Terms of Service
Please read the following carefully. By clicking the “I Agree” button located in the contract message box on the website, you are signing this document electronically and are therefore bound by the terms of this Agreement, in compliance with the provisions of California’s Uniform Electronic Transactions Act, Civil Code sections 1633.1 to 1633.17, as amended, or such successor act or legislation as may be in place at the time this agreement is entered into.
By requesting services from us, you certify and warrant that all information that you provide to us will be accurate, complete and current and that you are not and have not knowingly provided us with any false information.
You agree to pay all charges incurred by users of your credit card, debit card, check or other payment method, as well as for use of your account by others, used in connection with a transaction with us, at the prices in effect when such charges are incurred. You shall pay any applicable taxes, charges, fees, duties and assessments, if any, relating to any such transactions or other monetary transaction interactions arising out of your use of our Website.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU SHALL BE SOLELY LIABLE FOR ANY AND ALL DAMAGES OR HARM ARISING FROM YOUR USE OF OUR WEBSITE. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, BPG AND ITS AFFILIATES AND/OR SUPPLIERS DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR, INACCURACIES RELATING TO THE INFORMATION ON THE WEBSITE.
BPG AND ITS AFFILIATES AND/OR SUPPLIERS, IF ANY, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BPG AND ITS AFFILIATES, AND/OR SUPPLIERS, IF ANY, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE THIRD PARTY SUPPLIERS PROVIDING SERVICES FOR BPG, IF ANY, ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BPG OR ITS AFFILIATES. BPG AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BPG AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL BPG OR ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR OPPORTUNITIES, LOSS OF INFORMATION, ANY DIRECT OR INDIRECT ECONOMIC, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR THE SERVICES ORDERED USING THIS WEBSITE, OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BPG OR ITS AFFILIATES AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES.
This document was last updated on April 18, 2013.
© 2015 Berkeley Patients Group, Inc., All rights reserved.