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TERMS & CONDITIONS


Welcome to hwbazaar.com, the website of Health & Wellness Bazaar. Please read these Terms of Use carefully before using this site. By accessing or using this site, you agree to be bound by these Terms of Use. The provision of information and services through this site by Hospital for Special Surgery is subject to your agreement to the Terms of Use below.

Use of Information

Links to Other Sites

Author's Disclaimer

User Contributions

Editorial Policy; Third Party Content

Disclaimer of Warranty; Limitation of Liability

Indemnification

Copyright and Trademark Information

Miscellaneous; Applicable Law

Right to Change Terms of Use

Privacy Policy

USE OF INFORMATION

The HWBazaar website is intended to provide educational information for patients and members of the public to assist in understanding medical developments and medical knowledge in the broad fields of Bariatric, Cardiovascular, Cosmetic/Plastic, Oncological, Orthopedic, Pain Management, and Regenerative and Reproductive Medicine. Use of this site does not establish a physician-patient relationship. The information provided in this HWBazaar website does not constitute medical or health care advice for any individual problem and is not a substitute for medical or other professional advice and services from a qualified health care provider familiar with a patient’s unique facts. Patients or individuals with other health concerns should always consult their health care providers for any health problem or medical condition, and/or prior to starting any new treatment.

While HWBazaar seeks to keep this website up-to-date, medical treatment and knowledge change quickly and this site should not be considered as error-free or as a comprehensive source of all information on a particular topic. It is your responsibility to evaluate the information on this website together with your qualified health care professional.

HWBazaar and affiliated physicians assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on this site. Your use of this site is subject to the additional disclaimers and caveats that may appear throughout these Terms of Use and the HWBazaar website.

LINKS TO OTHER SITES

Links to other sites, including those of HWBazaar website sponsors, are provided for informational purposes and do not constitute endorsements or recommendations by HWBazaar or its faculty of those sites, or the information, materials, products, or services contained on or accessible through the sites, and users’ access and use of such sites, including information, material, products, and services on those sites, is solely at the risk of the users. Health & Wellness Bazaar is not responsible for information provided on any site to which it is linked.

USER CONTRIBUTIONS

If you post materials to this site (such as on blog comments or testimonials), you must agree to follow these rules:

you may not post or submit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, or hateful, that violates the property rights of others (including, without limitation, copyright or trademark rights), that violates the privacy or publicity rights of others, or that is in violation of applicable laws;

you may not interfere with other users' use and enjoyment of this site;

you may not use this site to do anything that is illegal or that violates the rights of others;

you may not use this site to advertise or sell products or services to others; and

you must immediately inform HWBazaar if you believe that a user is infringing any copyrighted materials or is otherwise violating these Terms of Use. HWBazaar has no responsibility for the content of any material posted by users, but HWBazaar reserves the right in its sole discretion to

edit or delete any documents, information, or other material submitted to, or appearing on, this site, and

refuse access to the site to any user that violates these Terms of Use. Bulletin boards and chat rooms contain the opinions and views of other visitors to the site. HWBazaar is not responsible for the accuracy of any messages on this site and you should always consult a physician or other qualified health care provider before relying on any information you find on this site, including, but not limited to, the information you find in the chat rooms.

By posting any materials to the HWBazaar website, you automatically grant or warrant that the owner of such materials has clearly given HWBazaar the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such materials (in whole or part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

HWBAZAAR, ITS OTHER AFFILIATED PHYSICIANS, AND THEIR SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ACCESS TO THIS SITE MAY BE INTERRUPTED AND INFORMATION, SERVICES, AND MATERIALS MAY NOT BE ERROR-FREE.

NEITHER HWBAZAAR, OTHER MEMBERS OF THE MEDICAL STAFF OF HWBAZAAR, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON THIS SITE, NOR SHALL THEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THIS SITE. ALL INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

IN NO EVENT SHALL HWBAZAAR, HWBAZAAR FACULTY, OR OTHER MEMBERS OF THE MEDICAL STAFF OF HWBAZAAR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM THE USE OF, OR INABILITY TO USE, THE INFORMATION, SERVICES, OR MATERIALS ON THIS SITE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THIS SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THOSE LIMITATIONS. SOME STATE LAWS REGARDING LIMITATION OF LIABILITY MIGHT APPLY.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HWBazaar, the other members of its medical staff, and their suppliers from any liability, loss, claim, and expense (including attorneys’ fees) related to (i) your violation of this Terms of Use of this website and (ii) your posting of material to this site.

