Terms & Conditions

Medi Group, Inc.

1. Introduction

  1. Generally
    1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “customer,” or “client”) and MezoCare, Inc (“MezoCare,” “Mezocare,” “Medi Group,” “we,” “us,” or “our” and its affiliates), concerning your access to and use of Mezo Care’s website (www.mezocare.com), mobile application, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site“). You agree that by accessing the Site, setting up your Mezo Care account, or using Mezo Care that you have read, understood, and agreed to be bound by all these Terms and Conditions.
    2. If You Do Not Agree With All Of These Terms and Conditions, Then You Are Expressly Prohibited From Using The Site And You Must Discontinue Use Immediately. By Using Our Site or Otherwise Indicating Your Acceptance (For Example, By Agreeing When Creating Or Logging Into Your Account, Clicking “I Agree,” Etc.), You Represent And Warrant That You Have Read, Understand, And Agree To Be Bound By These Terms.
  2. Terms Used Throughout this Document
    1. “User”:
      1. Means any individual or entity who registers, downloads, accesses, or in any way uses the Site.
        1. These Terms and Conditions apply whether you are a user that registers an account with Mezo Care or an unregistered user. You agree that by clicking “Sign Up” (or a similar button) or otherwise registering, downloading, accessing, or using the Site, you are entering into a legally binding agreement between you and Mezo Care regarding your use of the Site.
    2. Add to,” “Adding to,” “Use,” and “Using” (when referring to the Site or User Content on the Site):
      1. Mean to create, submit, post, transmit, upload, perform, publish, distribute, broadcast, store, add, or otherwise display.
    3. “Content”:
      1. Means anything that could be added to the Site; and includes, but is not limited to:
        1. Written Content”:
          1. Which is anything that can be written or typed including, but not limited to messages, text, chat, and commentary.
        2. Audio-Visual Content”:
          1. Which is anything that you can see or hear including, but not limited to audio, sound, and images;
          2. Which also includes any Written Content contained therein
          3. Can be streaming live or pre-recorded;
        3. Meta Content”:
          1. Which includes, but is not limited to code, data, metadata, applications, and other materials included in other content or that can be derived from other content.
          2. Includes your interactions with the Site.
    4. User Content”:
      1. Means any content you add to the Site; and
    5. Providers”:
      1. Includes the following:
        1. Service Providers”:
          1. Which are medical or treatment centers, clinics, doctors, and other contractors to which we connect you for medical services or assistance with medical services.
        2. Logistics Providers”:
          1. Which are hotels, lodging services, airlines, or other providers to which we connect you for travel, lodging, or logistical services.
        3. Third-Party Providers”:
          1. Which are companies that handle bookings and logistics on your behalf such as Kiwi.com and Expedia.com.
    6. Fees”:
      1. Means, generally, either of the following fees:
        1. Service Fee”:
          1. This is the fee we take for connecting you with a Service Provider or Logistics Provider.
        2. Referral Fee”:
          1. This is the fee we receive for connecting you with a Third-Party Provider.
  3. No Medical Advice
    1. The content is for educational/informational purposes only and is not a substitute for medical advice, diagnosis, or treatment provided by a qualified health care provider. Any communication between you and health care providers on the Site (including any responses by health care providers to questions posted on the Site or through any feature available on the Site) is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information (including any links to third party websites containing any information about health care providers) or Content provided on the Site, whether or not it is provided by a health care provider, is solely at your own risk. You should always seek the advice of your health care provider for any questions you may have about your own medical condition.
  4. Arbitration Notice
    1. ARBITRATION NOTICE: These Terms contain provisions governing how claims that you and Mezo Care have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and Mezo Care to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described below:
      1. You may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and
      2. You waive your right to seek relief in a court of law and to have a jury trial on your claims.
  5. Updated Terms and Conditions
    1. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
  6. Purposes not Intended
    1. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
    2. The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
  7. Incorporated Sections
    1. The following sections are incorporated into these Terms and Conditions as if they were laid out here in full. When a clause refers to the “Terms and Conditions” (or a similar term), the clause shall refer to the following sections as well:
      1. “Community Guidelines;”
      2. “Cancellation and Refund Policy;”
      3. “Privacy Policy;”
        1. We care about data privacy and security. Please review our Privacy Policy by clicking on the link provided on our Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
      4. Any other supplemental terms and conditions or documents that may be posted on the Site from time to time; and
      5. Any terms and conditions specific to a user type as indicated in these Terms and Conditions.

