Last Updated January 2025

     These Terms and Conditions (as well as the Privacy Policy and End User Agreement) are the entire agreements of MedicalBridge LLC, 501 Union Street, Suite 545, #839287, Nashville, TN, 37219 and you. These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between you and www.medicalbridgecare.com and the IOS Apple and Google App site named MedicalBridge (collectively, the “Platform”) with respect to the subject matter of the same, and supersedes all other negotiations, understandings and representations (if any) made by and between you and the Platform. These Terms and Conditions shall not be construed more strongly against the Platform despite its responsibility for its preparation. Any updates to these Terms and Conditions will be posted on the Platform. BY ENROLLING IN OUR PLATFORM’S SERVICES YOU AGREE, ACCEPT AND UNDERSTAND THE TERMS BELOW. WE HAVE THE RIGHT TO REFUSE SERVICE BASED ON LOCAL, STATE OR FEDERAL LAWS RELATING TO ANY JURISDICTION.  YOU HAVE ANY QUESTIONS, CONTACT OUR CUSTOMER SERVICE TEAM AT www.support@medicalbridgecare.com. The Platform Terms and Conditions describe when and the conditions under which you are allowed to access or use the Platform. Please read these carefully before visiting our Platform. If you do not agree to these Terms and Conditions, you may not visit, use, or access the Platform and you may not click to accept the Terms and Conditions when prompted on the Platform.

ABOUT THE COMPANY AND THE SITE:

     The Platform is a technology platform that connects users to international medical providers and facilitators outside of the United States primarily in Latin American countries. The Platform provides collaboration between its users and the medical providers through management and communication tools and secure payment and invoicing tools.  The Platform is Not a medical provider and does NOT offer medical advice, recommendations, diagnosis, or opinions of any fashion. The Platform is not an employer of any medical providers on the platform nor are any medical providers agents of the Platform. There is no joint venture, partnership or any kind of shared ownership between the Platform and any medical providers on the platform. The Platform is not involved in the representation of the medical providers featured on this Platform. At no point and for no amount can the Platform be held liable for any conduct, action or omission of the Providers. The Platform is Not a medical referral service or employment agency. The Platform does not select or endorse any individual medical provider to provide advice to a user. While the Platform uses commercially reasonable efforts to confirm that registered medical providers are licensed, it does not make any warranty, guarantee, or representation as to the medical ability, competence, or quality or of any work performed or advice given, by any medical provider. The Platform does not warrant or guarantee that medical providers are covered by professional liability insurance. Medical providers are responsible for obtaining and maintaining professional liability insurance independent of the Platform. The Platform strongly encourages and recommends that users independently research any medical provider before accepting any professional advice. Users can access the medical association where the medical provider is licensed to practice as one way to get up to date information. The Platform does not recommend one medical provider over another, nor does it vouch for any of the medical providers or their performances in the work that they do. The Platform simply provides a space on which those seeking education, preventive healthcare, dental, cosmetics and plastic surgery or therapeutic assistance may communicate with medical professionals. The Platform does not sanction statements that medical providers make on the platform. The Platform makes no representation concerning the competency of the medical provider’s service, nor does it guarantee results. Use of the Platform does not create a medical provider-patient relationship with the Platform. No Platform content represents or warrants that any therapeutic option is safe, appropriate, or effective. The Platform does not endorse any specific tests, medications, products or procedures. You should always talk to an appropriately qualified health care professional with respect to treatment appropriate for you. Communications made via the Platform may NOT be held as confidential. The Platform is not liable for the actions or omissions of any medical provider performing. You are advised to exercise the same level of care and caution in the use of the Platform and its services as you would in making any health or medical decision.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR PRIMARY DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL ON ACCOUNT OF ADVICE THAT YOU RECEIVED THROUGH THE PLATFORM OR A MEDICAL PROVIDER.

 

                                   

 

 

 

CONSENT TO TREATMENT

 

You have the right to be informed about your condition and recommended therapeutic methods to be used so that you may make the decision whether or not to undergo any suggested treatment after being informed of the risks and benefits involved. This consent provides the medical provider your permission to provide therapeutic advice. You have the right at any time to discontinue services. You understand that the practice of medicine is not an exact science. You understand that there are risks and benefits when receiving health care services. You understand that when you receive therapeutic advice and care, the risks and benefits of such care will be explained to you, and you will have the opportunity to ask the medical provider questions about such risks and benefits (and we encourage you to ask such questions). You represent that you have or will truthfully supplied information about your health care condition and status when answering any questions during any conversations with a medical provider.

