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Terms of Service And Privacy Policy.

TERMS OF USE

Welcome to Look Again Doc, where we provide you with the ability to have access to a quick and easy, remote online quality second opinion from a board certified physician (“Second Opinion”). Before using the service, please review these terms and conditions (“Terms”) carefully. Your use of this service, including any request for or receipt of a Second Opinion, constitutes your acceptance of these terms and conditions. If you do not accept any of these Terms, you may not use this site or our services. We reserve the right, in our sole discretion, to modify these Terms at any time by updating this page. Your continued use of the site and services after such modifications are posted constitutes your acceptance of the Terms and agreement to be bound by all such modifications. You are responsible for reviewing these Terms on a regular basis.

PRIVACY STATEMENT / NOTICE OF PRIVACY PRACTICES

Please review our [Privacy Statement and Notice of Privacy Practices] for a description of how your personal information is collected, stored, used and shared as part of the services.

SITE ACCESS AND LICENSES
Look Again Doc grants you the limited right to access and use the site and services for your own personal use in accordance with these Terms. This right expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the site and/or services, any derivative of the site or services, and the collection and use of any personal or other information about other users of the site or services, of any kind. The above restrictions do not apply to your use of your Second Opinion report.

COPYRIGHT AND TRADEMARKS

All content found on our site and made available via the services, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (“Content”), in any form, including the compilation thereof, are protected by U.S. and international copyright laws and conventions and are the property of Look Again Doc and/or its licensors. Except as expressly provided in these Terms, any reproduction, directly or indirectly, of the Content, in whole or in part, by any means, is prohibited without the express written consent of Look Again Doc or the licensor.

SECURITY

The site and services use industry standard encryption and other software and require the use of a user name and password in order to utilize the services. This is designed to protect your information from disclosure to unauthorized third parties. While such security mechanisms are designed to protect your information, no system is 100% secure. When using our site and services, your information will be transmitted through the Internet, which is outside of our control. You are prohibited from violating, or attempting to violate, the security of the site and services. YOU HEREBY EXPRESSLY SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF OUR SITE OR SERVICES.

DIAGNOSTIC SERVICE

The service provided through this site is different from the diagnostic services typically provided by a physician. The physicians providing this service will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the physician may not be aware of facts or information that would affect their opinion of your diagnosis. In some cases, the facts may be critical to the opinion. TO REDUCE THE RISK TO YOU OF THIS LIMITATION, LOOK AGAIN DOC STRONGLY ENCOURAGES YOU TO DISCUSS THE SECOND OPINION WITH YOUR PHYSICIAN. BY SEEKING A SECOND OPINION FROM US, YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE AWARE OF THIS LIMITATION AND AGREE TO SOLELY ASSUME THE RISK OF THIS LIMITATION. Your use of the services and request for a Second Opinion is confirmation that you acknowledge and agree to assume the risks of the following limitations:  the diagnosis that you will receive is limited and provisional;  the Second Opinion is not intended to replace a full medical evaluation or a face-to-face visit with a physician;  the physician does not have important information that is usually obtained through a physical examination;  the absence of a physical examination may affect the physician’s ability to diagnose my condition, disease or injury;  no warranty or guarantee has been made to you concerning any particular result or cure of your condition.

LINKS TO THIRD PARTY SITES

This site contains links to websites operated by other parties. The presence of any third party link does not imply any endorsement of the company or the content on the website, but rather, are provided for your convenience only. We are not responsible for and do not control such websites. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for reviewing and complying with the terms and conditions of use and the privacy statements of such third party websites. NO WARRANTIES THIS SITE, THE SERVICES AND THE CONTENT ARE PROVIDED BY LOOK AGAIN DOC ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICES OR THE CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOOK AGAIN DOC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND/OR INFRINGEMENT. LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LOOK AGAIN DOC OR ITS LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, OR PUNITIVE DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT LOOK AGAIN DOC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE TOTAL CUMULATIVE LIABILITY OF LOOK AGAIN DOC AND ITS LICENSORS ARISING OUT OF THIS AGREEMENT, INCLUDING ANY TERMS INCORPORATED BY REFERENCE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU FOR THE APPLICABLE SECOND OPINION RELATED TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING SHALL NOT LIMIT YOUR OBLIGATION TO PAY ANY AMOUNTS DUE HEREUNDER. INDEMNITY You agree to indemnify, defend and hold Look Again Doc and its affiliates, employees, subsidiaries, contractors, officers and directors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with this site or the services.

