Bizkook Travel has separate Terms of Service for our Community Members and our participating Health Care Providers. These are detailed below.
Last modified on April 2, 2023
Please carefully read these Bizkook Travel Terms of Service (“Terms”). These Terms are between you (“you” or “your”) and Bizkook Travel, (“Bizkook Travel,” “we” or “our”). The use of “you” or “your” in these Terms may refer to Bizkook Travel community members, a health care provider accessing the Site (as defined below) as a consumer, or anyone accessing the Site (as defined below). These Terms govern your use of the website, www.Bizkook Travel.com, and the services, information, and products available on or through the website (collectively, “Site”) whether you access the Site through your computer, mobile device, tablet or any Bizkook Travel app.
You accept and agree to be bound by these Terms, the Bizkook Travel Privacy Policy, Code of Conduct and any other policies in place when you access or use the Site, or by clicking to accept when you sign up for a service, make a purchase or register for an account with Bizkook Travel. If you do not agree to abide by or be bound by these Terms or any of the other policies of Bizkook Travel, do not sign up for a service, make a purchase, register for an account, or access or use the Site.
Bizkook Travel reserves the right to change the Site, these Terms and other policies. If Bizkook Travel makes material changes to these Terms or other policies, then Bizkook Travel will either notify you by email or by posting a notice on the Site prior to the effective date of the changes. Bizkook Travel will also indicate on this page the date these Terms were last updated. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of April 2, 2023 and supersede all previous versions of the Bizkook Travel Terms of Service. If any section or portion of these Terms shall be deemed invalid, void or for any reason unenforceable, then that section of the Terms shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future terms, you may not use or access the Site.
The content (which includes any text, graphics, images or other material contained, accessed or entered on the Site by you or a health care provider (“Content”) is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. Any communication between you and health care providers on the Site (including any responses by health care providers to questions posted on the Site or through any feature available on the Site) is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information (including any links to third party websites containing any information about health care providers) or Content provided on the Site, whether or not it is provided by a health care provider, is solely at your own risk. You should always seek the advice of your healthcare provider for any questions you may have about your own medical condition.
You may use the Site only to post reviews (including photos and videos) based on your own personal experience, to communicate with other community members about questions on personal care, beauty, and wellness and to post questions on the Site. You may only use the Site for personal, non-commercial uses, and you may not use the Site to advertise or promote a product, service, procedure, business, health care provider or another person.
You may not use the Site:
If you are under 18.
In any way or for any purpose that is against any local, state, federal or any other applicable laws.
In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “Bizkook Travel Parties”), or any customer of a Bizkook Travel Party;
To exploit, solicit or harm minors;
To copy any Content from the Site, including, but not limited to, photographs, and post those photographs or other Content on another third-party website.
To post or submit any Content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
To promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
To post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information about you or any other person on the Site;
To provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
To register for multiple accounts or use the account of another person without their authorization;
To impersonate or pretend to be any person other than yourself, including to impersonate or pretend to be a health care provider;
To attempt to solicit business or direct website visitors to a non-Bizkook Travel site for commercial purposes or spamming any Bizkook Travel health care providers, community members or other users;
You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site;
To post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
To attempt to interfere with or disrupt the Site or any person’s ability to use the Site;
To create and upload reviews or comments in exchange for monetary compensation or other incentive; or
For any purpose for which the Site is not intended.
We may tell you about certain specific harmful or additional prohibited uses in our Code of Conduct or other notice available through the Site. We have, however, no duty to do so. You agree to abide by any Code of Conduct or other notices we provide, which may be changed occasionally. Without limiting the foregoing, you agree to abide by these Terms, the Code of Conduct and any other policies Bizkook Travel has in place. Any use of the Site other than as specifically authorized herein, without the prior written permission of Bizkook Travel, is strictly prohibited.
In addition, Bizkook Travel is not obligated to enforce these Terms against another user, health care provider or other third party on your behalf. If you believe another user, health care provider or other third party has violated these Terms, then please contact Bizkook Travel by using our contact form. Bizkook Travel reserves the right to investigate the matter and take whatever action Bizkook Travel deems appropriate in its sole discretion.
In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account (“Service Account”). It is your responsibility to maintain the confidentiality of your Service Account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Site or your Service Account. You agree to provide Bizkook Travel with accurate, current and complete information about yourself as may be prompted in any registration forms on the Site and promptly update any such information to keep it accurate, current and complete. Bizkook Travel reserves the right to refuse to provide services to anyone, including terminating your Service Account and/or preventing you from using services, making purchases, or accessing the Site or your Service Account, with or without cause, at any time and in its sole discretion.
