By using this Website, the Platform and/or the Services, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Service.
1. CHANGES TO THE TERMS OF SERVICE
2. ELIGIBILITY TO USE OUR WEBSITE, PLATFORM, AND SERVICES
Only adults, who are at least eighteen (18) years of age, are eligible to use our Website, Platform, and Services. In addition, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By using the Website, Platform, and Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth therein.
If you would like to create an account or contribute content, then you may be required when you set up your account to select a password and provide us with some personal information, including but not limited to: full name, password, location, and email address.
If you are a licensed medical professional and wish to create or edit your profile on the Website, then in addition to setting up your account and providing personal information to us, you represent and warrant (a) that you are a medical professional, (b) that you have the necessary licenses to practice in your field; (c) that the information that you provide to us when you add a listing or update an existing listing is accurate and truthful; and (d) that you are in good standing with your local licensing authority. In the event that there is a change in your status or you become the subject of any disciplinary action while you have an active profile on Doctor.com, you are solely responsible for updating your listing to reflect the new status and you must immediately notify Doctor.com of such change. You may submit credentials on behalf of a licensed medical professional, provided that you warrant and represent that you are an employee or associate of a hospital, private practice, or other recognized medical organization who possesses the written permission of said provider to submit his or her medical credentials and other personal and professional information to this Website.
Unless the licensed medical professional account is created by an approved Doctor.com industry partner, you will be required to submit valid medical credentials for verification against our database and/or review by our validations team. Such medical credentials may include but are not limited to: National Provider Identifier (NPI) numbers, Unique Physician Identifier Numbers (UPIN), state or federal license numbers, and the providers name, practice or hospital name, and his or her contact information.
We reserve the right to immediately suspend, cancel, edit, and/or erase any account or listing on the Website which we deem to be invalid or fraudulent or which we choose, in our sole discretion, not to include on the Website. Furthermore, we, at our sole discretion, reserve the right to edit or remove any biographical information or data that has been submitted or posted to the Website if we believe the information to be deceptive, inaccurate, improper, or fraudulent.
In cases where we believe that a provider's credentials may have been used fraudulently, maliciously, inaccurately or improperly, we reserve the right to take all necessary action to protect the Website and the provider, including but not limited contacting the provider to verify his or her credentials and intention to share such information with this Website, contacting local law enforcement authorities to investigate cases of suspected identity theft or fraud, and appropriate legal action.
4. ACCOUNTS & PASSWORDS
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to (a) control the dissemination and use of activation codes and passwords; (b) authorize, monitor, and control access to and use of your account and password; (c) promptly inform us if you believe that your password has been stolen or if you require your password to be deactivated for any other reason. You grant us and all other persons or entities involved in the operation of the Website, Platform, and Services, the right to transmit, monitor, retrieve, store, and use your information. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Website tools and services.
(a) Free or Paid Subscriptions. We offer to end users and health professionals certain free and paid subscriptions. Paid subscriptions provide features not available with a free subscription, and in addition to being subject to this Terms of Service may also be subject to additional terms and conditions which will be provided to you in an additional subscription agreement. For the purposes of these Terms of Service, end users or health professionals having free or paid subscriptions to the Website shall be referred to as “Subscriber(s).”
6. LIMITATIONS AND CANCELLATIONS.
We may at any time create limitations of your use of the Website, Platform, or Services including, but not limited to, the number of times you can access the Website, Platform, or Services. We may also cancel your account at any time in our sole discretion and remove and discard any Content that you posted. The following may also result in termination or restrictions on your account in our sole discretion:
You may also elect to terminate your own account, which you can do at any time by e-mailing email@example.com with “Account Removal” in the subject of your email. If you send us a termination request, you should include your account email address in the body of your message, along with your request to have the account removed. We may require you to verify your termination notice by sending us an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. We will respond to your email with a confirmation once your account has been terminated. Once your account has been terminated, you will no longer be able to access your account.
You agree that we shall not be liable to you for any cancellation, limitation, or termination of your access to our Website, Platform or Services. Upon any cancellation or termination, you will not be charged for any new subscription fees that would have otherwise been incurred following the cancellation or termination date.