CREDIT TRANSACTIONS

We do not accept payment in the form of cash, check, money order or insurance reimbursement. We only accept major credit cards, such as Visa, MasterCard and American Express. When you pay for any service through your credit card, you hereby authorize us to bill and charge the credit card indicated in your order, for any fees and/or any other amounts provided for in your order, as the same becomes due and payable and we shall debit the applicable amounts from your credit card. In the event that your credit card expires or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you immediately shall furnish, in writing, to us a valid credit card account number. Your request for services will not be fulfilled until full payment has been received and verified.

GENERAL

By using this site and/or the services, you agree that the laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws, will govern these Terms and any dispute that might arise between you and Look Again Doc. You expressly agree that exclusive jurisdiction for any dispute with Look Again Doc, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any claim involving Look Again Doc, its affiliates, employee, subsidiaries, contractors, officers and directors. Use of the site or the services is unauthorized in any jurisdiction that does not give effect to the Terms. Any information or material provided to Look Again Doc may be de-identified and used by Look Again Doc or SecondLook Corporation in any way as may be allowed by law. You agree that in sending any information to Look Again Doc, you have agreed to be bound by Look Again Doc’s privacy policies.

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TERMS OF USE

Welcome to LookAgainDoc, where we provide you with the ability to have access to a quick and easy, remote online quality second opinion from a board certified physician (“Second Opinion”). Before using the service, please review these terms and conditions (“Terms”) and our Privacy Statement carefully. Your use of this service, including any request for or receipt of a Second Opinion, constitutes your acceptance of these Terms, including without limitation, the arbitration, indemnity provisions and our Privacy Statement. If you do not agree to them, you may not use this site or our services. We reserve the right, in our sole discretion, to modify these Terms and our Privacy Statement at any time by updating this page. Your continued use of the site and services after such modifications are posted constitutes your acceptance of the Terms and agreement to be bound by all such modifications. You are responsible for reviewing these Terms on a regular basis.

PRIVACY STATEMENT / NOTICE OF PRIVACY PRACTICES

Please review our Privacy Statement and Notice of Privacy Practices for a description of how your personal information is collected, stored, used and shared as part of the services.

SITE ACCESS AND LICENSES

LookAgainDoc grants you the limited right to access and use the site and services for your own personal use in accordance with these Terms. This right expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the site and/or services, any derivative of the site or services, and the collection and use of any personal or other information about other users of the site or services, of any kind. The above restrictions do not apply to your use of your Second Opinion report.

COPYRIGHT AND TRADEMARKS

All content found on our site and made available via the services, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (“Content”), in any form, including the compilation thereof, are protected by U.S. and international copyright laws and conventions and are the property of LookAgainDoc and/or its licensors. Except as expressly provided in these Terms, any reproduction, directly or indirectly, of the Content, in whole or in part, by any means, is prohibited without the express written consent of LookAgainDoc or the licensor.

SECURITY

The site and services use industry standard encryption and other software and require the use of a user name and password in order to utilize the services. This is designed to protect your information from disclosure to unauthorized third parties. While such security mechanisms are designed to protect your information, no system is 100% secure. When using our site and services, your information will be transmitted through the Internet, which is outside of our control. You are prohibited from violating, or attempting to violate, the security of the site and services. YOU HEREBY EXPRESSLY SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF OUR SITE OR SERVICES.

DIAGNOSTIC SERVICE

The service provided through this site is different from the diagnostic services typically provided by a physician. The physicians providing this service will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the physician may not be aware of facts or information that would affect their opinion of your diagnosis. In some cases, the facts may be critical to the opinion. TO REDUCE THE RISK TO YOU OF THIS LIMITATION, LOOKAGAINDOC STRONGLY ENCOURAGES YOU TO DISCUSS THE SECOND OPINION WITH YOUR PHYSICIAN. BY SEEKING A SECOND OPINION FROM US, YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE AWARE OF THIS LIMITATION AND AGREE TO SOLELY ASSUME THE RISK OF THIS LIMITATION. Your use of the services and request for a Second Opinion is confirmation that you acknowledge and agree to assume the risks of the following limitations:

Your use of the services and request for a Second Opinion is confirmation that you acknowledge and agree to assume the risks of the following limitations:

  • the diagnosis that you will receive is limited and provisional
  • the Second Opinion is not intended to replace a full medical evaluation or a face-to-face visit with a physician
  • the physician does not have important information that is usually obtained through a physical examination
  • the absence of a physical examination may affect the physician’s ability to diagnose my condition, disease or injury
  • no warranty or guarantee has been made to you concerning any particular result or cure of your condition.