By using the Site, you consent to receive emails from Bizkook Travel, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the My Profile section of the Site. You may change such preferences by changing your account settings on the email and notifications page of the My Profile section of the Site or via the unsubscribe link in all commercial emails. Please note that as long as you maintain a Service Account, you may not “opt out” of receiving service or account-related emails from Bizkook Travel and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may be able to post or submit reviews, comments, questions, direct messages, photographs, videos (including videos created through a third-party tool) and other materials on or through the Site (collectively, “Submission” or “Submissions”). Your Submissions, (including to the extent applicable personally identifiable information), are made voluntarily and are subject to the Bizkook Travel Code of Conduct and the Bizkook Travel Privacy Policy. You understand Bizkook Travel is not required to treat any of your Submissions as confidential. In addition, you understand and agree that your Submissions (including your username associated with your Submissions) are not confidential and are publicly available for anyone to view on the Site.
Bizkook Travel does not claim ownership of the Submission(s) you post or submit on the Site. With the exception of any information you directly submit through a health care provider’s profile or inquiry form, by posting or otherwise providing your Submission on the Site, you are hereby expressly granting Bizkook Travel a nonexclusive, irrevocable, worldwide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Submission, in connection with the Site and the Bizkook Travel business, including without limitation promoting and redistributing part or all of the Site or the Bizkook Travel business, in any media formats and through any media channels now known or hereafter developed. You also grant Bizkook Travel permission to publish and use your name, likeness and voice in connection with your Submission. In addition, by uploading a Submission to the Site, you hereby waive any rights of privacy or publicity. You also grant Bizkook Travel the right to grant any of the above rights to other persons or entities, including for the purpose of promoting the Site or the Bizkook Travel business, without any compensation or obligation to you. You also grant Bizkook Travel the right and authority to send takedown notices (on your behalf) related to your Submission to any individual or entity under the Digital Millennium Copyright Act.
Bizkook Travel will not pay you for your Submission. You also understand and agree that Bizkook Travel may, in its sole discretion, refuse, or remove part or all of your Submission from the Site at any time if Bizkook Travel considers the Submission to be illegal, offensive, harassing, infringing, inappropriate or otherwise violates these Terms or the Bizkook Travel Code of Conduct or other policies. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licenses and permissions in this section and that you are solely responsible for the content of your Submission. Further, you represent and warrant that your Submission does not violate any law.
Bizkook Travel reserves the right to review and monitor Submissions but is under no obligation to do so. In addition, Bizkook Travel is not responsible for screening, monitoring or editing Submissions. However, we may monitor your Submissions and may disclose information about you, including the contents of such Submission, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other Bizkook Travel guidelines or policies; or (3) protect the rights, property, or interests of Bizkook Travel, its employees, its users, or the public.
You may also request information directly from a specific health care provider by submitting an inquiry through their profile or inquiry form. You understand these requests, including personally identifiable information, are made voluntarily and are subject to the Bizkook Travel Privacy Policy. There is no guarantee that a health care provider will respond to any request submitted through their profile or inquiry form. In addition, by submitting a request to a health care provider through the Site, you understand that Bizkook Travel may contact you by phone, email or text message about your request. All standard message and data charges will apply to any text messages.
Bizkook Travel does not have any responsibility, including editorial control, of any content posted by other Bizkook Travel community members, health care providers or other third party content providers on the Site. The statements or content posted by Bizkook Travel community members, health care providers or other third party content providers on the Site are those of the community members, health care providers or other third party content providers and are not the opinion of Bizkook Travel. Bizkook Travel does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the Bizkook Travel community members, health care providers or other third party content providers on the Site. The Bizkook Travel community members, health care providers and other third party content providers are solely responsible for the content posted by them respectively.
Bizkook Travel does not endorse or recommend any specific content, procedures, products, opinions, health care providers or any other material or information available on the Site. In addition, the health care providers featured on the Site are not employees or independent contractors of Bizkook Travel and Bizkook Travel does not make any warranties about the qualifications of the health care providers or the costs of the procedures or products featured on the Site.
There may be medical related or health related materials posted by Bizkook Travel community members, health care providers or other third parties that contains nudity. If you find these materials to be offensive, then you may want to use the Site in such a way as to limit your viewing of this material.