2. Our Services

  1. Generally
    1. WE ARE NOT A MEDICAL SERVICE PROVIDER. We provide logistical support for those seeking medical services. To that end, on our website, you can:

      1. Find information about medical services and doctors or clinics that provide them. We also connect clients to Service Providers and facilitate contact with the clients. WE DO NOT OFFER MEDICAL ADVICE OF ANY KIND.
      2. Arrange travel, lodging, and other logistics for treatment (“Travel Services”), often through a “Travel Provider” who is the travel supplier making available the Travel Services to you through our Service;
      3. Find information about coordinators who can provide information about service providers and services;
      4. Pay for travel, lodging, other logistics, and services with a service provider;
    2. We do not assign users to a specific service provider but provide options of providers. We do our best to help you find the best option based on your language, country, medical need, financial preferences, and other circumstances. In addition, we connect clients with support to help facilitate communication with service providers, help with visit arrangements for medical services, and provide support even after returning home. During your interaction with the Website, you are supported by our coordinators, who are logistic specialists. We do not provide medical advice of any kind. By operating this website, Mezo Care cannot be deemed to be engaged in the practice of medicine. The use of the site does not establish a doctor-patient relationship. The user should not solicit or rely upon any representations or recommendations of any member of Mezo Care with regard to any medical issue.

      1. We are not a service provider’s representative and does not guarantee the quality of their services and specialization. We are not an intermediary between the patient and service providers, nor do we provide medical services ourselves. Any information on the Website is not medical advice and cannot be used as a guide to action. We cooperate with the service providers under relevant agreements.
      2. Mezo Care does not make any representations or warranties regarding the Service Providers or medical Services and has no responsibility, liability, or obligation of any kind for the accuracy, completeness, or other aspects of the information provided by the service provider, whether on the Site or otherwise, or for the relationship between you and the service provider you select.
      3. If you decide to engage a provider to provide services to you, you do so at your own risk. In this regard, you should note that certain providers listed on this Website are located in jurisdictions where insurance is not available or mandatory in respect of the medical services they offer. We would recommend that you undertake your own research into any provider listed on the Site and that you should consult with your doctor or primary healthcare provider before engaging any provider from this Site. You should be aware that the results of any search you perform on the Site for providers should not be construed as an endorsement by us of any particular provider or constituting any comparative ranking of any provider unless specifically stated.
      4. Our goal is to provide the most objective information and help users get the best solution to their medical issues. The information that you see on the Website is obtained directly from service providers, or we collect from reliable, in our opinion, open sources. We try to provide accurate and up-to-date information, but we cannot guarantee it. Certain treatments and pharmaceuticals displayed on the Site may be prohibited in certain countries. We remind you that you are solely responsible for complying with the laws that apply to you. Those who do access this Site from other countries are solely responsible for compliance with the laws of such state or country.
      5. This site is not intended to dictate what constitutes reasonable, appropriate, or best care for any health issue nor does it serve as substitute for the judgment of a qualified physician. If the user has or suspects that the user may have a medical condition or that the user is a candidate for any of the medical treatments mentioned in this Site, please seek the advice of a trained and qualified medical practitioner.
      6. While Mezo Care has no reason to believe that there are inaccuracies or defects in any of the information published on the website, it makes no representations or warranties, express or implied, including but not limited to the fitness of the information for any purpose whatsoever. The site is provided on an “as is” or “as available basis” and the user uses the same entirely at the user’s own risk. In providing the information to the user, no contractual obligation is or has been constituted between the user and Mezo Care and no duty of care is owed to the former. If any court of competent jurisdiction rules that Mezo Care owes a duty of care to the user, Mezo Care will not be liable for any direct or indirect consequences, loss, damages or injury arising from use of this information, unless there is a direct negligence or fault on the part of Mezo Care.
    3. Mezo Care expressly disclaims any and all responsibility and liability with respect to separate agreements you may make with service providers or other third parties and you will look solely to such persons and/or entities with respect to any and all claims arising out of such agreements. Further, we do not represent or warrant that the site or the content available on the site will assist you in finding a suitable health care provider or for any other purpose. You understand and agree that your use of the site is entirely at your own risk. While we take reasonable physical, technical and administrative measures to secure our site, we do not guarantee that the our site cannot be compromised.

