Terms of Use

By | August 27, 2016

Terms of Use

Last updated: September 14, 2017

Please read carefully before using!

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.bemedique.com website (the “Service”) operated by BeMedique LLC (“us”, “we”, or “our”).

Acceptance of Terms

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms of Use. If you disagree with any part of the terms then you do not have a permission to access the Service.

Provided Services (“Service”)

(i) Educational Information:

This website offers information (“Content”) in the form of text, images, graphics, videos and other material about health maintenance, fitness, nutrition, as well as other alternative methods designed for educational purposes only.  The educational information is summarized information from books, scientific reports, and scientific magazines, as well as oral or written experiences.

(ii) Search Services and Information:

This website provides a search service for the purpose of finding a professional in the field of preventive, alternative, complementary, integrative, natural medicine, and holistic medicine as well as in the field of ancient eastern medicine.

(iii) Networking Platform for Registered User:

This website provides a networking platform for practitioners and experts in complementary, integrative, natural, holistic and preventive medicine, for lifestyle coaches, holistic dietitian, and for everyone who wants to be empowered to create a better quality of life. The networking platform enables the registered user to upload information in the form of text, images, graphics, videos, and educational information in the fields of alternative medicine, health, fitness, and nutrition.

Services Not Provided

The services of this site do not include professional medical advice, diagnosis, or treatment, medical prescriptions or any other professional advice.

International Use

The Provided Service is not appropriate for use outside the United States (“International Use”).  The usage of Service from territories outside the United States where Services are forbidden is not allowed. Users outside the United States are responsible for compliance with all local laws.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Users Responsibility for the Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that:

(i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and

(ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

(iii) the posting of your Content does not include professional medical advice, diagnosis or treatment, or any other professional advice.

(iv) will not make any medical advice on the platform, especially will not advise to contact physicians, practitioners for alternative medicine, coaches, and other experts, to do or to buy specific tests, services, or products, to use or to follow any information or opinion written on the website.

Content

(i) You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

(ii) We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service.

(iii) However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

(iv) BeMedique LLC has the right but not the obligation to monitor and edit all Content provided by users.

(v) In addition, Content found on or through this Service are the property of BeMedique, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, in whole or in part, for commercial purposes without including of copyright notice, “© 2017, BeMedique, LLC. All rights reserved,” located at the end of the content. It is permitted to use the content for personal gain by including the copyright notice, “© 2017, BeMedique, LLC. All rights reserved”

Users Guaranties, Obligations, and Responsibilities

Personal and Professional information: When you create a personal or professional account with us, you guarantee:

(i) that you are above the age of 18, and

(ii) that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service

Username, Professional Grades, Licenses: You may not use:

(i) as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization,

(ii) as a username, any name that is offensive, vulgar or obscene, and

(iii) professional grades, licenses, or any other professional accreditations if you do not have the authorization to use them.

Responsibilities: You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BeMedique LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BeMedique LLC.

Links to Third Party Web Sites or Services

Our Service may contain links to third party web sites or services that are not owned or controlled by BeMedique LLC.  The communications or dealings between user and third party web sites or services through service of BeMedique LLC are solely between user and that third party. BeMedique LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that BeMedique LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.  Any complaints, concerns or questions relating to content, privacy policies, or practices of any third party web sites or services should be forwarded directly to the third party.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless BeMedique LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of

(i) your use and access of the Service, by you or any person using your account and password;

(ii) breach of these Terms, or

(iii) Content posted on the Service.

Limitation of Liability

In no event shall BeMedique LLC, nor its directors, employees, partners, agents, suppliers, licensors or affiliates, or any third parties mentioned on the website be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, personal injury / wrongful death, loss of profits, data, use, goodwill, or other intangible losses, resulting from

(i) your access to or use of or inability to access or use the Service;

(ii) your misuse of the Service

(iii) any conduct or content of any third party on the Service;

(iv) any content obtained from the Service; and

(v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The liability of BeMedique LLC, its directors, employees, partners, agents, suppliers, licensors, and affiliates, or any third party mentioned on the website is limited to the extent of actual damages incurred by user, not to exceed 1,000 US Dollars.

In the event, the jurisdiction does not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, the limitations above may not apply.

Disclaimer

1. General Disclaimer:

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

BeMedique LLC its subsidiaries, affiliates, and its licensors do not warrant that

(i) the Service will function uninterrupted, secure or available at any particular time or location;

(ii) any errors or defects will be corrected;

(iii) the Service is free of viruses or other harmful components;

(iv) the results of using the Service will meet your requirements.

2. Content Disclaimer:

This website offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.

Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this website. The use of any information provided on this website is solely at your own risk. BeMedique does not make any advice on the platform. BeMedique does not advise to contact physicians, practitioners for alternative medicine, coaches, and other experts, to do or to buy specific tests, services or products, to use or to follow any information or opinion written on the website.

3. Affiliate Disclaimer:

This affiliate disclosure details the affiliate relationships of BeMedique LLC with other companies and products.

Some of the links on are “affiliate links”, a link with a special tracking code. This means if you click on an affiliate link and purchase the item, we will receive an affiliate commission.

The price of the item is the same whether it is an affiliate link or not. Regardless, we only recommend products or services we believe will add value to our readers.

By using the affiliate links, you are helping support the www.bemedique.com website, and we genuinely appreciate your support.

Affiliate advertising programs that www.bemedique.com uses are:

  • Google Ads

The information contained on www.bemedique.com website (the “Service”) is for general information purposes only.

BeMedique LLC assumes no responsibility for errors or omissions in the contents on the Service.

In no event shall BeMedique LLC be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. BeMedique LLC reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.

BeMedique LLC does not warrant that the website is free of viruses or other harmful components.

4. External Links Disclaimer:

www.bemedique.com website may contain links to external websites that are not provided or maintained by or in any way affiliated with BeMedique LLC. Please note that the BeMedique LLC does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Sufficient Notice / Contact Obligation

In the event of the infringement of user’s personal or intellectual property rights caused by BeMedique LLC, or by BeMedique LLC’s subsidiaries, licensors, third-party, or other users the infringed user is required to:

1. contact BeMedique’s Dispute Resolution Agent to the e-mail address: dispute.resolution@bemedique.com, and

2. provide the following information in English, before any dispute and within seven days after knowledge of the infringement:

a. Contact data: name, address and e-mail address;

b. Detailed description of the violation;

c. Evidence material of existence of infringement;

d. Assurance “under penalty of perjury,” that the provided evidence material is not counterfeit or unreal.

An electronic equivalent signature of the infringed user.

Dispute resolution

Mediation: Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure. The place of mediation shall be Austin, Texas. In the event, the mediation can´t be executed in Austin, Texas, the mediation shall be completed online (online mediation). The language to be used in the mediation shall be English. The dispute, controversy or claim shall be decided in accordance with the law of Texas, United States.

Negotiation and Arbitration: Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration in accordance to WIPO Expedited Arbitration Rules. The place of negotiation and arbitration shall be Austin, Texas. In the event, the negotiation and arbitration can´t be executed in Austin, Texas, the negotiation and arbitration shall be realized online.The language to be used in the negotiation and arbitration shall be English. The dispute, controversy or claim shall be decided in accordance with the law of Texas, United States.

Arbitration Costs: The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by both parties equal parity, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.

Governing Law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Miscellaneous

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a arbitration, the remaining provisions of these Terms will remain in effect.

These Terms of Use and the BeMedique Privacy Policy constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Contact Us

If you have any questions about these Terms, or problems and questions with the website, please contact: info@bemedique.com

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