Acceptance of Terms Yoofgate is a virtual network that allows users to post, discuss, learn, and share their experience and interest in the field of medical tourism. To this end, Yoofgate provides a wide collection of online resources that includes public blogs, forums (public and private), surveys, consumer-generated rating of services, classified ads for service providers, and swapping of services and goods in the field of healthcare and tourism. Yoofgate also offers a link to a virtual network, www.mydrugtrial.com, for clinical trial participants and clinical trial sponsors to facilitate the conduct of clinical trials. In aggregate, the services ("Services") provided at Yoofgate are aimed to support our core value of promoting medical tourism, with the hope of getting good value medical care for the smart consumer seeking both leisure and quality health care, anywhere in the world. By using our Site and/or our services in any way, you are agreeing to comply with and be bound by the following Terms of Use Agreement ("Terms" or "Agreement"). The terms "Yoofgate", "Site", "us", "we", "our", or "Services" refer to Yoofgate, L.L.C., the owner of the website. The terms "you", "user", or "member" refer to the user or viewer of our website. Yoofgate may offer other services owned by its parent company, Yoofgate, L.L.C. that are governed by different Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. In addition, when and while using any of the services, you agree to abide strictly to the most updated posted guidelines relevant to all Yoofgate services and any applicable local, regional, or international laws and regulations. If you do not agree to any or part of the guidelines or laws or regulations, which could change from time to time, or, if you become dissatisfied for any reasons, your only option is to immediately terminate the use of our services or website. Description of Services Yoofgate offers two types of services. Services that are free of charge are available for users who 1) are interested in learning, sharing, and discussing their experience as a consumer of medical tourism, 2) are interested in interacting with medical tourism service providers and, 3) are service providers with the interest of interacting with consumers of medical tourism. To this end, Yoofgate’s free services include public blogs, forums (public only, private if invited), public calendar with e-mail reminders of calendar events (such as doctor’s visits and other to-dos), links to third party self-help and support groups, consumer-generated ratings of services and related service providers, newsfeeds, surveys on hospital stays (emergency, inpatient, outpatient), a service enabling members to submit their opinions on a wide range of subjects, and swapping of services and goods in the field of healthcare and tourism. Other services are fee-based. The fee-based services are targeted to medical tourism service providers and provide them with a specialized classified-ads space to post their services and attract potential clients. Other fee-based services may be offered in the future. You understand and agree that the services of Yoofgate may include advertisements, including our own ads, and that these advertisements are necessary for Yoofgate to provide the services. Yoofgate does not endorse any ads, paid or otherwise, that appear on our Site. Users of advertising services are advised to check for accuracy, quality, and legitimacy of ad claims and their service providers. You understand and agree that the use of our services will require that you supply a real contact e-mail address (one that works) and receive service reminders from time to time. For example, if you schedule a doctor's appointment using our free calendar, you will receive an e-mail reminding you of the appointment. If you do not agree with the exposure of advertisements at Yoofgate and to be contacted by Yoofgate via electronic transmission (such as e-mail), your only recourse is to not initiate your registration at this Site and become a member. You also understand and agree that our services may include certain communications from Yoofgate, such as service announcements, administrative messages, and advertisements for new services, and that these communications are considered as part of Yoofgate membership. Unless explicitly stated otherwise, any new features that add or enhance the current menu of services shall be subject to the Terms of Use. You understand and agree that the services at Yoofgate may be operated by a third party service provider (such as third party remote server hosting and/or programming services) and that Yoofgate has no direct control of contracted third party service providers and their processes. Therefore, Yoofgate assumes no responsibility for service failure that could negatively impact the Services that originates from third party service providers. You understand and agree that the services are provided "AS IS" and that Yoofgate assumes no responsibility for the timeliness, deletion, missed delivery, accidental mis-directed delivery, failure to store, and temporary or permanent loss of content of any user communications or personalization settings. Users are responsible for obtaining access to the Yoofgate services and that access may involve third-party fees (such as internet and cell phone text-message providers). Users are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, users must provide and are responsible for all equipment necessary to access the services at Yoofgate. Please be advised that you must be at least 18 years of age to use the services at Yoofgate. Acceptance of Agreement You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our website (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, its content and services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement regularly and each time prior to using the Site. Service Marks and Copyrights "Yoofgate.com" and related "Mydrugtrial.com" Sites are our service marks and are reserved rights. All logos, Dr. Pill©, virtual picture frames, photo-montages, and specialized emoticons are the property and copyrighted materials of Yoofgate. The following services are the property of Yoofgate: public forums, private forums, blogs, health related links, news, feedback, word of mouth, classified ads, and swap. Other product and company names mentioned on the Site may be trademarks of other respective owners. Yoofgate respects the trademarks and copyrighted materials of the original owners. Certain pictures of the Yoofgate photo-montage are copyrighted and Yoofgate has obtained permission to display such pictures. Limited License, Permitted Uses You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Restrictions and Prohibitions on Use Your license for access and