  2. Contracts
    1. All offers by us shall be non-binding. A contract shall only be binding when the contract form has been signed (or accepted electronically) or the price invoiced to the Customer has been paid. Binding agreements on deadlines for the start of treatment shall only be made after the Contract has been concluded between you and the provider.
    2. The contract-related communication shall usually be by email or via our website in unencrypted form, and the Customer hereby agrees. The Customer shall inform us immediately of any changes to the email address and shall be responsible for regularly monitoring their email inbox.
    3. The Treatment Contract shall only be concluded directly between the Customer and the Service Provider.
  3. Prices and Deposit Payment Terms
    1. Unless otherwise agreed, the prices specified by us shall be package prices. The package prices offered include all services listed in the respective offer, including all consulting and related service costs. All prices indicated on our website shall be non-binding.
    2. You acknowledge that the nature of the Medical Services that you may require can only be determined by the Service Provider after a consultation, and any list of services or requests for services made through the Site, and any quotes for the fees charged for such Medical Services, are merely quotations and estimates and may not reflect the actual services provided or amounts charged. You should always request an estimate directly from the Service Provider prior to having the Service Provider commencing any work. It is solely up to you to determine whether any Medical insurance plan you have will apply to the Medical Services and what requirements there may be to utilize such insurance in connection with the Medical Services.
    3. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and we are not responsible for any such fees and disclaim all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
    4. You accept that payments to us may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
    5. You may be asked to provide billing information such as name, billing address, and financial instrument information either to us or third-party payment processor(s). You authorize to collect and store your payment method information.
    6. Time of payment: Once You receive a quote and agree to the information presented, you can book this treatment with the payment of any required Fee. The Fee is due immediately and the presented information in the quote is only valid for seven days.
    7. Authorization of payment: You authorize Us to collect from You amounts due pursuant to these Payment Terms and/or the Terms. Specifically, you authorize Us to collect from you:
      1. The Fees defined above; and
      2. Taxes including any VAT where applicable.
    8. Payment Errors: We will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original pay out method or payment method used or selected by You, so that You end up receiving or paying the correct amount. This may be performed by Us or a third party such as Your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to You due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future pay outs owed to You.
    9. To the extent You receive any funds in error, you agree to immediately return such funds to us.
  4. Termination or Withdrawal
    1. Client has the right to terminate the contract concluded with Mezo Care if Mezo Care culpably fails to fulfill contractual services. Before issuing a notice of termination, Mezo Care shall be given a reasonable period of time to fulfill its contractual obligations. In the event of termination for a good cause, the amount of money already paid shall be refunded.
    2. Client has the right to withdraw from the contract with Mezo Care before the start of travel or treatment (whichever comes first) for a good cause. A good cause shall be, for example, a significant deterioration in the state of health or the rejection of a visa application through no fault of your own. The declaration of withdrawal shall be made in text form. At the request of Mezo Care, proof of the existence of an important reason for contract withdrawal shall be submitted. In the event of visa refusal, a remonstration process shall be initiated. A visa refusal shall be considered the Client’s fault if the authorities express their justified suspicion that the Client is not willing to return to their native country after the completion of treatment.
    3. If the Client effectively withdraws from the contract before the start of any part of the services agreed to, Mezo Care loses the right to receive its contractually agreed remuneration. Instead, insofar as Mezo Care is not responsible for the contract withdrawal or in the event of unavoidable, extraordinary circumstances, Mezo Care may claim to receive an appropriate compensation for the services and expenses incurred up until the withdrawal. We reserve the right to recover all expenses we incur. As for the Fees we charge, Mezo Care has staggered this claim for compensation over time, i.e., based on the proximity of the time of contract withdrawal to the contractually agreed start of travel or medical procedure (i.e., “date of your appointment) as a percentage rate of the Fee.
    4. Refund Process
      1. Request Submission:
        1. Clients must submit a written request for cancellation to support@mezocare.com.
        2. The request should include the reason for cancellation and any supporting documentation if applicable.
      2. Processing Time:
        1. Refunds will be processed within 14 business days of receiving the cancellation request and necessary documentation.
      3. Refund Method:
        1. Refunds will be issued to the original payment method used at the time of booking.
      4. Notification:
        1. Clients will receive a confirmation email once the refund has been processed.
    5. If you cancel a reservation with one of our Service Providers, we will refund the following percentage of the Service Fee we receive or are scheduled to receive (whichever is higher) for referring you for your treatment:
      1. More than 30 days prior to the date of your appointment: 80%;
      2. 29 to 15 days prior to the date of your appointment: 70%;
      3. 7 to 14 days prior to the date of your appointment: 60%;
      4. 3 to 6 days prior to the date of your appointment: 50%;
      5. 2 days prior to the date of your appointment: 40%.
    6. If you cancel a reservation with one of our logistics providers, the following charges apply:
      1. A reservation can be canceled up to five days before the scheduled date of your arrival free of charge.
      2. If you cancel between two and four days prior to the scheduled date of your arrival, you will be charged 50% of the total price of your reservation.
      3. If you cancel the day before your scheduled arrival, you will be charged 100% of the total price of your reservation.
    7. If you cancel a reservation with one of our third-party providers, you are subject to their terms and conditions of cancelation. We may collect from you, at our discretion, any Referral Fee we would have been entitled to but for your cancellation.
    8. Mezo Care reserves the right to claim to receive a bigger specific compensation instead of the above flat rates, provided it can prove that higher expenses than the applicable flat rate have been incurred. In this case, Mezo Care shall specifically calculate and substantiate the requested compensation, taking into account the expenses saved and any other use of the travel services.
  5. Clinic Selection
    1. We receive requests from clinics to add information about them to the Website. We carefully check each piece to comply with our criteria to provide you with only the best options. During the clinics’ selection, we take into account:
      1. The doctors’ qualifications:
        1. education and special training programs,
        2. work experience,
        3. licenses and certificates,
        4. membership in professional associations and international communities including, but not limited to:
          1. Consejo Mexicano de Oftalmología, A.C,
          2. American Academy of Ophthalmology,
          3. American Ophthalmological Society,
          4. Pan-American Association of Ophthalmology,
          5. Consejo Mexicano de Ginecología y Obstetricia, A.C.,
          6. American College of Obstetricians and Gynecologists,
          7. International Federation of Gynecologists and Obstetrics,
          8. Consejo Mexicano de Cirugía Plástica, Estética y Reconstructiva, A.C.,
          9. American Society of Plastic Surgeons,
          10. American Association of Plastic Surgeons,
          11. International Society of Plastic Surgeons,
          12. Consejo Mexicano de Ortopedia y Traumatología, A.C.,
          13. AO Trauma, Orthopaedic Trauma Association,
          14. The International Society of Arthroscopy, Knee Surgery and Orthopaedic Sports Medicine,
          15. American Academy of Orthopaedic Surgeons,
          16. Colegio Mexicano de Traumatología y Ortopedia;
        5. internships and qualification’s improvement in clinics abroad;
        6. scientific activity – studies, publications, specialized events’ participation;
        7. awards and grants;
      2. Clinic’s level:
        1. international treatment protocols compliance;
        2. accreditation from reputable international organizations in the healthcare sphere including, but not limited to:
          1. Programa Nacional de Certificación de Hospitales,
          2. Joint Commission International,
          3. International Organization for Standardization,
          4. Healthcare Information and Management Systems Society,
          5. National Integrated Accreditation for Healthcare, Occupational Health and Safety Assessment Series 18001;
        3. certificates from independent audit companies and rating agencies including, but not limited to:
          1. Becker’s Hospital Reviews,
          2. SCIMAGO Institutions Rankings,
          3. Funsalud,
          4. Blutitude,
          5. Expansión,
          6. Global Health Inteligence,
          7. HR Ratings;
      3. Clinic’s material and technical base:
        1. modern, the most efficient and safe equipment,
        2. own laboratories,
        3. the newest materials’ use (prostheses, implants, etc.),
        4. the innovative treatments’ availability,
        5. clinical studies’ participation,
        6. the training centers’ availability;
      4. The speed of the medical center’s response to patient requests;
      5. Service level for foreign patients:
        1. availability of a special medical coordinator, translator;
        2. transfer;
        3. accommodation in partner hotels at special prices;
        4. visa obtaining assistance, etc.;
      6. The patients’ opinion about treatment in the clinic on its website, and in the public domain on third-party review sites.

