1. Not Professional Medical or Healthcare Advice
MEDI2KOREA IS NOT A MEDICAL REFERRAL SERVICE AND DOES NOT ENDORSE, RECOMMEND, OR APPROVE ANY HEALTHCARE PROVIDER LIST ON THE SITE. WE ARE NOT MEDICAL PROFESSIONALS AND WILL NOT DISCUSS OR ADVISE ANY ISSUES RELATED TO MEDICAL TREATMENT. WE FACILITATE CONTACT WITH, AND PROVIDE INFORMATION ABOUT DOCTORS AND FACILITIES IN KOREA AND PROVIDE INFORMATION ABOUT THEIR CREDENTIALS IN ORDER FOR YOU TO MAKE INFORMED DECISIONS. WE DO NOT, HOWEVER, RECOMMEND ANY PREFERRED OR SPECIFIC DOCTORS FOR YOUR DESIRED MEDICAL TREATMENT. WE ENCOURAGE AND ADVISE YOU TO DISCUSS ALL MEDICAL ISSUES WITH YOUR CURRENT MEDICAL DOCTOR, BEFORE MAKING A DECISION ON MEDICAL TREATMENT IN KOREA. THROUGH OUR MEDICAL TOURISM AFFILIATES AROUND THE WORLD AND OUR IN-DEPTH RESEARCH WE PROVIDE INFORMATION ABOUT AVAILABLE MEDICAL TREATMENT PACKAGES TO ASSIST YOU MAKING AN INFORMED DECISION.
WE ARE NOT A HEALTHCARE PROVIDER. THE ADVICE YOU RECEIVE FROM YOUR HEALTH CARE PROVIDER SHOULD TRUMP ANY INFORMATION YOU SEE ON THIS SITE. CONTACT YOUR DOCTOR OR GO TO A HOSPITAL IN CASE OF ANY HEALTH EMERGENCY.
No Patient Relationship. Your use of the information and services available does not create a patient relationship with Medi2Korea. You should consult in person with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues and your relationship with third party client providers is solely and exclusively with them. Never disregard professional advice or delay in seeking it because of information you read on Medi2Korea.
Medical Emergency. If you think you may have a medical emergency, call your doctor or call Emergency Services immediately. Medi2Korea is not intended for emergency situations.
Media2Korea does NOT diagnose or treat any illness or health condition. If you require clinical or other professional services, you should consult with an individual who is appropriately licensed to diagnose and treat your condition. The medical experts and doctors are not employees or agents of Medi2Korea and Medi2Korea does not assume any responsibility for any act or omission of any such M.E. User acknowledges and agrees that although an M.E. (as term is defined in Section 8 below) may have been accessed through the Site, Medi2Korea cannot/does not assess either the competence of the M.E. or appropriateness for user’s needs of the M.E. User acknowledges and agrees that the role of Medi2Korea is strictly limited to provide access to an M.E. for services and that user takes sole responsibility for the decision to access an M.E. through the Site.
ONLY A MEDICAL OR OTHER LICENSED HEALTHCARE PROFESSIONAL CAN SCREEN FOR, DIAGNOSE, MONITOR OR OTHERWISE PROVIDE ANY CARE OR TREATMENT FOR CLINICAL OR MEDICAL CONDITIONS WITHIN THE SCOPE OF THEIR SPECIALTY.
We may, however, include a variety of information and content on our Site through our service’s third party independent client providers and listed third party resources, including articles, data, references, interactive community tools and advertising. This Site also may contain general information relating to medical and/or healthcare conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals may contribute such information and articles to the Site.
ALL INFORMATION AND CONTENT ON OUR WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN, OR OTHER QUALIFIED AND LICENSED HEALTHCARE, CLINICAL OR MEDICAL PROFESSIONAL.
MEDI2KOREA DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE. THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS BY THIRD PARTY INDEPENDENT CLIENT PROVIDERS AND RESOURCES ON OR THROUGH THE WEBSITE AND ITS FEATURES EVEN IF CONTRIBUTED OR OTHERWISE COMMUNICATED FROM A PHYSICIAN, DENTIST OR ANY HEALTHCARE PROFESSIONAL IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A PHYSICIAN-PATIENT OR CLINICIAN-PATIENT RELATIONSHIP.