use of the Site and any information, materials, or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You agree not to (a) copy, reproduce, duplicate, republish, display, distribute, transmit, sell, trade, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Service (including your Yoofgate username) or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) use any automatic or manual process to harvest information from the Site; (g) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; (h) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States; (i) divulge any proprietary and/or not-yet publicly disclosed insider information (scientific or otherwise) that are considered "material"; and (j) obtain fraudulent insider material information from other users to trade, buy, or sell stocks of publicly traded companies whose research is affected by such information. Furthermore, you are to abide to the following restrictions. You may use our services only if you represent and warrant that you are at least 18 years of age and that all registration information submitted by you are accurate, truthful, and without deceit. Termination Either party may terminate use of the Yoofgate website or the Services with or without cause at any time and effective immediately. You agree that Yoofgate may, under certain circumstances and without prior notice, immediately terminate your Yoofgate account, any associated e-mail address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Yoofgate account includes (a) removal of access to all offerings within the Service, including but not limited to blogs, forums (public and private), classified ads, swapping services, and rating services (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Yoofgate's sole discretion and that Yoofgate shall not be liable to you or any third party for any termination of your account, any associated e-mail address, or access to the Service. Yoofgate shall not be liable to the user or any third party for termination of use of Yoofgate or the Services. Upon termination of the user's account, the user's right to use Yoofgate or the Services shall cease immediately. The user shall have no right and Yoofgate will have no obligation thereafter to forward any unread or unsent messages to another user or any third party, and save any Content generated by users. Failure to abide to these terms and conditions of the Agreement will lead to termination (upon detection) of use of Yoofgate services, loss of the user's right to use Yoofgate services, and the user shall have no right and Yoofgate will have no obligation thereafter to refund any fees (in full or in part) that have been paid for fee-based services. Content Yoofgate is a service provider and distributor (not a publisher) of user-generated and third party information. Yoofgate is not responsible for the content of the listings and postings, which are originated solely from the users or other service providers. Nor is Yoofgate responsible for the content of any news from third party news services that are distributed through our Site. Yoofgate does not own any content (Content) published (posted) to the Site by users except for the content submitted in our feedback service. This means you have the sole responsibility for all the content (Content) that you publish (post), including but not limited to: your personal profile, blogs, e-mail or any other materials, and that you otherwise make available, via this Site, except for the content you post in feedback. By Content, we refer to materials such as, but not necessarily limited to, all information, data, electronic or scanned files, graphics, images, messages, photos, postings, sound, text, video, tags, or other materials (collectively referred to as "Content"). You are entirely responsible for all Content that you upload, post, e-mail, transmit, or otherwise make available via the Services. By posting any Content in the public area, you agree that such information is made public and for all to see. By posting any Content in the private forum area, you agree that such information is not only available to the private forum group but can be made public by any member of the private forum or accessed by non-private members. Under no circumstances, and without exception, should Yoofgate be liable in any way for any failure in interpersonal relationship, loss or damage (direct or indirect, real or perceived), litigation, denial or loss of insurance coverage, denial or loss of social benefits, denial or loss of employment, deterioration of health status, and any other negative consequences that may result from the use of the Yoofgate services. Therefore, you agree that you bear the sole responsibility for any negative consequence that might affect you, your family, and/or friends as a result of public or private postings. You also hereby grant Yoofgate the non-exclusive, worldwide license, irrevocable, perpetual, non-exclusive, and fully sub-licensable, right to use, copy, perform, display, sell, transfer, modify, and distribute said Content. You also grant Yoofgate the right to conduct statistical analyses of the database generated from such Content for the Feedback Service. Yoofgate reserves the right to use and share this information with its affiliate businesses. Since Yoofgate does not control and has no responsibility for the Content made available in this Site, you agree that, by using our Services, you may be exposed to materials that may be deemed inaccurate, inappropriate, indecent, misleading, offensive, or objectionable. Please choose carefully the content of your postings and e-mail. Your postings (such as photos, videos, blogs, and forums) should not include personal information such as last name, personal address, telephone numbers, e-mail with first and last name, or any other personal information considered sensitive, private, and confidential. E-mail, postings, photos, videos, and any visual materials, collectively referred to as "Content" included in your postings should not contain reference to illicit substances (with respect to United-States laws), objects intended for sexual use, pornography or sexually explicit images, violence, and any other offensive subject matters. Content shall not include materials that are deemed harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable. Content shall not include materials that are deemed harmful to minors in any way. Content shall not contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, illicit substance abuse, weapon use, terrorism, or gang affiliation. Content shall not provide material that exploits people in a sexual or violent manner, or solicits personal information from anyone. Users shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, worms, and other destructive programs. Users