3. Users

  1. Eligibility
    1. Users are eligible to use the Site if and only if:
      1. They are not under the age of 18;
      2. They have not previously been removed from the Site by Mezo Care
      3. They are not barred from using the Site under the laws of the United States (such as its export and re-export restrictions and regulations), Mexico, or applicable laws in any other jurisdiction.
    2. If you are between the ages of 13 and the greater of 18 years old and the age of legal majority in your jurisdiction of residence, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
    3. BY USING THE SITE you agree that you are eligible to use the Site.
    4. You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
      1. Mezo Care may permit you to register for and log on to Mezo Care via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Mezo Care collects, uses, and discloses your personal information when you link your Mezo Care account with your account on any third-party service can be found in our Privacy Policy.
    5. Access to the Mezo Care may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing Mezo Care.
    6. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  2. Your License to use the Site
    1. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site in accordance with these Terms and Conditions.
    2. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these Terms and Conditions.
    3. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
      1. The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
      2. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
      3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
      4. You represent and warrant that:
        1. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and
        2. You are not listed on any U.S. government list of prohibited or restricted parties;
      5. You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
      6. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
  3. We reserve the right, but not the obligation, to:
    1. Monitor the Site for violations of these Terms and Conditions;
    2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
    3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
    4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
    5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
  4. These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
  5. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
  6. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
  7. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