While we hope you find it helpful, you should not use the information contained herein for diagnosing a health problem, disease or condition or for selecting a specific course or method of treatment. Healthcare professionals using this website and services should also remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. Healthcare consumers should not rely on the information on this website as professional medical advice or use it to replace any relationship with your physician, dentist or other qualified healthcare professional. For medical concerns and/or decision making, including decisions about medications, surgery and other treatments, individuals should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. HEALTHCARE AND SERVICE CONSUMERS WHO USE THE INFORMATION FROM THIS WEBSITE AND FROM THIRD PARTY INDEPENDENT CLIENT PROVIDERS WE SCHEDULE AND OTHER SUCH RESOURCES DO SO AT THEIR OWN RISK AND SHALL LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO THE SERVICES THEY INDEPENDENTLY PROVIDE.
2. Use at Own Risk; Limitation of Liability
YOUR USE OF MEDI2KOREA IS AT YOUR OWN AND SOLE RISK. THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE.
THE LISTED AND/OR CLIENT MEDICAL OR OTHER LICENSED HEALTHCARE PROFESSIONALS AND THIRD PARTY RESOURCES INCLUDING PRODUCT AND SERVICE PROVIDERS ARE THIRD PARTIES AND ARE NOT EMPLOYED, ENGAGED OR PARTNERED WITH MEDI2KOREA. YOU USE SUCH THIRD PARTY RESOURCES, SERVICES AND PRODUCTS AT YOUR OWN AND SOLE RISK AND SHALL LOOK SOLELY TO THEM WITH REGARD TO THEIR INDEPENDENT SERVICES RENDERED.
TO THE EXTENT THAT MEDI2KOREA LISTS A NAME OF A PROFESSIONAL OR ENTITY THAT YOU MAY WISH TO CONSULT AND SCHEDULES YOU WITH THEM, OR A PRODUCT YOU MAY WISH TO UTILIZE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH THIRD PARTY’S PROVISION OF SERVICES AND PRODUCTS ARE NEITHER THE RESPONSIBILITY NOR UNDER THE CONTROL OF MEDI2KOREA, AND THAT SUCH DOES NOT CONSTITUTE AN ENDORSEMENT OR REPRESENTATION ABOUT THE QUALITY OF THEIR PRODUCTS, SERVICES, QUALIFICATIONS, CREDENTIALS OR EXPERIENCE -- THE THIRD PARTY SERVICE AND PRODUCT PROVIDED IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY AND YOU SHALL LOOK SOLELY TO THEM FOR ANY REFUNDS, CLAIMS OF MALPRACTICE, INJURY OR OTHERWISE.
USE OF THE SITE, FEATURES AND OTHER ITEMS, SERVICES AND PROVIDERS MADE AVAILABLE THROUGH OR VIA MEDI2KOREA IS WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, OR CUSTOM OF TRADE, AND NONINFRINGEMENT, OR OTHERWISE, AND MEDI2KOREA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR SUCH USE, RESULTS OR RELIANCE.
WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO MEDI2KOREA, THE THIRD PARTY INDEPENDENT CLIENT PROVIDERS/RESOURCES, OUR SITE OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED OR PROVIDED BY THE THIRD PARTY INDEPENDENT CLIENT PROVIDERS AND RESOURCES OR MEDI2KOREA FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. It is your responsibility to evaluate the information provided on the Site and by third party independent client providers and listed resources, AND YOU USE SUCH THIRD PARTY RESOURCES, SERVICES AND PRODUCTS AT YOUR OWN AND SOLE RISK AND LOOK SOLELY TO THEM. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or another qualified healthcare professional.
IN NO EVENT SHALL MEDI2KOREA BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THIS WEBSITE AND ITS FEATURES AND THE THIRD PARTY INDEPENDENT CLIENT PROVIDERS/RESOURCES INCLUDING PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDI2KOREA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Without limiting the availability of protection under the prior provisions of this paragraph as available to greatest extent then-permitted by law and regulation, in no event shall Medi2Korea’s aggregate liability to you, if ever determined, for all damages, losses, or causes of action collectively exceed the total amount paid by user/member to subscribe to and access or use the Site in a given year. The foregoing limitations will survive and apply even if the above stated remedy or any other remedy specified in this agreement is found to fail of its essential purpose.