shall not sell or swap products or services that are considered illicit (as per United-States local laws and regulations); products that are regulated and are only dispensed by a licensed professional such as medicines and medical devices; or animals. Users shall not provide medical advices and incentive to use specific therapies to other users. Users are advised to avoid posting materials that they consider personal, sensitive, and confidential. Users shall not attempt to gain unauthorized access to Yoofgate's database or other computer systems. Users shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Yoofgate in connection with the Yoofgate website or the Services. Users shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Yoofgate website. Users shall not use any portion of the Yoofgate website or the Services for any unlawful purposes. Please make sure that your Content does not violate the privacy rights, publicity rights, copyrights, or other intellectual property rights of any person or organization. If you choose to post copyrighted materials, you are responsible to check with the entity that holds the copyright for such materials and to pay all royalties and license fees before using such materials. Under no circumstances will Yoofgate be liable in anyway for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use or application of any Content posted, e-mailed, transmitted, or otherwise made available via the Services. You acknowledge that Yoofgate may or may not pre-screen Content, but Yoofgate (or its designees) shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Services. Without limiting to the foregoing, Yoofgate (or its designees) shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. When Yoofgate decides that removal of objectionable Content is necessary, users agree that it shall do so without notification and compensation to the users. You agree that you must evaluate, and bear all risks in association with the use of the Site, and in particular, risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Yoofgate or submitted to Yoofgate, including and without limitation the information in the blogs, forums, newsfeeds, and in all other parts of the Services. You acknowledge, consent, and agree that Yoofgate may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation and disclosure is reasonably necessary to: (a) comply with legal and/or regulatory process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protects the rights, property, or personal safety of Yoofgate, its parent company Yoofgate L.L.C., its users, and the public. You agree to not use the Services to: a) Upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b) Harm minors in any way; c) Impersonate any person or entity, including but not limited to, a Yoofgate official, a private forum moderator, another fellow user, a legal or regulatory representative, a well-known scientist or researcher, a health care professional, a guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; e) Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as material information considered to be inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); f) Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; h) Upload, post, e-mail, transmit or otherwise make available any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users' of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j) Actively solicit other users to enroll in a particular clinical trial (except for the use of fee-based advertising trial services sponsored by Yoofgate); k) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; l) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other security exchange, including without limitation, the New York Stock Exchange or the NASDAQ, regulations promulgated by the Food and Drug Administration (FDA), regulations promulgated by the U.S. Department of Health and Human Services and in particular the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") that protects patients' identity and private health information, and any regulations having the force of law; m) Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United-States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Naturalization Act; n) "Stalk" or otherwise harass another; o) Post obituaries about self or others; post any materials that constitute advertisement for any products, services, clinical trials, or any personal attributes UNLESS SPONSORED BY YOOFGATE; p) Publicly disclose, reveal, and/or provide clues to reveal the identity of another user who chooses to hide his/her identity; q) Sell or transfer your username and/or password to another unregistered user; and/or r) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various international networks; (b) changes to conform and adapt to technical requirements of connecting international networks or devices; and (c) human viewing and processing of data by third party service providers other than Yoofgate. As such, you understand and are willing to assume all risks associated with the use of the Site. You also acknowledge that, by agreeing to this Terms of Use, you are aware that use of the Services results in interstate and international data transmission. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws of the United States regarding the transmission of technical data, even if the data is exported to or from a foreign country. Content submitted or made available for inclusion in the Services Yoofgate does not claim ownership and is not responsible for the content of the news obtained from third-party newsfeed services. Also, Yoofgate does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant Yoofgate the following worldwide, royalty-free and non-exclusive license(s) as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of Yoofgate blogs and public forums, the perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Services are those areas of the network of properties that are intended by Yoofgate to be available to the general public. Publicly accessible areas of the Services would also include portions of the forums that are considered private (also called "private forums") since private forum members, collectively, have access to the information posted in private forums. If you create a private forum, you become the private forum moderator and must acknowledge that you should follow the Terms of Use agreement when running the private forum. It is forbidden for private forums moderators to advertise goods or services in their private forums. You further acknowledge that Yoofgate does not control any other forum usage rules beyond this Agreement and private forum moderators are entirely responsible for those private forum rules. Specifically, it is the responsibility of the private forum moderator to