By using the service, you explicitly agree that any personal health information provided by you or generated through your use of the service is not considered Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You further agree not to provide to us and/or the service any health information and/or other information that you are not authorized to disclose.

LINKS TO THIRD PARTY SITES

This site contains links to websites operated by other parties. The presence of any third party link does not imply any endorsement of the company or the content on the website, but rather, are provided for your convenience only. We are not responsible for and do not control such websites. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for reviewing and complying with the terms and conditions of use and the privacy statements of such third party websites.

NO WARRANTIES

THIS SITE, THE SERVICES AND THE CONTENT ARE PROVIDED BY LOOKAGAINDOC ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICES OR THE CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOOKAGAINDOC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE AND/OR INFRINGEMENT.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LOOKAGAINDOC OR ITS LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, OR PUNITIVE DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT LOOKAGAINDOC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE TOTAL CUMULATIVE LIABILITY OF LOOKAGAINDOC AND ITS LICENSORS ARISING OUT OF THIS AGREEMENT, INCLUDING ANY TERMS INCORPORATED BY REFERENCE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU FOR THE APPLICABLE SECOND OPINION RELATED TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING SHALL NOT LIMIT YOUR OBLIGATION TO PAY ANY AMOUNTS DUE HEREUNDER.

INDEMNITY

You agree to indemnify, defend and hold LookAgainDoc and its affiliates, employees, subsidiaries, contractors, officers and directors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with this site or the services.

CREDIT TRANSACTIONS

We do not accept payment in the form of cash, check, money order or insurance reimbursement. We only accept major credit cards, such as Visa, MasterCard and American Express. When you pay for any service through your credit card, you hereby authorize us to bill and charge the credit card indicated in your order, for any fees and/or any other amounts provided for in your order, as the same becomes due and payable and we shall debit the applicable amounts from your credit card. In the event that your credit card expires or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you immediately shall furnish, in writing, to us a valid credit card account number. Your request for services will not be fulfilled until full payment has been received and verified.

DISPUTE RESOLUTION

YOU AND LOOKAGAINDOC AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THESE TERMS MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN THE COMMONWEALTH OF MASSACHUSETTS, AS ADMINISTERED BY JAMS UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND LOOKAGAINDOC AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN COMMONWEALTH OF MASSACHUSETTS FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT LOOKAGAINDOC SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST-EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE THE ADR PROVIDER AND THE PARTIES MUST COMPLY WITH THE FOLLOWING RULES: (A) 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 SHALL BE FINAL AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
YOU AGREE THAT YOU AND LOOKAGAINDOC ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS OTHERWISE AGREED, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

GENERAL

By using this site and/or the services, you agree that the laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws, will govern these Terms and any dispute that might arise between you and LookAgainDoc. Except for disputes subject to arbitration as described above, you expressly agree that exclusive jurisdiction for any dispute with LookAgainDoc, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any claim involving LookAgainDoc, its affiliates, employee, subsidiaries, contractors, officers and directors. Use of the site or the services is unauthorized in any jurisdiction that does not give effect to the Terms. Where permitted by law, you and LookAgainDoc agree that any cause of action arising out of or related to the services or in connection with these Terms must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. If any provision of these Terms are found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court should endeavor to give the effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.

Any information or material provided to LookAgainDoc may be de-identified and used by LookAgainDoc or SecondLook Corporation in any way as may be allowed by law. You agree that in sending any information to LookAgainDoc, you have agreed to be bound by LookAgainDoc'’'s privacy policies.

REFUND POLICY

All transactions processed through LookAgainDoc are final. If you have a dispute regarding your case or transaction please contact us for additional assistance.

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