COPYRIGHT AND TRADEMARK INFORMATION

All materials and content on this website, including text, graphics, logos, site design, images, audio, and video clips, are the property of HWBazaar, its faculty, the other members of its medical staff, or their suppliers, and are protected by U.S. and international copyright laws. All such materials may be accessed, downloaded, or printed for your personal non-commercial use only. Without the prior written permission of HWBazaar, you may not modify, copy, distribute, transmit, display, or publish any material on this site, in whole or in part. Permission may be requested by sending an email to [email protected] . Health & Wellness Bazaar is a registered trademark and may not be used without the prior written authorization of HWBazaar. Other than on search engines or other such listings, the name “Health & Wellness Bazaar” may not be used without the prior written permission of HWBazaar.

RIGHT TO CHANGE TERMS OF USE

HWBazaar may, at any time and from time to time, change these Terms of Use. Any changes to these Terms of Use will be effective immediately upon posting of the changed Terms of Use on the HWBazaar website. You agree to review these Terms of Use periodically, and your use of this website following any such change constitutes your agreement to follow and be bound by the revised Terms of Use.

SOCIAL MEDIA COMMENT POLICY

Thank you for your interest in interacting with HWBazaar. Through social media, HWBazaar aims to engage individuals and organizations in discussions involving medical treatments and medical tourism. We encourage your comments throughout the various social media platforms used by HWBazaar, including Facebook, Google+, Twitter, Instragram and YouTube.

To keep the dialogue productive and informative, we have established the following policy:

Be respectful. Personal attacks, harassment, defamation, profanity, aggressive communication, hate speech, threats of violence, vulgarity and nudity in postings are prohibited.

Be truthful. Spreading misleading or false information and impersonating another person are prohibited.

No spam. Repeated posting of identical or very similar content that is irrelevant to the discussion is prohibited. Posting of chain letters, pyramid schemes and advertisements is also prohibited.

HWBazaar retains the right to determine which comments violate this policy and to remove such comments. Repeated violations of the HWBazaar comment policy may cause the author to be blocked from communicating.

On HWBazaar social media sites, the views expressed within postings do not necessarily reflect those of Health & Wellness Bazaar. Links to other web sites do not constitute endorsements of those sites by HWBazaar, and HWBazaar is not responsible for the content of external web sites.

HWBazaar social media platforms are to be used for informational purposes only. What you read is not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of your physician or other qualified health provider with any questions you have about a medical condition.

Please also be aware that when you post something online, it may be read by many people. We suggest that you avoid posting your medical and personal information on our social media sites.

By posting on an HWBazaar social media site, you understand and acknowledge that your information is public and may be used by Health & Wellness Bazaar for promotional and fundraising purposes. You also agree that you will indemnify HWBazaar against any damages, losses, liabilities, judgments, costs or expenses arising out of a claim by a third party relating to posted material.

This comment policy is valid for all discussions on any HWBazaar managed social media forum. Thank you for taking the time to review this policy. We look forward to engaging in a discussion with you.


PATIENT AGREEMENT

I, the Patient, desire to voluntarily obtain medical services provided by the Healthcare Provider/Physician (“Healthcare Provider”) that I have selected. I warrant that I have read and understand every provision contained in this Agreement. By signing this Assumption of Risk and Release of Liability, I hereby agree to comply with the following conditions:

INFORMED CONSENT AND AGREEMENT

I specifically warrant that I have been sufficiently informed and have been given the opportunity to discuss this form and its contents with the Healthcare Provider, and to have my questions adequately answered. I have been asked to make a choice about my treatment, and I hereby consent to receive medical services with the Healthcare Provider as planned, prescribed and provided by the undersigned Healthcare Provider. I agree to follow my Healthcare Provider’s medical services treatment plan exactly as s/he plans, prescribes and provides it for me, and I understand that any questions, concerns or complaints I have regarding my treatment must be communicated to my doctor as soon as they arise.

I warrant that I am making the decision to obtain medical services from the Healthcare Provider solely based upon my own independent investigation and analysis, and discussions that I may have had with my own medical, dental and/or legal advisors in the United States of America (“U.S.”), Canada, or elsewhere, including but not limited to information related to the medical services to be obtained from Healthcare Provider, medications, post-treatment care, fitness for travel and/or other activities. I am fully aware that the Healthcare Provider as a healthcare professional has the ultimate decision whether it is safe to proceed with the procedure I have reserved.

I understand that all medical services are provided by medical professionals who are not in the employ of Facilitator, Health & Wellness Bazaar. I understand that any and all information provided by Health & Wellness Bazaar is for educational and informational purposes only, and is not intended to be a substitute for Healthcare Provider’s consultation. I understand that I may consult with my own doctor or appropriate health care provider about the services offered. I further understand that Facilitator, Health & Wellness Bazaar, is in the business of facilitating information for medical purposes, and this may include the collection of monetary funds from patients and transfer to healthcare providers. I understand that Facilitator, Health & Wellness Bazaar, does not recommend, endorse or provide any specific test, products, or procedures of a medical nature. Reliance on any information or referrals provided by Facilitator, Health & Wellness Bazaar is solely at my own risk.