If you believe that your Submission or any other work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Bizkook Travel, at hello@bizkooktravel.com or Copyright Agent, Bizkook Travel. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Bizkook Travel to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of the notice described above, Bizkook Travel will take whatever action, in its sole discretion, it deems appropriate, including removing the alleged infringing material from the website.
Health care providers must have consent from individuals and comply with all applicable laws (as well as the HCP Terms, Privacy Policy, Code of Conduct and the Health Care Provider Photo & Video Guidelines) before uploading, submitting or posting any photographs or videos of individuals on the Site. If a health care provider or other third-party has submitted, uploaded or posted a photograph or video of you on the Site and you want that photograph or video removed from the Site, please contact Bizkook Travel at hello@bizkooktravel.com. Please provide the following information about the photograph or video in order for Bizkook Travel to be able to identify the photograph: (1) identify the photograph and provide Bizkook Travel with enough detail about the photograph so Bizkook Travel can locate it on the Site; (2) provide a statement that you have a good faith belief that the photograph is of you and was either not authorized to be uploaded, posted or submitted to Bizkook Travel or your health care provider had permission to upload, post or submit the photograph but you no longer want the photograph displayed on the Bizkook Travel Site; (3) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the person in the photograph or that you are authorized to act on behalf of the person in the photograph; (4) provide information reasonably sufficient to permit Bizkook Travel to contact you, such as an address, telephone number, and email address and (5) your physical or electronic signature.
The Site may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Site through a Third Party Website. Third Party Websites are not under the control of Bizkook Travel and Bizkook Travel does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk and these Terms, Privacy Policy, Code of Conduct and any other policies do not apply or govern any Third Party Website. You expressly relieve Bizkook Travel of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties (including health care providers) found on the Site, including payment and delivery of goods or services or any other terms (such as warranties) are solely between you and the third parties. You agree that Bizkook Travel shall not be responsible to you for any loss or damage of any kind relating to your dealings with such third parties.
Bizkook Travel grants you a limited, personal, revocable, non-assignable and non-exclusive license to use the Site. Bizkook Travel owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site (“Bizkook Travel Content”), excluding your Submissions. Bizkook Travel owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Bizkook Travel Content and the Site which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, disassemble, publicly display or create derivative works based on any of the Bizkook Travel Content in whole or in part, or the Site except as expressly authorized in writing by Bizkook Travel. In addition, Bizkook Travel does not grant any express or implied rights in and to the Site or Bizkook Travel Content, and all rights in and to the Site and the Bizkook Travel Content, are retained by Bizkook Travel.
Bizkook Travel provides the site, the Bizkook Travel content and all information, materials, products, and other content available on and through the site on an “as is” and ” as available” basis “with all faults.” Bizkook Travel disclaims all warranties of any kind (whether express or implied) as well as any guarantees or conditions related to the site. without limiting the foregoing, to the fullest extent permitted by law, Bizkook Travel disclaims all express and implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. Bizkook Travel does not represent or warrant that the site or any electronic communication from Bizkook Travel will be uninterrupted, error-free or free of viruses or other harmful components or defects. In addition, Bizkook Travel expressly disclaims any and all responsibility and liability with respect to separate agreements you may make with healthcare providers or other third parties and you will look solely to such persons and/or entities with respect to any and all claims arising out of such agreements. further, Bizkook Travel does not represent or warrant that the site or the content available on the site will assist you in finding a suitable healthcare provider or for any other purpose. you understand and agree that your use of the site is entirely at your own risk. While Bizkook Travel takes reasonable physical, technical and administrative measures to secure the Bizkook travel site, Bizkook Travel does not guarantee that the Bizkook travel site cannot be compromised.
To the extent permitted by law, in no event will Bizkook Travel or the Bizkook Travel parties be liable to you or to any third party for any indirect, consequential, special, incidental, exemplary, or punitive damages (including, but not limited, to lost profits and damages that result from inconvenience, delay or loss of use) arising out of or relating to the use of the site even if Bizkook Travel or any of the Bizkook travel parties have been advised of the possibility of such damages. in addition, in no event shall Bizkook Travel be liable to you or to anyone for any decision made or action taken by a party (including, without limitation, by any user or community member) in reliance on any content or other information about health care providers, procedures, treatments, or products posted on the site. Bizkook Travel shall not be liable for any damages, delays, or non-performance caused by factors or activities beyond its reasonable control, including delays and nonperformance caused by viruses, denial of service attacks, other acts or omission of third parties, internet service provider failures, strikes, lockouts, work slowdowns or stoppages, accidents, fires, terrorism, acts of god, government restrictions, mechanical, electronic or communications failures, war or insurrection.