                                     

USER RESPONSIBILITIES

    

    You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility. If you use the Platform, you will be provided with a questionnaire to obtain information from you. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify the Platform immediately of any unauthorized use of your account, or any other breaches of security regarding your account. The Platform will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction, to bind yourself to this Agreement; (ii) your use of the Platform services will be solely for purposes that are permitted by this Agreement; (iii) your use of the Platform service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the Platform services will comply with all local, state and federal laws, rules, and regulations, and with all other Platform policies and procedures. You are allowed to use the Platform services as long as you follow the rules and restrictions as set forth in this agreement and as per the applicable law in the state in which you reside. The Platform is not responsible for the content our users or Provider’s posts, and we have the right to close accounts that violate the terms of this agreement without notice if we believe or perceive any posts have violated Platform policies or procedures.

PROHIBITED SITE USES

     You may not use, or encourage, promote, facilitate, instruct, or induce others to use, the Platform or Platform services for any activities that violate any law, statute, ordinance or regulation; or for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others. The following are some examples of uses that are prohibited on the Platform by users, Providers or anyone who accesses or uses the Platform, or when using the Platform services: a. Seeking, offering, promoting, or endorsing services, content, or activities that: (i) are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature; (ii) would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website; (iii) would violate (a) Platform Terms and Conditions, (b) Site other policies and procedures, or (c) the terms of service of another website or any similar contractual obligations; (iv) regard the creation, publication, or distribution of “fake news”, content or similar content, which is, in the Platform’s sole discretion, determined to be intended to mislead recipients for personal, financial, political or other gain or advantage; (v) regard or promote in any way any escort services, prostitution, or sexual acts; or (vi) are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law; (vii) is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (viii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; b. fraudulent or misleading uses or content, including: (i) fraudulently billing or attempting to fraudulently bill any user, (ii) misrepresenting experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own; (iii) using a profile photo that misrepresents your identity or represents you as someone else; (iv) impersonating any person or entity; (v) falsely attributing statements to any Platform representative; (vi) falsely stating or implying a relationship with the Platform or with another company with whom you do not have a relationship; (vii) allowing another person to use your account, which is misleading to other users; or (viii) expressing an unlawful preference in a post or otherwise unlawfully discriminating on a protected basis; (ix) Posting identifying information concerning another person; (x) spamming other users/platforms; (xi) Making or demanding bribes or other forms of payments without the intention of providing services in exchange for the payment; (xii) duplicating or sharing accounts; (xiii) selling, trading, or giving an account to another person without Site consent; (xiv) directly or indirectly, advertising or promoting another website, product, or service or soliciting other Providers for other websites, products, or services, including advertising on the Platform to recruit Providers and/or users to another website or company; c. Interfering or attempting to interfere with the proper operation of the Platform or Platform Services or any activities conducted on the Platform, including by: (i) bypassing any measures that the Platform may use to prevent or restrict access to the Platform or any subparts of the Platform, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein; (ii) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; (iii) using any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; (iv) attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Platform;(v) collecting or harvesting any personally identifiable information, including account names, from the Platform; (vi) attempting to or imposing an unreasonable or disproportionately large load (as determined in the Platform’s sole discretion) on the Platform’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Platform that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Platform or any software, firmware, hardware, computer system, or network of the Platform or any third party; (vii) accessing or attempting to access the Platform or Platform Services by any means or technology other than the interface provided; or (viii) framing or linking to the Platform or Platform Services except as permitted in writing; d. Conduct or actions that could jeopardize the integrity of or circumvent the Platform, Platform services or Platform proprietary information, including: (i) attempting to, or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Platform or Platform services unless expressly permitted by applicable law or the Platform; or (ii) accessing or using the Platform or Platform services to build a similar service or application, identify or solicit Platform users; (ii) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

MODIFICATION OR TERMINATION OF SERVICE. 

Your use of the service is offered at the discretion of the Platform, and it reserves the right to modify these terms and conditions, condition of participation, or any other aspect of the services, in whole or in part, at any time, with or without notice to you (except as otherwise specified herein).

THIRD PARTY PROCESSOR.  The Platform will use Square as a third-party payment processor to process any payments. When you process payments via a third-party payment processor, you shall separately read and agree to their User Agreement and comply with this Agreement and the business rules of such partner. The Platform shall assume no responsibility for any loss or damage.  We reserve the right to delay, cancel, reverse (to the extent possible) or refuse to process, any submitted transaction, if: (i) required by law or regulations or in response to a subpoena, court order, or other government order or to enforce transaction limits; (ii) we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity; (iii) we reasonably suspect that the transaction is erroneous; (iv) if we suspect the transaction relates to prohibited use as set forth in this agreement; or (v) we suspect that you have breached any terms of this agreement. In such instances, we are under no obligation to allow you to reinstate a transaction.