7. PROHIBITED CONDUCT
Our Website, Platform, and Services should be used only for lawful purposes. We specifically prohibit you from engaging in any of the following conduct:
(a) Posting text, files, images, audio, other copyrightable materials, or content (collectively "Content") which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(b) Posting Content that contains photos or videos of someone else unless you have his or her explicit permission;
(c) Posting Content which violates any state, federal or other law;
(d) Posting Content which threatens, harasses or is libelous;
(e) Posting Content which is harmful to minors;
(f) Posting Content that contains self-benefiting advertising or marketing (except as permitted as part of a Website listing or other Website product);
(g) Posting Content that produces software viruses or code harmful to other computers;
(h) Posting Content that disrupts the normal dialogue of users at the site with harmful or excessive disruptive Content;
(i) Posting Content that includes misleading, false, or defamatory information;
(j) Posting Content which uses forged headers or other items to manipulate identifiers in order to disguise the origin of Content;
(k) Posting or submitting to the Website or Platform any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
(l) Disclosing or sharing your password with any third party or allowing a third party to access a password-protected portion of the Website;
(m) Posting Content or initiating communications which are unlawful, abusive, obscene, discriminatory, or otherwise objectionable;
(n) Sharing information or initiating communications with information you are under an obligation not to disclose;
(o) Taking any action that disrupts, tampers with, interferes with, or imposes an unreasonable burden on the Website or Platform’s infrastructure, servers, data, or network or those of any third party via our Website, Platform, or Services;
(p) Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox and Safari);
(q) Using any means of automatically searching or mining data from the Website or Platform, or in any way attempting to interfere with the proper working of the Website, Platform, or Services;
(r) Stalking, harassing, or threatening any customer or visitor to this Website or Platform; or
(s) Collecting or storing personal information about any customer or visitor of this Website;
(t) Using any scheduling, communications, or transactional services on the Website or Platform in an abusive or improper manner or in any way that disrupts or impedes the intended use of such features by other users and/or providers.
We reserve the right to suspend, block, or cancel your account in the event that you engage in any of the prohibited conduct set forth above. You agree not to decompile or reverse engineer or otherwise attempt to discover any source code contained in the Website or Platform. Unless you receive explicit permission, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website, Platform, or Services.
8. CONTENT AND REVIEWS
As a Subscriber, you may upload to your profile text, files, images, audio, reviews, or other materials ("Subscriber Content"). We agree that you or your licensors will retain all right, title, and interest in the Subscriber Content that you upload to your profile. You grant to us (i) a perpetual, non-exclusive license to display all such Subscriber Content on our Website and make edits to the Subscriber Content as required for formatting purposes and (ii) a perpetual, non-exclusive license to store all Subscriber Content on the back-end of our Website and to create archived back-up copies. You expressly warrant that you own all right, title, and interest in all such Subscriber Content, or in the alternative, that you have procured a valid license from the copyright owner of the Subscriber Content, which authorizes you to grant sublicenses to display, store, and back-up your Subscriber Content on our Website as set forth herein. If any photos contain images of any person, you warrant that you have obtained a release from such person expressly authorizing you to use their likeness on your member profile as set forth herein. You are solely responsible for ensuring that all Subscriber Content you upload is appropriate; legal and not in violation of any federal, state, or local law or ordinance; is not obscene or pornographic; does not defame any third party; is not threatening or harassing; does not invade anyone's privacy; is in compliance with HIPAA regulations; and is not otherwise objectionable.
(a) Medical Professional Reviews.
Our Website offers functionality that allows users to rate licensed medical professionals who are listed on our Website and to provide written comments of their experiences (“User Review(s)”), as well as functionality to permit medical professionals the opportunity to respond to any User Reviews (“Responses”). We also may make available functionality to allow users who requested or scheduled an appointment with a medical professional through our Website or Platform to provide a User Review after the date of their appointment with that medical professional (“Verified Review”).
If you contribute a User Review or Verified Review, you warrant and represent that you are a current or former patient of the medical professional you are reviewing, or the legal guardian of a current or former patient. If you contribute a Response, you warrant and represent that you are a current or former physician of the patient who posted the User or Verified Review.
In addition, if you submit a User Review or Response, you warrant and represent your posting is appropriate and not defamatory, illegal, obscene, threatening, harassing, invasive of privacy, infringing of intellectual property rights or otherwise objectionable, and that any such review does not contain or constitute profanity, hate crimes, viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam.”
When you post comments, User Reviews, or Responses, please be cautious in what you post, as the Website is a public forum, and any statement that you make or submit to us may be displayed publicly on that forum. In particular, you should not include any personally identifiable information in your review. Thus, including personally identifiable details like phone numbers, addresses, email addresses, social security numbers, or any other such information is prohibited (“Objectionable Content”).