establish rules for disclosure of content and other information from the private forum onto the larger public domain and communicate these rules clearly with each member of the private forum. Yoofgate is not responsible for any public disclosure of user-generated content in the private forum, whether accidental or voluntary, during and after the life (and duration) of the private forum. Yoofgate is not responsible for keeping copies of materials and information generated by private forum users. It is the sole responsibility of the private forum moderator to make and keep copies of content and other information that are deemed important before terminating the private forum. You acknowledge that Yoofgate may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Yoofgate servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Yoofgate has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Yoofgate reserves the right to delete accounts that are inactive for extended months of time. You further acknowledge that Yoofgate reserves the right to modify these general practices and limits from time to time. Modifications to Service Yoofgate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yoofgate shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. Threats with ransom All threats by users 1) to gain unauthorized access to Yoofgate's database or other computer systems, 2) to modify, translate, adapt, edit, decompile, disassemble, or reverse engineering any software programs used by Yoofgate in connection with the Yoofgate website or the Services, 3) to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, defaces or impairs the functionality of the Services or the Yoofgate website, and 4) to use any portion of the Yoofgate website or the Services for any unlawful purpose will be taken seriously and may be reported to the appropriate United-States government agencies for investigation. No spam policy This Terms of Service expressly prohibits users from uploading, posting, e-mailing, transmitting or otherwise making available junk mail, spam commercial advertisements, or other form of commercial solicitation on the Yoofgate website or through its services. It is a violation of our policies when you send unsolicited e-mail advertisements to or through the Yoofgate server and computer systems. Therefore, any unauthorized use of Yoofgate computer systems is a violation of our policies and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. sect 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties. Copyright Yoofgate respects copyright laws and expects users to do the same. Dr. Pill©, all logos, photo montages (except certain copyrighted pictures), virtual picture frames, and the specialized emoticons are the property and copyrighted materials of Yoofgate. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. Yoofgate has received permission to use certain copyrighted pictures from the Association of Anaesthetists of Great Britain & Ireland. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us for Notice of claims of copyright or other intellectual property infringement. Please provide Yoofgate with the following Notice: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a detailed description of where the material that you claim is infringing is located on the Site; 4. your contact information including address, telephone number, and e-mail address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. 7. your physical or electronic signature. Upon receipt of such information and upon verification that such information is accurate, Yoofgate will cease to display and remove the copyrighted materials on its Site. It is Yoofgate's policy to terminate the accounts of infringers and without prior notice, written or otherwise. By using our Services, you agree to be exposed to advertising links and links to other websites, including third party clinical trial sponsors, special interest groups, or manufacturers of therapeutic products. However, since Yoofgate does not control the content of other websites, which are independently owned and operated, your linking to any other websites and use of third party services should be conducted at your own risk. Yoofgate makes no representation or warranty, expressively or implied, as to the accuracy, authenticity, or completeness of the information contained in any such Site. Under no circumstances, and without exception, should Yoofgate be liable in any way for any content or for any loss or damage, real or perceived, that may result from the use of the Yoofgate services. Yoofgate also reserves the right (but not the obligation) and at its sole discretion to refuse, delete, or remove, any parts or whole, any content posted in the Site. You acknowledge that Yoofgate is not required to inform the users before it chooses to take such action. Yoofgate does not provide medical or legal advice. Users are advised to consult their physicians or lawyers for medical or legal advice. Third party service providers and other users Yoofgate does not control or give endorsement to third party websites, including, but not limited to, hospitals, heath care providers, clinical trial sponsors and manufacturers of medicines, devices, vaccines, or therapeutic interventions advertised through this Site. Therefore, Yoofgate is not responsible for the Content, Site, and Services provided by other users and third party service providers. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions of users and third party Content represent solely the thoughts of the author(s) and is neither endorsed by nor does it necessarily reflect our belief. Since Yoofgate is not responsible for third party Service providers, you acknowledge that the interactions between you and any organizations and/or individuals made available in the Site are done so at your own risk. When using third party providers and/or dealing with other users of the Site, you agree to release and hold Yoofgate harmless from any and all losses, damages, demands, claims or actions of any kind, including, but not limited to, personal injuries, physical or psychological, direct or indirect, that may result from disclosing your content to the public or the use of third party Service providers and/or interactions with other users of this Site. You agree to release and hold Yoofgate harmless from any and all losses, damages, demands, claims or actions of any kind, including, but not limited to, personal injuries, physical or psychological, direct or indirect, that may result from the use of the Service and any information (whole or in part) from the Content of this Site. You also agree to indemnify and hold Yoofgate and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another. Under no circumstances will Yoofgate be involved in case there is a