Please read these Terms of Use carefully before using the Site.

These Terms of Use govern your use of the MarketCare, LLC website, including the website currently located at www.marketcare.com (collectively “Site” or “Sites”).

MarketCare.com is a comprehensive directory of healthcare facilities and gives access to medical procedure and services pricing information and the opportunity to receive quotes for specific medical procedures and services from participating providers. By using this site, you agree to these Terms of Use included herein and as updated from time to time. If you do not agree to these Terms of Use, you may not use the Site.

This Site Does NOT Provide Medical Advice

This site does not provide medical advice, nor recommend or endorse any of the health care providers responding to inquiries submitted through the site. MarketCare, LLC does not evaluate whether any health care provider accessible through this site possesses the education, experience, licensing requirements or competency to provide health care required to meet your needs. MarketCare, LLC does not recommend or endorse any health care provider accessible through this site in any capacity. While this site matches health care providers who have indicated an ability to assist you with your health care needs, the selection of a health care provider and the evaluation of the provider’s ability to fully and competently meet your needs is your decision for which you assume all responsibility. Reliance on any information obtained from the use of this site or from any of the health care providers accessed through this site is solely at your own risk.

The content of this site, including all text, graphics, images, information and other material (“Content”) contained on the site, are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician if you have questions about your health. The Content is for general informational purposes only and is not to be taken as medical advice or treatment information. WHILE MARKETCARE, LLC STRIVES EARNESTLY TO UPDATE THE CONTENT, ANY INDIVIDUAL USE AND/OR RELIANCE ON THE CONTENT IS AT YOUR OWN RISK.

Use of the Site and Content

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by MarketCare, LLC and its applicable licensors. The Site is provided for your personal use only and is protected under both United States and foreign laws. Title to the Content remains with MarketCare, LLC or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.

Disclaimer of Liability of MarketCare, LLC and Its Licensors

The use of the site and its Content is at your own risk. MarketCare, LLC does not guarantee the accuracy of the Content. MarketCare, LLC disclaims all liability or responsibility for injury or impairment experienced by you if you utilize any of the health care providers accessed through this site.

When using the site, information is transmitted over the Internet, a medium which is beyond the control of MarketCare, LLC. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site.

The site and the Content are provided on an “as is” basis. MarketCare, LLC and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose.

Specifically, MarketCare, LLC makes no representations or warranties about the following:

  1. The education, experience, licensing status or competency of any of the health care providers responding to inquiries submitted through the site to provide the health care needed to meet your needs.
  2. The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site.
  3. The satisfaction of government regulations requiring disclosure of information on medical services with regard to the Content contained on the site.

In no event will MarketCare, LLC be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any health care provider accessed through this site, whether based on warranty, contract, tort, or any other legal theory and whether or not MarketCare, LLC is advised of the possibility of such damages.

In no event shall MarketCare, LLC, its licensors, or any third party(ies) mentioned on the site be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not MarketCare, LLC is advised of the possibility of such damages. MarketCare, LLC is not liable for any personal injury, including death, caused by the use or misuse of the site or the Content.

User Registration and Submissions

Registration on MarketCare, LLC.com is free for Users and any personally identifiable information you submit to the Site is governed by the Site Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is non-confidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.

Limitation of Liability

YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MARKETCARE, LLC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.

Exclusions and Limitations

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 and disclaimers may not apply to you. To the extent MarketCare, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MarketCare, LLC’s liability shall be the minimum permitted under such applicable law.

Indemnity

You agree to indemnify, defend, and hold harmless MarketCare, LLC, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information or content you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account’s) use of the Site; (c) your (or anyone using your account’s) violation of these Terms of Use; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, other intellectual property, or proprietary rights of any person or entity. MarketCare, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MarketCare, LLC in asserting any available defenses.

Modification to the Site

MarketCare, LLC reserves the right to modify or discontinue the Site with or without notice to you. MarketCare, LLC shall not be liable to you or any third party should MarketCare, LLC exercise its right to modify or discontinue the Site.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with or in any way relating to your use of the MarketCare, LLC site, resides in the Courts of The State of Texas, and Travis County and further agree and expressly consent to the exercise of personal jurisdiction in the Courts of The State of Texas, and Travis County in connection with any dispute including any claim involving MarketCare, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the laws of the State of Florida, without respect to its conflicts of law principles. If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Terms of User Changes

MarketCare, LLC may, in its sole and absolute discretion, change these Terms of Use from time to time. MarketCare, LLC will post a copy of the Terms of Use as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.