RISKS. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK, WHICH CAN BE SUBSTANTIAL.

 

 

 

INTELLECTUAL PROPERTY

    If you believe that material located on or linked to by the Platform violates your copyright, please notify us in accordance with our Digital Millennium Copyright Act Policy. The Platform respects the intellectual property rights of others and requests that our users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a user’s access to and use of the Platform if, under appropriate circumstances, the user is determined in the Platform’s sole discretion, to be a repeat infringer of the copyrights or other intellectual property rights of the Platform or others. We may terminate access for users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Platform infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to the Platform designated copyright agent at support@medicalbridgecare.com. If the Platform takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to the Platform. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties. If you believe that your user generated content that has been removed from the Platform is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content you submitted to the Platform, you may send a properly formatted counter-notice to the Platform copyright agent using the contact information set forth above. If a counter-notice is received by the Platform copyright agent, the Platform may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on the Platform in 10 to 14 business days after receipt of the counter-notice. The Platform retains all ownership of our intellectual property, including our copyrights, patents, and trademarks. This Agreement does not transfer from the Platform to you any Platform or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Platform. We reserve all rights that are not expressly granted to you under this Agreement. Specifically, the Platform and all other trademarks that appear, are displayed, or are used on the Platform or as part of the service are registered or common law trademarks or service marks of the Platform. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from the Platform, except as an integral part of any authorized copy of the Content.

LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES.  Your use of  the Platform expressly acknowledges that the Platform is solely a technology platform connecting you to a medical provider, and its owner, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use of the services, any failure or delay by the Platform in connection with the services, or the performance or non-performance of the services by the Platform. The Platform shall have the right to choose its service partners in its sole and absolute discretion. In the event of a disruption in service from a partner, the Platform shall have the right in its sole and absolute discretion to substitute that partner with another partner. Notwithstanding this disclaimer, if the Platform is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then its liability will in no event exceed, in total, the sum of $100.00. You agree to indemnify and hold harmless the Platform from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, including but not limited to your violation of this Agreement. If you have a dispute with a medical provider, you release the Platform from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 PRIVACY. Use of the Platform is subject to the terms of our Privacy Policy, each of which is hereby incorporated into and made part of these Terms and Conditions.  Please carefully review these which explains how we collect, use, and disclose information. By using or accessing the Platform, you agree to be bound by the terms of these policies.

NO WARRANTY. The Platform makes no warranty of any kind regarding the services which are provided on an as is and as available basis. The Platform expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The Platform is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the services, including without limitation, that the services will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the services. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

ENTIRE AGREEMENT; SEVERABILITY. This Agreement contains all of the terms of the services, and no representations, inducements, promises or agreements concerning the service program not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.

GOVERNING LAW. THIS AGREEMENT AND THE TERMS OF THE  SERVICES SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.

ARBITRATION. ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, OR TO ANY ACT OR OMISSION FOR WHICH YOU MAY CONTEND SHALL BE SUBJECT TO ARBITRATION. In the event of a dispute between you and the Platform you and the Platform agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties mutual interests. All disputes shall be submitted to final and binding arbitration to be conducted in Shelby County, Tennessee, or a location closest to Shelby County, Tennessee if no such location for the chosen arbitration body exists there. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL.

     The party filing the arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association, (http://www.adr.org) or JAMS (http://www.jamsadr.com). In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select the other firm. Each party will bear its own expenses, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the dependency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Shelby County, Tennessee.

     The parties also agree to have any such dispute heard before a Judge and waive any rights to a trial by jury THAT THE PLATFORM IS LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY (DISPUTE, SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION NEAREST TO SHELBY COUNTY, TENNESSEE. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF ACTUAL COMPENSATORY DAMAGES AND SHALL NOT MULTIPLY ACTUAL DAMAGES OR AWARD CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY CLAIM THERETO. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. BOTH YOU AND THE SITE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

ASSIGNMENT.  The Platform may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your rights or obligations pursuant to these Terms and Conditions.

COMMUNICATION BETWEEN US. You understand that the Platform may monitor, tape and/or record any conversation that may occur between us. However, the Platform is not obligated to do so and it may choose not to do so. You authorize the Platform to contact you at its discretion by using prerecorded messaging, predictive dialing devices, and electronic messaging including but not limited to SMS, Text, MMS, Chat, IM, Email and video alternatives. If you choose not to be contacted by this method, please contact member services.

ANY PERSON WHO USES THIS SITE ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE ALONG WITH THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, AND THERFORE WILL BE BOUND BY THESE AGREEMENTS.