YOU SPECIFICALLY ACKNOWLEDGE THAT MEDI2KOREA SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY INCLUDING THE INDEPENDENT CLIENT PROVIDERS/RESOURCES (INCLUDING PRODUCTS) AND THAT THE RISK OF HARM OR DAMAGE FROM SERVICES RENDERED BY AND PRODUCTS PROVIDED BY ANY THIRD PARTY EVEN IF MARKETED, LISTED OR LINKED TO ON OUR WEBSITE/APP OR SCHEDULED VIA MEDI2KOREA IS SOLELY YOUR OWN.
3. Site Registration
Medi2Korea in its absolute discretion may block or deny access to any user who is in violation of any of the terms of this agreement.
4. Links to Other Websites
Medi2Korea may contain links to external websites (owned and operated by third parties) that are neither the responsibility nor under the control of Medi2Korea. Similarly, this Site may be accessed from third-party links over which Medi2Korea has no control. Medi2Korea cannot attest to the accuracy, reliability, currentness, timeliness or completeness of the information on any other website -- the information provided is entirely the responsibility of the operator of the external website visited and Medi2Korea shall have no liability for any losses, damages or injuries of any kind arising from such third party content or information. Further, Medi2Korea does not endorse any content or information on such websites or any commercial products or services that might be advertised or sold on these external websites. In the event that any external website relates to the provision of medical, healthcare or related services and/or items - or any other product or service - a link to such third party website on Medi2Korea does not constitute a recommendation by Medi2Korea of the healthcare provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.
YOU ASSUME THE SOLE RISK OF ACCESSING SUCH WEBSITES AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD PARTY PRODUCTS AND/OR SERVICES.
5. Sponsorships and Advertising
7. Site Content
8. The Services
Any of the persons termed such as Doctor/Physician/Lab/Hospital/Pharmacy/Nurse/Diagnostic Centre/Health Care & Rehabilitation Centre, etc. will be hereinafter individually and collectively referred to as Medical Establishment (M.E.).
Medi2Korea provides an information platform where users can search, locate and select any M.E. to seek advice/opinions or services, communicate with an M.E. and pay for any services, advice or opinions provided by such M.E.
Medi2Korea does not make any representation or warranty and does not guarantee the accuracy or legitimacy of any information/opinions/content the listing services of M.E. provide to users and vice versa. Users further agree that the advice/opinion of the M.E. does not constitute solution to users’ medical questions. Medi2Korea does not endorse or guarantee any advice, information or other services provided by an M.E. nor does Medi2Korea provide any warranties for any of the services provided by an M.E. Medi2Korea will not be liable for any physical, mental, monetary or other damages or losses sustained due to use of our Site and/or due to any reliance by a user of any advice or services provided by an M.E.
Medi2Korea does not provide any specific medical advice for cures or treatment. All the contents in Medi2Korea’s Site are provided for informational purposes only. The Site’s contents are not a substitute for professional personal medical advice, diagnoses, treatments or personal/physical examinations of the user by an M.E. The services provided by an M.E. are for informational purposes only. Specific medical treatment or medical advice will not be provided on the Site. Users should not rely solely on advice/opinion provided by an M.E. on the Site. Users should not rely on any content from the Site to diagnose or treat a medical or health condition. Medi2Korea strongly recommends its users to consult with a qualified physician for a personal physical examination for treatment. A user should not disregard any professional/medical advice given during a personal physical examination by the user’s own physician, nor should the user delay a physical examination based on a reliance of any opinions or services provided on or through an M.E. or any information found on our Site. Users acting on the reliance of any advice or services provided by Medi2Korea do so solely at their own risk. The use of Medi2Korea’s Site and its content opinion is at user’s own risk and consequence. Medi2Korea does not endorse or recommend any particular M.E. It is the responsibility of the user to verify the credentials of the M.E. before any interaction, and by choosing to interact with said M.E., user agrees not to hold Medi2Korea responsible for any results that may occur between the user and the M.E.
The user understands and agrees that any opinions of the M.E. and other users through Medi2Korea’s Site are solely their opinions and not that of Medi2Korea. Therefore, Medi2Korea does not assume any responsibility or liability for the accuracy, reliability, dependability of the contents provided by an M.E. or another user on the Site, including the qualifications, experience or credentials of the employees of an M.E. or other data about the M.E.
9. Release of Medi2Korea
User/Member hereby releases and agrees to hold harmless Medi2Korea, its affiliates, directors, officers, employees, agents, successors, advisors, consultants and assigns from any and all causes of action and claim of any nature resulting from the act or omission of M.E. accessed on and through the Site.