I hereby give my unqualified, informed, consent to the Healthcare Provider to perform the procedure as agreed upon in the Health & Wellness Bazaar Quote (the “Medical Services”). I certify that I have been provided with materials describing the Medical Services and that I have reviewed such materials. In addition, I certify that I have been given the opportunity to discuss the Medical Services, including the potential benefits, risks, expected outcomes, and medical alternatives to the Medical Services, with a physician employed by, contracted with, or selected by the Healthcare Provider. In addition, to the extent that during the course of the Medical Services or related services provided to me by the Healthcare Provider, the need arises for emergency, or life-saving treatment, I hereby consent to the performance of any other medical services and procedures deemed necessary by the medical staff of the Healthcare Provider, and consent to the payment of all costs associated with any and all other medical services and procedures resulting from a complication, which are not covered in the original bundled Quote.

I have not been given any promises or warranties regarding the outcome or results of the Medical Services. I have been given guidelines outlining results and expectations. I understand that my results may or will vary and depend on many factors and variables, and that my results may or may not fall within the guidelines and expectations discussed. I understand that results are not guaranteed and complications with Medical Services may arise.

I specifically warrant that I have been given adequate time and information to allow myself to make a decision to undergo such Medical Services. I further warrant that I have been advised to, and have had the opportunity to seek and obtain independent medical advice from an appropriately qualified medical practitioner of my choosing in relation to any medical services that the Healthcare Provider may provide to me. At this time, I confirm that I voluntarily desire to undergo and proceed with the Medical Services.

I, the undersigned, further understand, acknowledge and agree that:

  1. Participation in medical treatment and / or surgical procedures involves serious inherent risk(s);
  2. There are additional serious risks inherent in travel and in participation in medical treatment and / or surgical procedures in jurisdictions outside of the U.S. or Canada;
  3. Facilitator, Health & Wellness Bazaar, has not at any time: a) provided medical advice or recommendations to me; b) assessed my fitness for the purposes of travelling or undergoing any medical treatment and / or surgical procedures; c) approved or endorsed any medical treatment or procedure; d) made any guarantees or promises of benefits or cures from any such medical procedures;
  4. Facilitator, Health & Wellness Bazaar does not employ medical professionals or any other personnel who may be relied upon to give medical advice, assessments, recommendations or endorsements at any time during my medical travel.

I understand that Healthcare Providers do have the right to refuse treatment based on their initial health assessment, and this is in no way reflects on Facilitator, Health & Wellness Bazaar, who is strictly a facilitator of information provided by the patient.

ASSUMPTION OF RISK

I understand that undergoing any medical procedure entails substantial risk, and possible complications. I hereby acknowledge that there are known and unknown risks and possible complications associated with the Medical Services. I agree to follow the advice of my Healthcare Provider while under his/her care. I understand that I have the right to deviate from the recommended treatment plan and in doing so, I hereby accept and agree to be solely responsible for the risks and complications that may occur as a result of deviating from the recommended treatment plan, and will not hold Healthcare Provider or Health & Wellness Bazaar responsible in any way.

My travel to Mexico and my medical treatment and / or surgery in Mexico are undertaken solely at my own risk. Any complications arising from medical procedures will be charged extra to the package price and solely my financial responsibility, including, but not limited to, additional medical treatment or further hospitalization.MEDICAL RECORDS

I swear and affirm that all information and medical records provided by me to the Healthcare Provider shall be true, accurate and complete to the best of my knowledge, and I understand that the medical personnel, including but not limited to physicians, nurses, and technicians (collectively the “Medical Personnel”) will be relying upon the truth, accuracy and completeness of such information and medical records in exercising their own medical judgment. I hereby indemnify, defend and hold harmless the Healthcare Provider from and against any liability arising from any inaccuracy, incompleteness, or intentional omission of information and medical records supplied by me or my physician in the U.S., Canada, or otherwise.

CANCELLATION/RESCHEDULING OF MEDICAL SERVICES AND REFUNDS

I agree that the Healthcare Provider has the right to cancel the Medical Services at any time and for any reason in the sole and absolute discretion of the Healthcare Provider. If the Medical Services are canceled by the Healthcare Provider, I understand that I will receive an accounting of costs incurred by the Healthcare Provider up until the date of cancellation.

I agree that in the event I choose to cancel the Medical Services, I may for any reason. If I elect to cancel the Medical Services 31 or more days before my appointment I understand that I will be refunded half of my deposit. I further agree that if I cancel my appointment within 30 days of my appointment date, I will forfeit my deposit in its entirety. I agree that if I elect to cancel the Medical Services on or during my scheduled appointment date, in addition to the forfeiture of my entire deposit, I will also be liable for any costs incurred by the Healthcare Provider and Health & Wellness Bazaar on that date.