4. Prohibited and Required Conduct

  1. Generally
    1. BY USING THE SITE you agree:
      1. That you will not engage in any activity that is prohibited or restricted by these Terms and Conditions;
      2. That the representations you make in these Terms and Conditions are true; and
      3. That you give and guarantee all of the warranties made in these Terms and Conditions.
    2. Mezo Care reserves all rights and remedies against any users who breach these representations and warranties.
    3. You may not access or use the Site or User Content for any purpose other than that for which we make the Site and the User Content available;
    4. When engaging an activity is prohibited, soliciting another to engage in that activity, or fulfilling any request to engage in that activity, is also prohibited;
    5. For clarity, your use of the Site or User Content includes use anywhere (on our Site or otherwise).
  2. Account Information
    1. To use the Website’s full functionality, you need to register a personal account by applying through the Website. You can create an Account to better communicate with us. You are responsible for its use and safety.
    2. By using your Account, you can:
      1. provide and correct your personal data;
      2. choose a treatment program with one of the service providers;
      3. pay a deposit for an appointment you made;
      4. make reviews and comments on reviews.
      5. Find out more about how we process personal data in our Privacy Notice.
    3. Your account is yours and yours alone. You may not:
      1. Sell, rent, lease, share, transfer, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account unless expressly permitted in writing by an authorized representative of Mezo Care.
        1. Mezo Care reserves all available legal rights and remedies to prevent unauthorized use of Mezo Care, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use;
      2. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from an authorized representative of Mezo Care;
    4. You represent and warrant that:
      1. You will not engage in any of the activity prohibited in this subsection (“Account Information”);
      2. All registration information you submit will be true, accurate, current, and complete;
        1. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
        2. This includes information provided to a third-party website you use to register with our Site.
      3. You will maintain the accuracy of such information and promptly update such registration information as necessary;
      4. You have the legal capacity and you agree to comply with these Terms and Conditions;
      5. You are not a minor in the jurisdiction in which you reside;
  3. Technology
    1. We’re always working to build a site that provides a great user experience; as such, you may not:
      1. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
      2. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
      3. Add to the Site any viruses, adware, spyware, worms, or other harmful or malicious code;
      4. Engage in any automated use of the Site, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
      5. Use the Site (or attempt to use the Site) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
      6. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
      7. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
      8. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
      9. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
      10. Use on the Site any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software (except as may be the result of standard search engine or Internet browser usage);
      11. Use our content for machine learning and artificial intelligence (AI) systems, without prior written consent.
    2. You represent and warrant that:
      1. You will not engage in any activity prohibited in this subsection (“Tech”);
      2. You will not otherwise violate, or link to material that violates, any provision of these Terms and Regulations, or any applicable law, or regulation.
  4. Personal Conduct
    1. You may not:
      1. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
      2. Disparage, tarnish, ridicule, mock, disparage, intimidate, abuse or otherwise harm, in our opinion, anyone and/or the Site;
      3. Harass or threaten (in the legal sense of those terms) any other person or promote violence against a specific person or class of people;
      4. Make or use the site any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
      5. Use the Site anything obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us) material;
      6. Use any information obtained from the Site in order to harass, abuse, or harm another person;
      7. Make improper use of our support services or submit false reports of abuse or misconduct;
      8. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws prohibiting child pornography and those governing intellectual property and other proprietary rights, data protection, and privacy;
      9. Attempt to impersonate another user or person or use the username of another user;
      10. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
      11. Use the Site any pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
      12. Solicit personal information from anyone under the age of 18 or exploit people under the age of 18 in a sexual or violent manner;
      13. Add to the Site any User Content containing child pornography.
    2. You represent and warrant that:
      1. You will not engage in any of the activity prohibited in this subsection (“Personal Conduct”);
      2. You will not use the Site for any illegal or unauthorized purpose;
      3. Your use of the Site will not violate any applicable law or regulation.
  5. Commerce
    1. We’re all for building a business, but you may not:
      1. Use the Site to advertise or offer to sell goods and services without written permission from an authorized representative of Mezo Care;
      2. Attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
      3. Engage in unauthorized framing of or linking to the Site;
      4. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise except those that are specifically endorsed or approved in writing by an authorized representative of Mezo Care ;
      5. Use a buying agent or purchasing agent to make purchases on the Site.
    2. You represent and warrant that:
      1. You will not engage in any of the activity prohibited in this subsection (“Commerce”);
  6. User Content
    1. You are solely responsible for your User Content and the consequences of posting or publishing it. You may not:
      1. Delete the copyright or other proprietary rights notice from any Content;
      2. Violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or “droit moral,” or other legal rights of any other User or third party.
    2. You represent and warrant that:
      1. You will not engage in any of the activity prohibited in this subsection (“User Content”);
      2. You are the creator or own or control all right in and to the User Content you add to the Site or otherwise have sufficient rights and authority to grant the rights granted herein;
      3. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use the User Content you add to the Site in any manner contemplated by the Site and these Terms of and Conditions;
      4. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions;
      5. Your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Mezo Care or third parties unless you have received prior written authorization from an authorized representative.
      6. You have obtained the appropriate consents and/or licenses for your use of the name, identity, likeness, and voice (or other biographical information) of third parties contained in User Content you use the site, and that Mezo Care and its sub-licensees are allowed to use them to the extent indicated in these Terms and Conditions;
      7. Your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Mezo Care, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through Mezo Care, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Mezo Care, are solely responsible for any endorsements or testimonials you make regarding any product or service through Mezo Care.
    3. We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