The use of Medi2Korea’s site and the content is at user’s sole risk and consequence. In no event shall Medi2Korea be liable for any damages, over personal injury/wrongful death, sufferings, loss of profits or damages resulting from use of data or inability to use Medi2Korea’s site or the content.
10. Chat and Bulletin Boards
As an added feature, Medi2Korea makes available to its users, a discussion forum, chat room, bulletin board and blog, whereby another user can post his/her views, reports, questions, comments and suggestions, to which an M.E. may respond. The views, opinions, reports answers etc., of the M.E. are its own and Medi2Korea is not liable for any damages sustained by a user who relies on any such information or opinion. The information or opinions so given by the M.E. is intended for general reference and/or informational purposes only. Any information from the site is not intended nor shall it be construed to be a user’s substitute for meeting a physician. Any information posted on the forums, chatrooms, or bulletin board is public and any information users post and receive are susceptible and accessible to outsiders for which Medi2Korea does not assure the privacy of such details/information.
While using Medi2Korea, user should not post, transmit any content, details, data, information, material which is in violation of local, state or national laws. Medi2Korea reserves the right to determine what posted material is unlawful, threatening, harassing, abusive, obscene, vulgar, defamatory, slanderous, offensive, libelous, hateful, racist, ethnically harmful or otherwise objectionable, as also determined by Medi2Korea at its sole discretion; which infringes on the intellectual property rights of others. The user shall not distribute viruses or other harmful code and will not interfere with or disrupt the Medi2Korea’s servers or networks connected to the Site. Medi2Korea will take action to the fullest extent of the law, and will disclose such actions and content to the relevant government authorities to satisfy any law, regulation or government request.
11. Restrictions on Use of Site
Users will bear all the risks associated with any content the user posts while using Medi2Korea.
12. No Responsibility for Loss or Damages
Medi2Korea shall not be responsible or liable for any loss or damages of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Content or opinions provided on or through Medi2Korea regarding drug or dietary supplements have not been evaluated or approved by the FDA or any other statutory body. User agrees to consult and act according to user’s own physician or medical expert before beginning any course of dietary supplementation treatment or regimen.
13. No Warranty
Medi2Korea does not represent or warrant that the Site or its products will meet with the requirements or expectations of a user and that any content, material or results that may be obtained from use of its Site or products will be accurate, timely, complete, reliable, genuine and that any errors in any products services will be corrected.
User acknowledges and agrees that Medi2Korea’s Site and the products/services are provided on “AS IS” and “AS AVAILABLE” basis. The use of Medi2Korea Site is at the user’s sole risk. Medi2Korea expressly disclaims all warranties of any kind whether express or implied, statutory or otherwise, including, without limitations, the implied warranties of merchant ability, fitness for a particular purpose and non- infringement, security or accuracy.
16. Intellectual Property
Intellectual property Medi2Korea is the sole/exclusive owner of all the intellectual property and in particular all the patent rights, the copy-right/rights, trademarks rights, database rights, trade secret rights and patents in Medi2Korea and in any software, application, graphics, text and other materials used therein. A user may view, use or download a single copy of the material/content of Medi2Korea Site solely for user’s personal, internal and non-commercial use. The user should not use, modify, publish, broadcast, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, circulate, disseminate, perform, link, display or in any way exploit any product or intellectual property, in whole or in part, except with the prior written consent of Medi2Korea. Medi2Korea appreciates and values/recognizes/respects the intellectual property of others and expects the same from its users. Any claim with regard to copyright of intellectual property infringement at Medi2Korea Site should be notified to Medi2Korea, 9122 Garden Grove Blvd., Garden Grove, CA 92844.
The claim should include the following: - A physical or electronic signature of the owner or his/her/its authorized representative and the address, telephone number and email Id/addresses ; - Information/description of the copy-righted work claimed to be infringed by Medi2Korea and its location on the Site. - A statement that the complainant has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and - A statement by the complainant made under penalty of perjury, that the information in complainant’s claim is accurate and that complainant is the copyright owner or authorized to act on behalf of the owner.