I agree that if I request to reschedule my appointment 31 or more days before my appointment, Health & Wellness Bazaar will transfer my entire deposit to my new surgery date. I agree that if I request to reschedule my appointment within 30 days of my appointment, I will forfeit my deposit in its entirety.

SCHEDULING

I agree that if I schedule Medical Services 90+ days before my appointment, it is my responsibility to obtain and submit the necessary blood work to Health & Wellness Bazaar 60 days prior to my appointment. I agree that if I schedule Medical Services 30-90 days before my appointment, it is my responsibility to obtain and submit the necessary blood work to Health & Wellness Bazaar no later than 15 days after paying the deposit. I agree that if I schedule Medical Services within 30 days of my appointment, it is my responsibility to obtain and submit the necessary blood work to Health & Wellness Bazaar as soon as possible, and prior to commencing travel to my appointment.

ROLE OF HEALTH & WELLNESS BAZAAR

I understand and acknowledge that Health & Wellness Bazaar (“HWB”) is NOT a Healthcare Provider or medical professional, and does NOT provide any type of medical services. I further acknowledge that HWB does not employ the Healthcare Provider, nor is HWB employed by the Healthcare Provider. I understand that HWB is an international medical provider network facilitating Medical Services for Patients with contracted Healthcare Providers. HWB does not charge any Healthcare Provider to be listed on the HWB Healthcare Marketplace at HWBazaar.com. I understand that information provided by HWB is for educational and informational purposes only, and is not intended to be a substitute for a Healthcare Provider’s consultation. I understand that HWB is not responsible for the Medical Services provided by the Healthcare Provider and has no say in the treatment or results I receive from the Healthcare Provider.

RELEASE & INDEMNIFICATION OF HEALTH & WELLNESS BAZAAR

Therefore, and in any event, I hereby waive, remise, release and forever discharge HWB and its officers, directors, shareholders, servants, employees and agents, and the successors of and from every and any claim of any nature or kind whatsoever that I have, can, shall or may hereafter have, including, without limitation, claims, demands, damages, actions, causes of actions, costs and expenses arising out of or relating to my death, injury, loss or damage (such as disability, loss of capacity, pain and suffering, medical or surgical complication), howsoever caused, arising directly or indirectly out of or in connection with my travel to, from, or within Mexico, or any other City and Country of surgery, or any medical treatment and/or surgical procedures undergone by me.

I agree to save and indemnify HWB from and against every and any claim of any nature or kind whatsoever that any third party can, shall or may hereafter have against HWB including without limitation claims, demands, damages, actions, causes of actions, costs and expenses arising out of or relating to my death, injury, loss or damage (such as disability, loss of capacity, pain and suffering, medical or surgical complication), howsoever caused, arising directly or indirectly out of or in connection with my travel to, from, or within Mexico, or any other City and Country of surgery and/or any medical treatment and/or surgical procedures undergone by me.

AGREEMENT TO ARBITRATE

It is understood that any dispute that arises from services rendered by HWB, will be determined by submission to arbitration by law in the Country in which the services were rendered, before resorting to a lawsuit or any other court process. It is also understood that any dispute, including claims of medical malpractice, as well disputes as to whether or not a claim is subject to arbitration, will also be determined by submission to binding arbitration in accordance with law in the Country of which services were rendered.

VENUE AND GOVERNING LAW

In the event any dispute arises between me and the Healthcare Provider and/or HWB, then with respect to any litigation arising from such dispute, I (a) consent to submit to the exclusive personal jurisdiction of the courts of ordinary jurisdiction in the City and Country of which services are rendered regardless if their local is not within the United States (b) agree not to attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such courts, (c) agree not to bring any action relating to such dispute in any court other than a court of ordinary jurisdiction sitting in the City and Country of which services were rendered, (d) agree to submit any complaint in writing within thirty (30) days of becoming aware of any medical complication or issue. I hereby agree that any dispute arising out of the Healthcare Services shall be governed and construed in accordance with the laws of the Country in which services were rendered. Any dispute arising from the medical, clinical, or pharmaceutical practices provided in Mexico to me shall be interpreted and enforced in accordance with the laws and regulations of Mexico pertaining to that particular field of expertise. The venue for such dispute resolution shall be an appropriate court within Mexico where the Medical Services are provided.

Having read this form in its entirety, my signature below acknowledges that I agree with and understand all of the statements contained and set forth within this document. I am aware of the risks of the Medical Services, and fully understand and accept these risks. I further warrant that I desire to voluntarily obtain Medical Services provided by the Healthcare Provider in their offices that are not within the United States. I warrant that I have read and understand every provision contained in this Agreement.

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