5. Intellectual Property

  1. Site Content
    1. Unless otherwise indicated, the Site is our proprietary property and we or our licensors own all right, title, and interest in and to the “look and feel” of our Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, ideas, processes, data, text, media, HTML/CSS, JavaScript, visual design elements, graphics, and other content on the Site (collectively, the “Content“) and the trademarks, service marks, and logos contained therein (the “Marks“) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, Mexico, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
    2. Mezo Care desires to avoid the possibility of misunderstandings if a project developed by us, our employees, or our contractors might seem similar to material submitted to us by you or a third party. To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Mezo Care has no obligation (including of confidentiality or privacy) with respect to your Feedback. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
    3. You hereby waive any and all moral rights or “droit moral” that you may have in User Content or Feedback, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the User Content or Feedback.
  2. Mezo Care’s License to User Content
    1. Unless otherwise agreed to in writing to you by Mezo Care and signed by an authorized representative of Mezo Care, if you add User Content to the Site, you grant Mezo Care and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
    2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Content, and you warrant that moral rights have not otherwise been asserted in your User Content.
    3. Unless stated otherwise in these Terms and Conditions, we do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content provided by you in any area on the Site. You are solely responsible for your User Content added to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.
    4. This license will apply to the name, identity, likeness, and voice (or other biographical information) that you add to the Site in connection with such User Content.
    5. We have the right, in our sole and absolute discretion, to:
      1. Edit, redact, or otherwise change any Contributions;
      2. Re-categorize any Contributions to place them in more appropriate locations on the Site;
      3. Pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
    6. With respect to User Content that is Audio Visual Content, the rights granted by you hereunder terminate once you delete such Audio Visual Content from Mezo Care, or generally by closing your account, except:
      1. To the extent you shared it with others on or off the Site and others copied or stored portions of it (e.g., made a Clip);
      2. For purposes of dispute resolution, enforcement of agreements, complying with legal requirements, recordkeeping, backup, and document retention;
      3. Mezo Care used it for promotional purposes;
      4. To the extent Mezo Care collected and used Meta Content or other information contained within the Audio Visual Content;
  3. Mezo Care’s Obligations
    1. Mezo Care uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Mezo Care does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Mezo Care shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Mezo Care which for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY MEZO CARE HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
    2. To the extent permitted by applicable law, Mezo Care takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Mezo Care liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Site. Your use of the Site is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
    3. Mezo Care is not liable for any statements or representations included in User Content. Mezo Care does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Mezo Care expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Mezo Care reserves the right to remove, screen, or edit any User Content posted or stored on the Mezo Care Services at any time and without notice, including where such User Content violates these Terms and Conditions or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
  4. Investigations and Review
    1. You acknowledge and agree that we are not obligated to monitor access to or use of our Site by you or third parties (including monitoring any User Content), but we have the right to do so to operate our Site; enforce this Policy or our Terms and Conditions; or comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.
    2. We may accept, reject, or remove User Content in our sole discretion. We have absolutely no obligation to screen User Content or to delete User Content, even if anyone considers User Content objectionable or inaccurate. User Content is not endorsed by us, and we do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any User Content or for any claims, liabilities, or losses resulting from any User Content.
  5. Digital Millennium Copyright Act Notice
    1. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances as determined by us in our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
    2. We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
      1. Your address, telephone number, and email address;
      2. A description of the work that you claim is being infringed;
      3. A description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
      4. A statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
      5. An electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
      6. A statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
    3. Copyright Agent:
      Mezo Care Group, Inc
      support@mezo.care
      (Please include a subject line of “Copyright Action”)
    4. If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.