17. Laws that Govern this Agreement
This agreement shall be governed by and construed in accordance with the laws of Republic of Korea and the Courts at Seoul, Korea shall have exclusive jurisdiction in all matters and disputes arising out of and relating to the Site. The parties shall attempt to settle any dispute arising from and/or in connection with this agreement by way of negotiation. If the dispute is not so resolved within 30 days, it shall be referred to and finally resolved by arbitration under the Korean Commercial Arbitration Board. Each party shall nominate its own arbitrators and the two arbitrators thus nominated shall appoint the third arbitrator, for a panel of three arbitrators, and the place of arbitration shall be Seoul in Korea only. Arbitrator may/should be from the medical or health care profession with at least 15 years of medical experience and properly licensed in Korea. All disputes under this agreement shall be subject to the exclusive jurisdictions of the courts situated in Seoul, Korea only. The language of the Arbitration shall be in Korean, unless otherwise agreed in writing between all parties.
18. Dispute Resolution.
Mandatory arbitration. Please read this carefully. It affects user’s rights. You and Medi2Korea and each of our legal representatives, heirs, estates, successors, and permitted assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief.
Commencing arbitration. A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by user, to user via any other method available to user, including via email and text message. The notice to Medi2Korea should be addressed to Medi2Korea, 9122 Garden Grove Blvd., Garden Grove, CA 92844, USA. The notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then user or Medi2Korea may commence an arbitration proceeding as set forth below or file a claim in small claims court. The arbitration will be administered by the Korean Commercial Arbitration Board (“KCAB”) in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes (the “rules”), as modified by this agreement. The rules and KCAB forms are available at www.adr.org.
Arbitration proceeding. The arbitration will be in Korean. A single independent and impartial arbitrator with his or her primary place of business in Seoul, Korea will be appointed pursuant to the rules, as modified herein. The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No class actions. User may bring claims (including actions in equity) against the other party only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the arbitrator may not consolidate proceedings brought by user with more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then this entire mandatory arbitration section will be null and void at Medi2Korea’s option.
Equitable relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Medi2Korea seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond.
Claims. Notwithstanding any other rights a party may have under law or equity, any cause of action a user may have arising out of or related to this agreement must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
Improperly filed claims. All claims user brings against Medi2Korea must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should user file a claim contrary to this section, Medi2Korea may recover attorneys’ fees and costs up to $5,000, provided that Medi2Korea has notified user in writing of the improperly filed claim, and user has failed to promptly withdraw the claim.
Enforceability. If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at Medi2Korea’s sole option, the entirety of this section will be null and void (excluding this paragraph) and, in which case, the exclusive jurisdiction and venue of Seoul, Korea will govern any action arising out of or related to this agreement. Any other provisions of this agreement which are invalid in their entirety are severable.
Choice of forum. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, it will be subject to the exclusive jurisdiction of the state and federal courts located in Seoul, Korea and users hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum.
19. Information for California Residents.
California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of personal information, such as name, address, e-mail address and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. You can request information by writing to us at: Medi2Korea, 9122 Garden Grove Blvd., Garden Grove, CA 92844. We will respond to such written requests within thirty (30) days following receipt at the mailing address above. We reserve the right not to respond to requests submitted other than to the address specified above or as otherwise exempted by law. Please note that we are required to respond to each customer only once per calendar year.
This agreement contains the sole and entire agreement between the parties with respect to the use of Medi2Korea including its listed or client third party healthcare providers and listed third party resources and supersedes any and all other prior written or oral agreements between us. User may not assign user’s account or this agreement to anyone without the express written consent of Medi2Korea. Medi2Korea may assign Medi2Korea’s rights and obligations under this agreement. Captions contained in this agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this agreement or the intent of any provision of this agreement. It is the intent of the parties that neither this agreement, nor any covenant in this agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this agreement shall be held invalid or unenforceable by any arbitrator or court of competent jurisdiction or as a result of future legislative action or otherwise, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this agreement. All provisions of this agreement which by their nature should survive termination of this agreement shall survive such termination including, but not limited to, intellectual property ownership provisions, warranty disclaimers, and limitations of liability. Users shall not at any time, including after account or use/access cancellation, disparage, impugn or otherwise deprecate the business, functionality, services, products, software or reputation of Medi2Korea. The parties acknowledge and agree that this agreement shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all parties to this agreement. Whenever the words “include,” “includes,” or “including” are used in this agreement, they shall be deemed to be followed by the words “without limitation.” The parties shall take all such actions and execute all such documents that may be necessary or desirable to carry out the purposes of this agreement whether or not specifically provided for in this agreement. All provisions of this agreement which by their express terms or reasonable implication must survive to be effectuated shall so be deemed to survive.
Last updated date: January 24, 2020.