We expressly prohibit the sharing of personal health information regarding any third party in any User Review or Response. All postings should conform to HIPAA Privacy Rules.
You warrant and represent that the User Review or Response you post meets the Doctor.com Review Guidelines and these Terms of Service. While this Website reserves the right not to publish or to remove User Reviews or Responses that do not meet our policies, we are not responsible for pre-screening reviews before posting them. You are solely responsible for verifying the truth of all facts or statements that you provide to us.
In the event that you see a User Review or Response on our Website that contains Objectionable Content or is otherwise inappropriate, please notify us at firstname.lastname@example.org, providing the URL of the page where the review is located and you concerns regarding the Website. We will then determine whether the User Review in question violates our Review Guidelines or Terms of Service.
We reserve the right in our sole discretion to remove for any reason any reviews at any time without notice.
(b) Product Reviews.
Unless specifically stated otherwise in writing, we do not independently endorse, review or recommend products or services which are featured by advertisers on our Website. To the extent we conduct a review of a product or service and post our review to the Website (i) we will clearly and conspicuously indicate if we have a material connection to the company and/or products or services being reviewed and (ii) we will identify and post along with the review the specific steps taken by the reviewer to test the product and a clear description of the results found. Such reviews unless noted otherwise will be conducted by a staff member and not by a licensed physician and will be noted as such. If we endorse a particular product or service we have tested, then we will also post the specific process we utilized as a business in reaching our decision to endorse such product or service.
9. Medical Team Matching
As part of the functionality offered through our Website, we may offer the ability to be “matched” with a medical team that best fits all of your criteria and preferences for service providers. When you sign up to be matched with a medical team, we will ask you to provide certain information about yourself, including but not limited to where you are located, your health insurance, your medical concerns, and your preferences about service providers and treatment. We will collect the information you provide to us and compare your criteria and preferences with the data we have received on service providers listed on our website, and deliver a report listing the service providers that most closely fit your preferences. Any list of matches that we provide to you is not intended as endorsement by us of any service provider on the list; instead, the list should be deemed to constitute a best recommendation as determined by the data we have received on service providers in your area and the matching algorithms utilized by our Platform.
10. APPOINTMENTS AND SCHEDULING
We may also make available appointment and scheduling functionality through our Website and Platform. Service providers will have the ability to set up this functionality directly via the Website, or they may integrate the functionality into a website for their medical practice or business, customized social media pages, or other third party websites.
If a service provider’s profile is enabled with our appointment request functionality, you will be able to submit a general request for an appointment with a service provider through our Website or Platform, and the service provider will then have the opportunity to review the request and contact you directly to finalize your appointment details. Our appointment request functionality does not allow you to reserve an exact appointment time, but you will have the opportunity to request a general time when you would like to schedule an appointment with the service provider.
If a service provider implements our self-service scheduling functionality, you will be able to view available appointment times for the service provider and will have the opportunity to book an exact appointment time. Once you complete your booking, you will typically then receive confirmation of the appointment from the provider.
We reserve the right to disable our appointment and scheduling Services for any service provider who repeatedly (a) fails to respond to appointment requests and/or (b) refuses to honor self-scheduled appointments through our Services. We also reserve the right to deny our appointment and scheduling Services to any registered user who abuses, disrupts, tampers with, or interferes with the proper functioning of the appointment and scheduling Services in any way. For the avoidance of doubt, this would include any incident in which a user repeatedly books one or more appointments and does not show up at the scheduled time.
11. OPERATION OF THE WEBSITE
We use commercially reasonable efforts to maintain our Website, Platform, and Services and to keep them operating with high availability and free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will promptly assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website, Platform, or Services will be uninterrupted, or that the Website or Platform will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website and Platform or protected from viruses and other destructive software, but we cannot guarantee that the Website or Platform will at all times be free from viruses. We urge you to use reasonable care in downloading information from the Website or Platform. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of our Website or Services or as a result of downloading from the Website or Platform.
We reserve the right to discontinue operation of the Website, the Platform, or our Services at any time for any reason at our sole discretion, and to make modifications to the operation of the Website or Platform at any time at our sole discretion.