6. Legal

  1. Choice of Law
    1. These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
  2. Indemnification
    1. You agree to indemnify and hold harmless MezoCare and the MezoCare Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with:
      1. Your Submissions or any other Content you post or submit to or through the Site;
      2. Your use of the Site;
      3. Your conduct in connection with the Site or with other users of the Site; and
      4. Any violation of these Terms, any other MezoCare policy or of any law or the rights of any third party.
    2. Any dispute, claim or controversy arising out of or relating to these Terms, MezoCare or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration or in small claims court.
    3. If you elect to seek arbitration or file an action in small claims court, you must first send a written Notice of your claim (“Notice”) to us at the address below. Your Notice must describe the nature and basis of your claim and set forth the specific relief you are seeking. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MezoCare may commence an arbitration proceeding or file a claim in small claims court.
    4. Any such Notice must be submitted to us within one (1) year after the claim at issue arose; otherwise, to the maximum extent permitted by law, the claim is permanently barred.
    5. Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
    6. You also agree that MezoCare may bring suit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Site, or any infringement or other misuse of intellectual property rights.
    7. Your Notices to Us
      1. You may contact us by e-mail or postal mail. Your notices to us must be addressed as stated in the support@mezo.care or by postal mail at the following address:
        1. 845 CARNELIAN CIR
          CARNELIAN BAY, CA 96140
      2. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
      3. User Content you add to the Site;
      4. Use of the Site
      5. Breach of these Terms and Conditions;
      6. Any breach of your representations and warranties set forth in these Terms and Conditions;
      7. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
      8. Any overt harmful act toward any other user of the Site with whom you connected via the Site.
    8. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. You agree not to participate in any claim or action against us related to any right which you at any point in time held, asserted, or controlled or which you currently hold, assert, or control.
    9. Specifically, and importantly, you agree not to commence litigation against us or to the extent allowed by law, name us in any litigation resulting from or related to your treatment with a service provider. While we may facilitate payment from you to the service provider (or ask you to use a third-party provider for that purpose), and we may take a fee for doing so, your contract for medical services is specifically between you and the service provider. You agree to hold us harmless in the event of any injury or claim for malpractice you have a result of your medical procedure. Indeed, you agree to indemnify us fully in any litigation related to your medical procedure. You agree that Mezo Care will not be liable for any direct or indirect consequences, loss, damages, or injury arising from medical services provided by a service provider.
  3. Travel and Lodging
    1. We own and operate our Service and the Travel Providers provide the Travel Services to you.
    2. To the maximum extent permitted by law, we will not be liable for:
      1. Any such Travel Services that the Travel Providers make available to you;
      2. For the acts, errors, omissions, representations, warranties or negligence of any such Travel Providers, or
      3. For any personal injuries, death, property damage or other damages or expenses resulting from the above.
    3. The Travel Providers provide us with information describing the Travel Services. This information includes Travel Service details, photos, rates and the relevant Rules and Restrictions, etc. We display this information through our Service. The Travel Providers are responsible for ensuring that such information is accurate, complete and up to date. We will not be liable for any inaccuracies in such information, unless and only if we directly caused such inaccuracies (and this also includes property ratings which are intended as guidance only and may not be an official rating). We make no guarantees about the availability of specific Travel Services.
    4. Photos and illustrations on our Service are provided as a guide to show you the level and type of accommodation only.
    5. To the maximum extent permitted by law, except as expressly set out in these Terms:
      1. All information, software, or Travel Services displayed through our Service are provided without any warranty or condition of any kind. This includes, but is not limited to, any implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title or non-infringement, and
      2. We disclaim all such warranties and conditions.
    6. The display of Travel Services through our Service is not an endorsement or recommendation of such Travel Services by us.
    7. To the maximum extent permitted by law and subject to the limitations in these Terms, and whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages, we will not be liable for any direct, indirect, punitive, special, incidental or consequential losses
      1. The Travel Services,
      2. The use of our Service,
      3. Any delay or inability to use our Service, or
      4. Your use of links from our Service.
    8. If we are found liable for any loss or damage under these Terms, then, to the maximum extent permitted by law, we shall only be liable to you for direct damages that were:
      1. Reasonably foreseeable by both you and us (or our Partners as applicable),
      2. Actually suffered or incurred by you, and
      3. Directly attributable to our actions (or the actions of our Partners as applicable).
    9. In the event of any liability to us, such liability will in no event exceed, in total, the greater of:
      1. the cost paid by you for the Travel Services in question or