dispute between users and between users and third party service providers, and private forum moderators. If there is a dispute between you and other users and between you and third party service providers, or private forum moderators, you agree to release and hold Yoofgate and its officers, employees, agents, and successors in rights, harmless from any and all losses, damages (actual and consequential), demands, claims or actions of any kind (known or unknown, suspected or unsuspected), disclosed and undisclosed, including but not limited to, personal injuries or death, physical or psychological, direct or indirect, arising out of or in any way related to such disputes and/or our Service. Any controversy or claim arising out of or relating to this Agreement, Yoofgate, or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Clara County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Yoofgate may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara County, California necessary to protect the rights or property of you or Yoofgate (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If the user is a California resident, the user waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." Medical information - WARNING Yoofgate is provided to users to show their postings and comments. It will also allow users to get information on health care services, self-help support groups, or health care products and treatments through links to third party websites and advertisements. Users should be warned that publicly available information on health care products or services should not be interpreted as medical advice or recommendation and does not replace the advice of a health care professional regarding the use of a given health care service or therapeutic intervention or the participation in a clinical trial as a treatment option for a particular illness. This warning also applies to advices given by users to other users in our public and private forums or other publicly available communication channels, such as swap and advertisements. If you have questions regarding information on medicinal or therapeutic products or on clinical trials, please consult a physician. In case where there are new therapies under investigation that are being mentioned, users are advised that such therapies may not be approved for such use and should discuss such therapies with their physicians. Users should be warned not to solicit, dispense, or receive medical advice at this Site. In general, the user-generated information provided on this Site is designed to support, not replace, the relationship that exists between a user and his/her physician. A reference to a health care service or product or an investigational product used in a clinical trial does not imply that such product is or will be available, as products may not be approved for use in a given country or their use may be restricted to certain indications. Therefore, the local prescribing and medicine labeling information should be consulted. It is possible that you may suffer from an adverse experience as the result of your participation in a therapeutic intervention. An adverse experience is any unwanted negative side effect caused by a medication or therapeutic product or service. If you have suffered from such an adverse health experience or if you are currently suffering from such experience, you should report such experience immediately to your physician. Yoofgate is not affiliated with any medical organization and/or government institution (for example the FDA or Food and Drug Administration); therefore this Site does not report drug or adverse health experiences listed by users to medical professionals, public or private. It is the obligation of users to report their own adverse health experiences to their treating health care professionals so proper care, medical warning, and precautions are instituted. Governing and applicable law This Agreement and the relationship between users and Yoofgate shall be governed by the laws of the State of California (USA) without regard to its conflict of law provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Yoofgate, its Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Yoofgate makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with any local and/or regional applicable laws. The Agreement constitutes the entire agreement between you and Yoofgate and governs your use of Yoofgate and the Services, superseding any prior agreements between you and Yoofgate. You also may be subject to additional terms and conditions that may apply when you use third party services, third party content or third party software. The failure of Yoofgate to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Use of data The information accessed via this Site is being supplied solely for information purposes in the interest of promoting leisure and good health. No commercial use is to be made of any of the data accessed via this Site, without the consent of the owner of the data. In particular, and even though it is not considered that such data can supply sufficient information for this purpose, no use shall be made of such data, without consent, to form the basis of an application to any regulatory authority anywhere in the world seeking an authorization of any kind for any therapeutic product or interventions. Even though Yoofgate encourages anonymous disclosure of health care experiences by users, this Site also recognizes that public disclosure of highly relevant information to public health may be of interest to certain regulatory authorities that regulate health care products. If Yoofgate receives a formal request from a government regulatory authority to disclose the identity of a particular user because important medical information is necessary to warn the public of an imminent health threat about a certain product, Yoofgate may choose to disclose such private information without prior notice to the user, written or otherwise. All information collected at Yoofgate may be transferred to a third party as a result of a sale or acquisition, merger, or bankruptcy involving Yoofgate and/or Yoofgate, L.L.C. No legal advice or attorney-client relationship Information contained on or made available through the Site is not intended to and does not constitute medical advice, legal advice, recommendations, mediation, or counseling under any circumstance and no attorney-client relationship or physician-patient relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. The information contained in the Site, is presented for the purpose of general information directed to the consumers of medical tourism. Therefore, all user-generated information contained on the site, including information relating to medical and health conditions, products and