Advertisers may include in their advertisements on our Website consumers and experts who provide their endorsement of products advertised on our Website. We require all such advertisers to comply with the Federal Trade Commission's published Guidelines Concerning the Use of Endorsements and Testimonials in Advertising, as well as any other applicable laws and regulations. We will have no obligation to screen advertisements for compliance but we reserve the right to remove any non-compliant advertisement from our Website at any time without prior notice.
11. INTELLECTUAL PROPERTY
We or our licensors shall retain all right, title, and interest in the marks, logos, codes, databases, Content, text, designs, photos, and other materials posted to our Website ("Intellectual Property"). Except as otherwise expressly stated herein, you may only display and view the Intellectual property posted to the Website, and you may not reproduce, display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website without the express written permission of us or our licensors as appropriate. Using the Intellectual Property on our Website on any other website for any commercial purpose is expressly prohibited.
12. INTELLECTUAL PROPERTY INFRINGEMENT COMPLAINTS
We respect the intellectual property rights of others. If you believe that content on Doctor.com violates your copyright(s), you may file a Digital Millennium Copyright Act (DMCA) notification to our registered DMCA agent by submitting your claim via any of the following methods:
• Email to email@example.com
• Postal Mail to 25 Mountainview Blvd. Suite 204, Basking Ridge, NJ 07920
In order for us to process your claim, please include supporting documentation to establish your rights by fully complying with the laws established by the DMCA, which, in summary include
The use of our Website, Platform, of Services or your reliance on any of the foregoing shall be at your own risk. We can make no warranty that the Website, Platform, or Services will meet your needs or that their operation will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, free of technical problems, or that any Content or information posted to the Website will not be deleted or lost due to any such issues. We also cannot make any warranties or representations that any service provider will honor a scheduled appointment or respond to an appointment request, or that any prospective patient who arranges for an appointment will keep that appointment. You solely assume all risks with respect to the scheduling and keeping of appointments. We expressly disclaim (a) any and all warranties regarding the accuracy, reliability, or timeliness of any matches to service providers that we make for you and (b) any and all warranties that any review posted to this Website will be posted in full compliance with the HIPAA Privacy Rule and any other applicable law or regulation.
In addition, we do not screen or conduct background checks on medical professionals who are listed on our Website, nor can we make any endorsements or recommendations, and we cannot make any representation regarding the accuracy of any profiles, the quality of any work, or any evaluation of any medical professional's skills.
Your business dealings with any third party with whom you connect through the Website, Platform, or Services are solely between you and such third party. We can make no warranty about the products or services of any such third parties. You are solely responsible for conducting your own due diligence prior to entering into a business or doctor-patient relationship with any third party linked to you through our Website, Platform, or Services. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. You assume the sole risk of loss and liability in doing business with any third parties or service providers linked to this Website or Platform. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
14. FEEDBACK; IDEA SUBMISSIONS
We are pleased to hear from you and we welcome your feedback. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidentiality by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website, Platform, or Services at our sole discretion without any obligation to you.
In the event that you submit any ideas to us, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and to incorporate your idea into our Intellectual Property.
15. CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE FROM YOUR INABILITY TO USE THE WEBSITE OR THE SERVICE; LOST PROFITS; LOST GOODWILL; LOST DATA; ANY INTERRUPTION, MODIFICATION, OR TERMINATION OF THE WEBSITE OR ANY SERVICE OR PART THEREOF; OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our liability to you shall in no event exceed the total aggregate amount of $750 for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
16. RELEASE OF CLAIMS
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, directors, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way related to this Website, the Platform, or our Services. If applicable, you waive your rights under California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You agree to indemnify and hold us and our officers, directors, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers and employees, harmless from any claim or demand arising from any third party claim arising from ) (a) Content you add to the Website or Platform, (b) your use of the Website or Platform, (c) your violation of the Terms of Service, your breach of any of the representations and warranties herein; (d) your violation of any rights of another, including but not limited to any liability or expenses arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or reasonable attorney fees and court costs; or (e) your violation of any law, regulation, or guidelines imposed by any administrative body.
You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service. The Terms of Service constitute the entire agreement between you and us and govern your use of the Website, superseding any prior agreements between you and us regarding your use of this Website.
19. GOVERNING LAW; DISPUTE RESOLUTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in New York by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators' fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator's award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney's fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys' fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
20. CONTACT US
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed.
21. EFFECTIVE DATE
These Terms of Service were last modified on August 26, 2012.