      2. One-hundred dollars (US$100.00) or the equivalent in local currency.
    10. This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us.
    11. Every instance of force majeure, including the interruption of means of communication or a strike (by airlines, properties or air traffic controllers, as applicable), will lead to the suspension of the obligations in these Terms that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations.
  4. Flight Terms and Conditions
    1. You understand and agree that:
      1. Airlines ultimately control their schedules, and they may change or cancel your flight for a variety of reasons (for example, mechanical problems or adverse weather, etc.). Whenever the airline gives us information about a change or cancellation to your itinerary, we will pass it on to you and help you assess your options. You should always check the scheduled departure time of your flight before travel
      2. Airlines control seating and we do not guarantee the availability of specific seats, even when pre-booked
      3. If you book a roundtrip flight and do not use the outward flight, the airline may cancel the return flight without refund
      4. For special or charter flights, the airline, the flight schedule, the aircraft type, the itinerary and possible stops are given as an indication only. These specifics may be subject to change even after confirmation – please check the relevant Rules and Restrictions before booking
      5. Some airlines impose extra charges for meals, luggage and preferred seat selection, etc. Unless we provide such optional services for booking through our Service then any reference about these extra optional services and related charges shown through our Service is for information only and may be updated by airlines at any time. Where we provide the option for you to book such extras through our Service, then the price of such optional extras will be displayed to you and after selection by you, added to your price
      6. You must follow the relevant Rules and Restrictions on the carriage of children. Children older than 2 on the return date must have a return ticket at a child fare for both the outbound and inbound flights. You will not be eligible for a refund of any seat charges incurred during travel if you do not comply. Children aged under 2 will not be allocated their own seat unless a child fare is booked for them. Unaccompanied children under 14 will only be allowed to fly in line with the relevant Rules and Restrictions
      7. The carriage of hazardous materials aboard aircraft in your luggage or on you is generally forbidden.
      8. Flights booked with one airline are sometimes operated by another airline. When different, details of the operating airline are shown through our Service. The airline that issues your ticket will charge you for your flight and will appear on your payment method statement.
      9. Law, treaties and the airline’s own Rules and Restrictions normally limit an airline’s liability for death, personal injury and other damages.
  5. Arbitration
    1. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
    2. Mezo Care will evenly split the cost of arbitration subject to the applicable AAA rules and applicable law. If a court finds any portion of the costs paid by a party to the arbitration other than Mezo Care to be prohibitive, Mezo Care retains the right to pay those costs in order to continue the arbitration process.
    3. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Kent, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.
    4. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose, except that Mezo Care may bring an action for as long as statutorily allowed based on (1) any criminal, dishonest, fraudulent, or intentional act or omission committed by a User; (2) any intentionally latent act committed by a User; or (3) any action for which a User was otherwise required to indemnify Mezo Care. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
    5. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
      1. No arbitration shall be joined with any other proceeding;
      2. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.
        1. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
      3. Further, unless both you and Mezo Care agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding; and
      4. There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
    6. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
      1. Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
      2. Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
      3. Any claim for injunctive relief.
    7. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
  6. Signatures
    1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
  7. California Residents
    1. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
  8. Limits on Liability
    1. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, SHAREHOLDERS,OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, LOGISTICS OBTAINED OR BOOOKED BY MEZO CARE (SUCH AS, BUT NOT LIMITED TO, TRAVEL OR ACCOMMODATIONS), OR ANY MEDICAL PROCEDURES RELATED TO YOUR USE OF THE SITE OR INTERACTIONS WITH MEZO CARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
    2. IN ADDITION, IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER OR COMMUNITY MEMBER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT HEALTH CARE PROVIDERS, PROCEDURES, TREATMENTS, OR PRODUCTS POSTED ON THE SITE.

7. Final Disclaimer

  1. The site is provided on an as-is and as-available basis. you agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
    1. Errors, mistakes, or inaccuracies of content and materials,
    2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
    3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
    4. Any interruption or cessation of transmission to or from the site,
    5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
    6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
  2. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
  3. These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

8. Contact Information

  1. Unless another contact method is provided for a specific issue, please reach us as support@Mezo.Care.