Terms Of Service
1. Your Acceptance
Welcome to the Terms of Service for Doctors.at. Doctors.atis the place to find reviews and ratings for doctors and other health care professionals.This is an agreement (“Agreement”) between Findica, Inc.,(“Doctors.at"), the owner and operator of www.Doctors.at (the “Site” and any “Services”) and you (“you” or “your” or “user(s)”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service.
Throughout this Agreement, the words “Doctors.at,” “us,” “we,” and “our,” refer to our company, Findica, Inc., and our website, Doctors.at, or our Service, Doctors.at, as is appropriate in the context of the use of the words.
2. Medical Disclaimer
If you are experiencing a medical emergency please call 911 on your phone or wireless device immediately.This Site does not provide nutritional, medical or other health care advice, diagnosis or treatment. Any content found on this Site is for informational purposes only and are not a substitute for professional medical advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional before starting any new treatment or making any changes to existing treatment. Do not delay seeking or disregard medical advice based on information on this Site. Medical information changes rapidly and while we make efforts to update the content on our Site, some information may be out of date. No health information found on this Site, including information about herbal therapies and other dietary supplements, is regulated or evaluated by the respected government agencies and therefore the information should not be used to diagnose, treat, cure or prevent any disease without the supervision of a medical doctor. This Site does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Any available recommendations and ratings on this site are given by other users such as you and we have no way to verify the authenticity of reviews and endorsements. Reliance on any information provided by our Site or Service or other users of the Site are solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
3. Doctors.at Description of Service
Doctors.at is the place to find healthcare providers. At Doctors.at you can rate doctors, connect with doctors and find a healthcare provider in your area. Additionally, you can find ratings and reviews for chirporactors, nursing homes and other healthcare industry related services.
4. User Accounts
You may visit our Site without registering. However, in order to post comments or ratings you will be required to create an account. When creating an account we will collect your name, email, address and telephone number. We may also ask you for additional information if necessary.
5. Paid User Accounts
If you wish to use our paid services you will be required to create an account. When creating an account we will collect your name, email, address, credit card number and telephone number. Additionally, your payment information will be collectedby our third party payment processor Recurly.
6. Your Responsibilities
You are responsible for your use of Doctors.at, and for any use of Doctors.at made using your account.
(a) You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
(b) You agree to act in a respectful and courteous manner at all times while using our Site and Service;
(c) You agree not to speak hatefully, stalk or otherwise harass other users;
(d) You agree not to misappropriate any of our intellectual property;
(e) You agree not to violate any requirements, procedures, policies or regulations of networks connected to Doctors.at;
(f) You agree not to collect or store personal information about other end users;
(g) You agree not to interfere with or disrupt Doctors.at;
(h) You agree not to hack, spam or phish us or other users;
(i) You agree to provide truthful and accurate content;
(j) You agree to not violate any law or regulation and you are solely responsible for such violations;
(k) You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services;
(l) You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
(m) You are expressly prohibited from accessing Doctors.at through a virtual private network or by proxy.
We may suspend or revoke your access if you fail to abide by these rules or at our discretion.
7. User Posing
By submitting any content to our Site and Service, you hereby represent and warrant that you own all rights to your content or, alternatively, that you have the right to give us the license described in Section 9. You also promise that you have paid and will pay in full all fees or other payments related to the use of your content. Finally, you promise that your content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
When submitting any content, please use your discretion and behave completely in accordance with the privacy aspect of HIPAA (and HITECH Section of HIPAA), and patient privacy laws, do not give away patient’s health information in any way on our site, especially anything that makes the patient identifiable and his/her medical condition publicly known to others, without the patient's INFORMED CONSENT. Any violation of patient privacy will make YOU, the content contributor legally liable for violation of state and federal laws.
You understand that when using the Doctors.at Service you will be exposed to content from a variety of sources, and that Doctors.at is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content is not the responsibility of Doctors.at. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Doctors.at with respect thereto, and agree to indemnify and hold Doctors.at, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
8. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on Doctors.at including our layout, arrangements and rating system. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data or designs, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
9. Your Copyright
Any content submitted by you will be owned by you.However, you agree to grant Doctors.at and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through Doctors.at or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with our widget, and to use your content to advertise and promote Doctors.at. The foregoing license granted by you terminates once you remove your content from our Site
10. Intellectual Property Rights
The design of the Doctors.at Service along with Doctors.at created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Doctors.at, subject to copyright and other intellectual property rights under United States, EU and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given you express written permission.
11. Access to Our Service and Limited License
Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted.
You agree not to distribute any content found on our Site and Service without our prior written authorization, unless such distribution is through functionality offered by our Service. You agree not to access content through any technology or means other than through our Site or Service or otherwise authorized by us.
After browsing our Site you may be interested in subscribing to our Service. You will be required to submit payment information to do so. To process our payments we use our third party payment processor Recurly. Your payment information will be collected and stored with them. You must agree with their terms and conditions before paying for any of our Services
Doctors.at is a subscription based service, after purchasing you may cancel our Service at any time. However, if you are actively subscribed and do not cancel our Service, your subscription will be automatically renewed after a one year period or the period that you are billed at. You can, however, cancel your subscription by contacting us.
At Doctors.at we want to you to be satisfied with your use of our Service. However, as our Service is subscription based we cannot offer refunds at this time.
You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
16. Limitations on Liability
IN NO EVENT SHALL DOCTORS.AT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PRODUCTS MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.DOCTORS.AT IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE.
17. Representations and Warranties
OUR SITE AND SERVICE IS OFFERED “AS-IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES NOT STATED WITHIN THIS AGREEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to defend, indemnify and hold harmless Doctors.at, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) your use of and access to the Doctors.at Service;
(b) your violation of any term of these Terms of Service;
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
19. Third PartyLinks
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
20. Copyright Notices
We take copyright infringement very seriously. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
(a) Your name.
(b) The name of the party whose copyright has been infringed, if different from your name.
(c) The name and description of the work that is being infringed.
(d) The location on our website of the infringing copy.
(e) A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
(f) A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent,firstname.lastname@example.org or by mail at 228 Hamilton Ave., 3rd Floor, Palo Alto, CA 94301.
21. Communications Decency Act
We respect our users’ right to free speech. However, as this website hosts a community of users please be respectful and courteous when posting or submitting content. Section 230 of the Communications Decency Act creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. We are not liable for defamatory words posted on our Site by our users even if we are given notice. We are not required to take any action; however, we may take action against the offending user if we deem it necessary. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory or in violation of our Terms of Service.
22. COPPA Compliance
Doctors.at and its Services may only be used by persons over 18 years and older. If you are under the age of 18 please do not submit any information to us and please stop using our Site and Service immediately.
23. Choice of Law
This Agreement shall be governed by the laws in force in California. The offer and acceptance of this contract is deemed to have occurred in California.
24. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Palo Alto, California.If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
25. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Doctors.at shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
28. Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your Doctors.at account, you are solely responsible for properly cancelling your account, please contact us at firstname.lastname@example.org. Cancellation may result in the immediate deletion of your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
31. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Doctors.at must be addressed to our agent for notice and sent via certified mail to: Agent of Doctors.at, 228 Hamilton Ave., 3rd Floor, Palo Alto, CA 94301.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.