Notwithstanding anything in these terms, the aggregate liability of the Bizkook Travel parties to you in connection with the site (including any third-party content on the site) and these terms will be limited to the amount, if any, paid by you to Bizkook Travel in the six (6) months prior to the act that gave rise to the liability, even if Bizkook Travel has been advised of the possibility of any of the foregoing types of losses or damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
We may change the Site or delete features of the Site at any time and for any reason without notice in our sole discretion. We are not obligated to provide maintenance, technical support or updates to you for the Site, but we may provide these in our discretion. We may terminate or suspend your use of the Site at any time in our discretion. Our termination or suspension may be without cause and/or without notice. You may terminate your use of the Site and close your Service Account at any time, with or without cause, upon notice to us as specified in the customer support or “contact us” area. Upon termination, your right to use the Site ceases immediately. Once your use of the Site is terminated or suspended, any data you have stored on the Site may not be retrieved later. In addition, even if you stop using the Site or your account is suspended by Bizkook Travel, Bizkook Travel may continue to show some or all of your Submissions.
Bizkook Travel controls and operates the Site from its offices in ….. and Bizkook Travel does not represent that the Site, the Content, the Bizkook Travel Content or the Submissions by either health care providers or community members, are appropriate, available or may be downloaded for use outside the ….. If you are located outside the … and you use the Site and the Service, then you are responsible for complying with all of your local laws if and to the extent your local laws are applicable. These Terms and the Site are governed by …. law and the laws of the…. , excluding any conflicts of law provisions. Registering for a Service Account, purchasing a product, accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in King County, Washington and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of King County, Washington.
You agree to indemnify and hold harmless Bizkook Travel and the Bizkook Travel Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) your Submissions or any other Content you post or submit to or through the Site; (b) your use of the Site; (c) your conduct in connection with the Site or with other users of the Site, and; (d) any violation of these Terms, any other Bizkook Travel policy or of any law or the rights of any third party.
Any dispute, claim or controversy arising out of or relating to these Terms, Bizkook Travel or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration or in small claims court.
If you elect to seek arbitration or file an action in small claims court, you must first send a written Notice of your claim (“Notice”) to us at the address below. Your Notice must describe the nature and basis of your claim and set forth the specific relief you are seeking. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bizkook Travel may commence an arbitration proceeding or file a claim in small claims court.
Any such Notice must be submitted to us within one (1) year after the claim at issue arose; otherwise, to the maximum extent permitted by law, the claim is permanently barred.
Small claims actions may be filed in the county in which you live. Arbitration hearings shall be held in King County, Washington before one arbitrator, but you may choose to have the arbitration conducted by telephone or via written submissions. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.
Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
You also agree that Bizkook Travel may bring suit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Site, or any infringement or other misuse of intellectual property rights.
You may contact us by e-mail or postal mail. Your notices to us must be addressed as stated in the hello@bizkooktravel.com or “feedback” area for the Site or by postal mail at the following address:
Bizkook Travel,
Address
This contract is in electronic form. There may be other information regarding the Site that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may terminate your ability to use the Site. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Site (or subsequently provided when updating your account information), (2) by access to a Bizkook Travel website that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a Bizkook Travel website that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site immediately.
If you are accessing Bizkook Travel from a mobile device using any Bizkook Travel Mobile Application (collectively, the “Bizkook Travel App”), then you agree to these Terms. In addition, Bizkook Travel grants you the right to use the Bizkook Travel App for your personal use only. You must comply with all applicable laws and third-party terms when using the Bizkook Travel App (e.g., your wireless data service agreement or Apple terms). The Bizkook Travel App may not contain the same functionality as is available on the Site.
Bizkook Travel retains and owns all right, title and interest in and to the Bizkook Travel App, including, but not limited, to all rights under copyright, trademark, trade secret, patent and any other proprietary rights. You agree not to modify, adapt, translate, reverse engineer, create derivative works from, decompile, disassemble or otherwise remove any intellectual property notices from the Bizkook Travel App.
Apple is not responsible for the Bizkook Travel App or any content associated with it. Apple is also not responsible for addressing any claims you make regarding the Bizkook Travel App or providing any maintenance or support services for it.
These Terms constitute the entire agreement between you and Bizkook Travel regarding the use of the Site, and supersedes any prior agreements between you and Bizkook Travel relating to your use of the Site. The failure of Bizkook Travel to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services at Hello@bizkook.com
Last updated: April 2, 2023
