Terms & Conditions
Welcome to the GLOBAL SURGICAL SOLUTIONS, LLC ("GSS", "we", "our" or "us") Web site (the "Site"). PLEASE READ THIS USER AGREEMENT AND THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE USING THIS SITE. The following User Agreement governs your access to and use of this Site and the information, and other content available on or through this Site. Your use of this Site is expressly conditioned on your acceptance of the following terms and conditions. By using this Site, you signify your assent to this User Agreement. If you do not agree with any part of the following terms and conditions, you must not use this Site.
We reserve the right, at our sole discretion, to change our User Agreement from time to time. Your continued use of this Site after such changes take effect will be deemed to constitute your acceptance of our new User Agreement.
By using, to include accessing and browsing, our Site, you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you. Therefore, you should carefully review the terms and conditions of this User Agreement each time you use our Site. If the terms and conditions of this User Agreement are not acceptable to you, you should not use our Site.
Use of Site
Subject to the terms and conditions set forth in this User Agreement, we hereby grant to you a non-exclusive, limited, non-transferable and revocable license to view, print and download content from our Site solely for your personal and noncommercial use solely for purposes of enabling you to purchase products or services offered through our Site. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any content or other materials obtained or obtainable on or through our Site.
Our Services
GSS is a consulting firm which specializes in medical treatment packages to India and other countries. In this role, we research and gather publicly available information and provide this information to you for your personal use in making a more informed decision about your medical treatment options in India.
Not a Medical or Travel Service
GSS is not a medical service and does not endorse, recommend, or approve any travel agency or healthcare provider listed in the Site. We are not medical professionals and will not discuss or advise any issues relating to medical treatment. We facilitate contact with, and provide information about doctors outside the US 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 medical doctor in the United States, before making a decision on medical treatment outside the United States. Through our medical tourism affiliates around the world and our in-depth research we provide information about available medical treatment and recuperation packages to assist you making an informed decision.
You agree to assume all responsibility in connection with choosing any doctor for your desired procedure. We assume no responsibility or liability for any treatment or other services rendered by any doctor, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
Global Surgical Solutions, LLC will not and does not claim to arrange any travel by air or sea. You agree that it is your responsibility to make any and all travel arrangements for all overseas destinations. However, GSS will make accommodation and transportation arrangements once you reach your medical tour destination.
Age and Responsibility
As a condition of your use of our Site, you agree that you will not use our Site for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you are at least 18 years old and posses the legal authority to enter into this User Agreement and to use our Site in accordance with the terms and conditions of this User Agreement.
Privacy Policy
The information that we collect from our users is used only to facilitate the selection of desired destination and medical procedure. We do not sell or share your information to any third party at any time without your permission. The protection of our users' personal information is extremely important to us. Therefore, we have adopted a privacy policy outlining our personal information collection and use practices (the "Privacy Policy"). Please refer to it for details about how we collect and use personal information from users of this Site. Any changes to the Privacy Policy will be posted on this Site, and you should periodically consult this Site to stay apprised of any such changes.
Links to Other Sites
Our Site may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave our Site to access these third party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Payment Terms
All participants will be required to make payment in accordance with hospital policy. The hospitals will require either a deposit or payment in full to be paid prior to undergoing any surgical procedure. A final bill will be presented prior to discharge. It is the participant’s responsibility to settle any interim and final bill(s) in full prior to discharge. GSS will not be responsible for any payments or fees to the hospital or physicians.
Cancellation & Changes
Because of the special nature of the medical tour packages featured in this Site, our affiliates impose variable cancellation fees. You agree that GSS has no control over such fees and cannot consider making any exceptions to these charges. When the medical treatment and destination are booked, GSS will inform participants in writing the cancellation fees and charges for their particular package.
Airfares are subject to different rules and cancellation fees; some maybe non-refundable. To protect against cancellation charges, we strongly recommend purchasing Cancellation Protection and Travel Interruption Insurance.
Travel Documents
All participants must be in possession of a valid passport during time of travel. Depending on length of visit, a Visa may be required for some or all of the countries visited. Please check your visa requirement at time of booking. GSS will provide visa information when applicable.
Prices, Rates, and Fares
Unless otherwise indicated all prices, rates shown are in United States Dollars and are per person. These prices are in effect for 2006 and are subject to change at any time prior to departure.
Disclaimers
GSS AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. WE STRIVE TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION POSSIBLE. THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
GSS AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER GSS NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM GSS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW We assume no responsibility nor do WE grant any warranties, express or implied relating to the operation, safety, condition or service of any physician, health care provider, hospital, aircraft, motor vehicle, boat, other conveyance, inn, lodge, or hotel and/or products associated with such entities or services that are used wholly or in part by, for or on behalf of you. We 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 there from.
Limitations of Liability
YOU AGREE THAT NEITHER WE NOR OUR INTERNATIONAL AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY SERVICES OBTAINED ON THIS SITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL GSS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the foregoing, GSS or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Site or its content, the liability of GSS and the third party providers and distributors shall in no event exceed, US$100.00. In its sole discretion, in addition to any other rights or remedies available to GSS and without any liability whatsoever, GSS at any time and without notice may terminate or restrict your access to any component of this Site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to defend, indemnify, and hold harmless GSS and our affiliates, and our and their respective directors, officers, members, employees, agents, representatives, attorneys, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of this Site, any Site materials, or services obtained on or through this Site, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of our Terms & Conditions.
Relationship
The relationship between GSS and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Attorney’s Fees
If GSS or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Injunctive Relief
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to GSS as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that GSS shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by GSS in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Termination
GSS may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this Site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which GSS and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to GSS and its third party providers or distributors, as applicable.
Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Modification
GSS may at any time modify these terms and conditions and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
Additional Terms
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions.
Severability
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Headings
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
Entire Agreement
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
Venue
You agree that this User Agreement shall be governed by and construed in accordance with the law of the State of Texas. We agree that any legal action or proceeding under or with respect to this agreement may be brought in the courts of the State of Texas or the United States having jurisdiction in Dallas County; and for the purpose of any such legal action or proceeding, you hereby submit to the jurisdiction of such courts. You hereby agree not to raise and waive any objection to or any defense based upon the venue of such courts and any objection or defense based upon an inconvenient form. You also agree not to bring any legal action or proceeding under or with respect to this agreement outside Dallas County, Texas unless, for some reason, the courts of the State of Texas and the federal courts having jurisdiction in Dallas County refuse or do not have jurisdiction in the matter.
Copyright and Ownership
Copyright ©Global Surgical Solutions, LLC All Rights Reserved All of the Site materials, including the content and display of this Site are the property of GSS. This Site and the content provided in this Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of GSS, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this Site for your personal, non-commercial use only. The Site materials are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations. Other names and logos contained in this Site or in the Site materials are trademarks and service marks of our affiliates and may not be used without the permission of the trademark or service mark owner.
Global Surgical Solutions, LLC
PO Box 631278
Irving, Texas 75063-1278
Tel: 888-234-1361
Fax: 972-831-8445