treatments, is for information purposes only. Nothing contained in this Site is intended to be instructional for medical diagnosis, treatment, prevention, first aid or emergency medical care. You should always consult your physician before making any decisions about your health or engaging in travel to seek such medical help. The information on the Site should not be considered complete, nor should it be relied on to suggest a diagnosis or a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified professional health care providers. Information obtained from the website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The information on the Site has been compiled from a wide variety of sources ranging from reputable medical links to users’ own experience and other non-authoritative websites of unclear ownership. It is neither feasible nor practical to confirm the accuracy of every piece of information compiled from all these varied sources. Information may be written, created, or compiled by people who are not medical experts. Information is not necessarily reviewed for accuracy by medical experts. Information in lists, such as lists of symptoms or treatments, is not necessarily in any particular order with regard to importance, frequency, severity, or relevance. This Site contains content supplied or written by third parties and users. Any opinions, advice, statements, or other information expressed or made available by third parties, are those of the third party, and do not necessarily state or reflect those of Yoofgate. Neither Yoofgate nor any of its employees, agents or service providers directly or indirectly practice medicine or dispense medical services. Nothing in the Site or any communication with Yoofgate, its employees, agents or service providers should be construed as creating a doctor-patient relationship or of providing medical or legal advice. In addition, Yoofgate does not and cannot review all communications and materials that are posted or uploaded to the Site and is not responsible for the content of these communications and materials. Any messages, advice, opinions or other information contained in any discussion area of the like should not be construed as professional advice or instruction. Yoofgate disclaims all liability for any such content in accordance to these Terms of Use. Linking to the Site You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your Site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us. You will receive no compensation, monetary or otherwise, for providing linkage to the Site. Links The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because Yoofgate has no control over such Sites and resources, you acknowledge and agree that Yoofgate is not responsible for the availability of such external Sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Sites or resources. You further acknowledge and agree that Yoofgate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such Site or resource. Yoofgate proprietary rights You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Yoofgate or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Yoofgate grants you a personal, non-transferable, non-exclusive right, and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Yoofgate for use in accessing the Service. Advertisers The Site may contain advertising and sponsorships. Advertisers and sponsors, including private forum moderators, are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. Yoofgate expects that service providers and sponsors, private forum moderators, and advertisers to be responsible in complying in all respects with the United States, California laws, statutes, ordinances, and regulations, as applicable to all members of Yoofgate in compliance with healthcare industry standards and practices. Also, users who elect to engage in using the healthcare services advertised through this Site are encouraged to verify the legitimacy of such services, consult with their personal physicians, and read all relevant authorative information with regard to such service carefully before subjecting themselves to use such services. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, payment and delivery of care, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Yoofgate shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings (including Swap where no monetary exchanges are incurred) or as the result of the presence of such advertisers on the Service. Private forum moderators are not allowed to post advertisements, including health care services advertisements, in their private forums. Registration and fee based service(s) In consideration of your use of the Services, you represent that you are at least 18 and are of legal age to form a binding contract and are not a person barred from receiving services under the laws of California (United-States). The Site requires you to register. When you decide to register, you agree to provide us with accurate and complete registration information, when applicable. In order to protect the identity of our general members, Yoofgate only collects a minimum set of personal information upon registration. The information collected (such as user identification, first name or pseudo-name, date of birth, country of origin, ethnic origin, e-mail), some of them are even optional, is not enough to identify users as persons. However, it is important that you provide your real age since persons under the age of 18 are not allowed to become members and use our services. When you decide to register to use the fee-based services (the Classified Ads service is currently our only fee based service), you agree to provide us with accurate and complete registration information, including your full name, business or personal address, and any other relevant contact information for business purpose. All users have to provide information that is true, accurate, and current as prompted by the Service's registration form(s). If you provide any information that is untrue, inaccurate, not current or incomplete, Yoofgate has the right to suspend or terminate your account and refuse any and all current or future use of the services. Yoofgate does not sell or make available for commercial purpose any personal information (such as full name, address, telephone number, or e-mail) provided upon user's registration. However, you acknowledge and agree that Yoofgate may disclose any content or personal information if required to do so by law and in the good faith belief that such disclosure is necessary to (a) comply with legal and/or regulatory process; (b) enforce the terms of use and policies; (c) respond to claims that any content violates any rights of third parties; and/or (d) protects the rights, property, or personal safety of Yoofgate (and its officers, employees, and associates), its users and the public. For general members, each registration is for your personal use only and not on behalf of any other person or entity. Fee-based users may register for themselves or on behalf of a business entity to use the fee-based services. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. Upon registration, a user will have a password and an account with each type of service (free or fee-based) at Yoofgate. The user is responsible for maintaining the confidentiality of his/her password and account. Furthermore, the user is entirely responsible for any and all activities that occur under the user's account. Currently, there is no refund for classified ad fees. Errors, corrections, and changes We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. Therefore, users are forewarned and agree that the use of any information provided by the Site is done so at their own risks. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site. Unlawful activity We reserve the right to investigate complaints or reported violations of this Terms of Use agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials or regulators, and disclosing, when required by law, any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. Indemnification You agree to indemnify, defend and hold Yoofgate, its parent company Yoofgate, L.L.C., its partners, agents, officers, directors, employees, subcontractors, successors, licensors, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, demand, claim, and expense, including reasonable attorney's fees and court costs, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Terms of Use agreement, or your violation of any rights of another. You agree to indemnify and hold Yoofgate, its parent company Yoofgate, L.L.C., its subsidiaries, affiliates, successors, licensors, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold Yoofgate, and its parent company Yoofgate, L.L.C., harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to user's violation of this Agreement. Nontransferable and no resale of service Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. You agree not to reproduce, duplicable, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your Yoofgate username), use of the Services, or access to the Services. Disclaimer The user agrees that use of the Yoofgate Site and the Services is entirely at one’s own risk. The Site and the Services are provided on an "AS IS" basis, without any warranties of any kind, all express and implied warranties, including, without limitation, the warranties of the merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Yoofgate disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Yoofgate Site and Services. To the fullest extent permitted by law, Yoofgate disclaims any warranties for other services or goods received through other users or advertised on the Yoofgate Site or the Services accessed through any links on the Yoofgate Site. To the fullest extent permitted by law, Yoofgate disclaims any warranties for any damages caused by viruses, worms or other harmful components in connection with the Yoofgate Site or Services. Under no circumstances should Yoofgate and its officers, members, and employees be held liable for any loss of information or electronic materials posted in the Site. To the fullest extent permitted by law, Yoofgate disclaims any warranties for damages caused by websites or users posing (or mimicking) as Yoofgate or any third party website, otherwise known as phishing (Yoofgate will never ask any users for their personal information, such as username or password – any email claiming to be Yoofgate or any affiliate thereof, demanding such information, is false). It is the user's responsibility to check that the source of e-mail and messages they receive and verify that those are genuinely originating from Yoofgate or other third party websites. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. Under no circumstances shall Yoofgate be liable on account of damages suffered by members arising from the use of medical services and care (direct or indirect), including the experience of adverse drug experiences. Under no circumstances shall Yoofgate be liable on account of member's use or misuse of the Site and its Services, whether the damages arise from use or misuse from the Site and its Services, from inability to use the Site and its Services, or the interruption, suspension, modification, alteration, or termination of the Yoofgate website and its Services. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through other users or through advertised programs in connection with the Site or its Services or any links on the Site as well as by reason of any information or advice received through or advertised in connection with the Site and its Services or any links on the Site. These limitations shall apply to the fullest extent permitted by United States, California law. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR AFFILIATED PARTIES AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF UNREALIZED GAINS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, MEDICAL OR LEGAL ADVICE, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL PROGRAMS CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY MATERIALS OR INFORMATION OBTAINED AS A RESULT OF EITHER SPONSORING OR BEING A PART OF A PRIVATE FORUM IS DISCLAIMED. a. YOOFGATE AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. YOOFGATE AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, NON-DISCLOSABLE (AS APPLICABLE TO PRIVATE FORUMS), SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, SWAPPED, OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOOFGATE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. Limitation of liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOOFGATE AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF LIFE OR HEALTH DETERIORATION, LOSS OF INSURABILITY OR OTHER EMPLOYMENT/SOCIAL SUPPORT BENEFITS, LOSS OF ANY UNREALIZED GAINS, LOSS OF RELATIONSHIPS, LOSS OF BENEFITS OF ANY SORT, DAMAGES RESULTING IN BEING HANDICAPPED, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOOFGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS ENTITLED "YOOFGATE PROPRIETARY RIGHTS" AND "DISCLAIMER OF WARRANTIES" MAY NOT APPLY TO YOU. Use of information We reserve the right, and you authorize us, to the use and assignment of all information you submit to us in the Feedback service only. All other remarks, comments, suggestions, ideas, graphics, or other information posted by you on the Site (collectively, a "Submission") belong to you as long as you are the rightful copyright owner of all the material that you post. