATED BY HEALTHYPRICE). IN THE EVENT THAT YOU ORDER A SERVICE AND HEALTHYPRICE LATER DETERMINES THE SERVICE WAS INACCURATELY PRICED OR DESCRIBED.

NEITHER WE NOR ANY OF OUR AFFILIATES OR THE PROVIDERS SHALL BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity of enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

JURISDICTION

The Website is created and controlled by us in the State of California, and resides on servers in California. As such, the laws of the State of California will govern these Terms of Use, without giving effect to any principles directing the choice of another jurisdiction’s laws. The parties agree that exclusive venue for any disputes or other matters arising hereunder shall be in courts of competent jurisdiction sitting in the County of Los Angeles, State of California.

INDEMNITY

You agree to indemnify and hold HealthyPrice and its affiliates, and its and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website or through the Services causes us or them to be liable to another person.

PRIVACY POLICY

We believe that your privacy is very important. This policy outlines the types of personally available identifiable or personal information (called "personal information") in this Privacy Policy) that we will collect from you through the Website, and how we will use and when we might disclose that personal information. This Privacy Policy only governs our online collection of personal information. You continued use of the Website, and submission of information to us, constitutes your consent to this Privacy Policy.

Data and Personal Information That We Collect

We may collect the following personal information from Website users ("you") who choose to submit such information to us in connection with the services we provide: your name, your date of birth, your telephone number(s), your e-mail address and credit card information. We do not collect any personal information from you simply by virtue of your visiting our Website; we only collect it if you choose to submit it to us. However, we may collect such information as your computer’s IP address when you visit the Website, and other usage information, by virtue of your visiting the Website, whether or not you submit personal information to us.

We also may use "cookies" to simulate a continuous connection with you – cookies are small data files that may be stored on your computer, which let us "remember" information about your preferences and passwords and allow you to move within the Website without reintroducing yourself. We may use cookie and web beacon technology to track which pages on our Website our visitors view and which Web browsers our visitors and users use. We also may use "action tags" to assist in delivering the cookie.

Use of the Personal Information That We Collect

When you submit personal information to us, we collect this information and provide it to our personnel and any third parties (including, without limitation, our providers) as we deem appropriate so that they are able to evaluate your requests. We may use any contact information you provide us to contact you regarding other products and services we offer. Each time we send you advertising or marketing materials, we will provide you with the opportunity to opt out of receiving such materials in the future. You may also opt out of receiving such materials at any time in accordance with the instructions provided in this Policy.

Our servers, which may be hosted by one or more third parties, will store this personal information, including any credit card information you choose to submit to us, and may record such usage data as URLs of the websites from which you came to the Website and to which you went from the Website, your IP address, what type of browser you use and the date and time of your Website visit(s). Usage data may be used by us for administrative, analytical, research, optimization and other purposes, and this data in aggregated, anonymized form may be shared with third parties who provide such analytical and/or optimization services. For purposes of clarification, we will not be required to aggregate or anonymize your personal data that we share with third parties that we deem appropriate to evaluate your requests.

When we use third parties to assist us in processing your personal information, we require that they comply with this Privacy Policy and otherwise protect your personal information, applying security features that are standard or commercially reasonable in the web-hosting industry and websites of this nature.

We may also disclose the personal or other information collected if required by law or court order, if the information relates to actual or threatened harmful conduct, to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Website, to protect the property or safety of others, or in the event of the sale or other transfer or ownership of the Website, our properties, or us.

Your Rights

If you wish to opt out of further communications from us, or you do not want us to provide your personal information to third parties, contact us at customersupport@healthyprice.com and tell us that you opt out of our provision of personal information to third parties. It is entirely your choice whether or not you provide personal information to us.

Third Party Websites

This Website contains links to other websites and web pages. We want you to understand that when you click on such links, which will transport you to third-party websites, you are no longer subject to this Privacy Policy, but are instead subjected to terms of use and privacy policies that apply to such third party website(s). Please review them carefully. We disclaim all liability related to such third-party websites.

Website Security

The Website has security measures in place for purposes of protecting your personal information. For example, we store certain kinds of information, such as your personal information and credit card information, in encrypted form. However, we make no guaranty of confidentiality or privacy of any communication or information transmitted through the Website. We will not be liable for the privacy of e-mail addresses, registration and identification information, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of our services.

Other

This Agreement is accepted upon your use of the Website. This Agreement constitutes the entire agreement between you and us regarding the use of the Website. If you enter into any other agreement with HealthyPrice, the terms of such agreement may prevail over the terms of this Agreement if such other agreement so specifies. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permitted by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Acknowledgment

When using the Website or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Please contact us at customersupport@healthyprice.com or (800) 455-2797 with any questions regarding this Agreement.

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