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Third party services We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. We may also allow access to advertised services by healthcare providers and regulatory-approved drug products. You understand that we do not operate or control the products or services offered by Merchants or healthcare providers. Users are responsible for all aspects of agreement, contract, order processing, swap of goods or services, fulfillment, billing, mailing, and customer service. We are not a party to the transactions entered into between users, you and Merchants, or between you and service providers. You agree that 1) use of or purchase from such Merchants, 2) use of or swap of goods and other services, 3) participation in healthcare solutions through advertising from the Site, and 4) use of any treatments resulting from direct-to-consumer advertisements from the Site are AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS, YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR ADVERSE EXPERIENCE ARISING FROM THE PARTICIPATION OF HEALTHCARE SOLUTIONS ADVERTISED THROUGH YOOFGATE. YOOFGATE IS NOT RESPONSIBLE FOR ANY ADVERSE EXPERIENCE SUFFERED AS A RESULT OF USING THE HEALTHCARE SERVICES POSTED OR ADVERTIZED IN THE SITE. IT IS THE SOLE RESPONSIBILITY OF THE USERS TO REPORT ALL ADVERSE HEATH EXPERIENCE TO THEIR TREATING PHYSICIAN OR TO THE APPROPRIATE REGULATORY BODY THAT REGULATES THE HEALTHCARE INDUSTRY. Third party merchant or clinical trial sponsors policies All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant Sites. We are not responsible for information provided by you to Merchants or healthcare providers. Users, Merchants, the healthcare providers and sponsors, and we, are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. Third party beneficiaries You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement. Private policy Registration information and certain information about you are subject to our Privacy Policy. Confidentiality of data relating to individual general users, including their identity, is respected by this Website and forms the basis of our Privacy Policy. Yoofgate undertakes to honor the legal requirements of medical/health information privacy that apply in the United States ("HIPAA") and country and state where the website is located. Details of the HIPAA regulations may be accessed by clicking on the following link http://www.hhs.gov/ocr/hipaa/. Private forum moderators must also adhere to honor the legal requirements of medical/health information privacy that apply in the United States ("HIPAA") and country and state where the website is located when sponsoring private forums involving patients or health care users as private members. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review and accept this Privacy Policy, which Yoofgate has established to explain to users how their information is collected and used. Users' registrations and use of the Site's services signifies acknowledgment of and agreement to Yoofgate's Privacy Policy. Users further acknowledge and agree that Yoofgate may disclose users' personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Yoofgate, its members, employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. The e-mail address that you supply to use this service will only be used as a means of communication between you and Yoofgate. You understand that through your use of the services of this Site, you consent to the collection and use (as set forth in the Privacy Policy) of the information that you supply (upon registration and user-generated content), including the transfer of this information to the United-States and/or other countries for storage, processing, in case there is a sale of the company to a business entity, and other internal use by Yoofgate and its affiliates. User's information Yoofgate requires that all users register before using our services. General membership requires a quick registration process that preserves the identity of the users. When registering for general membership, users are asked to provide a limited, non-personally identifiable, set of information, which includes their username, e-mail, password, and date of birth (minimum of 18 years of age). Such registration involves filling out an optional, short questionnaire for an online profile, which includes a few questions about the user's biography and interests. To post an ad in the "Classified Ads" section, it is required to provide your first name, last name, and the address of your business. At this time, Yoofgate does not share noncommercial users' postal addresses or any other personal information supplied upon registration with third parties for marketing purposes. However, since certain user-supplied information on this Site is publicly available, including but limited to, users' usernames, pictures, joined dates, posts, ages, countries, homepages, screen-names (ICQ, AIM, YM, MSNM), personal interest and stories, favorite doctors/caregivers, biographies and hobbies are publicly available and displayed in the users' profiles, such information can be collected by third party businesses independently of Yoofgate. Upon registration, users will have a password for each of the service accounts with Yoofgate. Users are responsible for maintaining the confidentiality of their password(s) and account(s). Furthermore, users are entirely responsible for any and all activities that occur under the user's password and account. For example, users are to update their blogs and personal information regularly, especially when there are pertinent changes. Users agree to immediately notify Yoofgate of any unauthorized use of the user's account or any other breach of security known to the user. Users are advised to log off from their account at the end of each session. Yoofgate cannot and will not be liable for any loss or damage caused by fraudulent use of the services at this Site through usurpation or theft of users' identities and/or failure to comply with the rules set forth in this section. General information Entire Agreement. The Terms of Use constitutes the entire agreement between you and Yoofgate and governs your use of the Service, superseding any prior agreements between you and Yoofgate with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Yoofgate services and affiliate services. Choice of Law and Forum. The Terms of Use and the relationship between you and Yoofgate shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Yoofgate agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. Waiver and Severability of Terms. The failure of Yoofgate to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your account at Yoofgate is non-transferable and any rights to your username or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Please contact us to report any violations of the Terms of Use.