"You" and "your" refer to you, as a User of the Services. A "User" is someone who accesses, browses, crawls, scrapes, or in any way uses the Services. "We", "us", and "our" refer to BetterDoctor.
"Content" means text, images, graphics, photos, audio, video, location data, information, suggestions, guidance, and all other forms of data, communication, or materials. "Your Content" means Content that you submit or transmit to, through, or in connection with the Services, such as ratings, reviews, compliments, invitations, check-ins, messages, and information, including Personal Information, that you publicly display or displayed in your account profile. "User Content" means Content that Users submit or transmit to, through, or in connection with the Services. "BetterDoctor Content" means Content that we create and make available in connection with the Services. "Third Party Content" means Content that originates from parties other than BetterDoctor or its Users, which is made available in connection with the Services. "Services Content" means all of the Content that is made available in connection with the Services, including Your Content, User Content, Third Party Content, and BetterDoctor Content.
2. About the Services
You acknowledge that although some of the Services Content (including Content provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.
3. We Do Not Provide Medical Advice
The Services Content that you obtain or receive from BetterDoctor, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational and scheduling purposes only.
THE SERVICES CONTENT PROVIDED THROUGH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICES. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL EMERGENCY SERVICES. YOUR USE OF SERVICES CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, health care providers, procedures, opinions, or other information that may appear on the Services. If you rely on any of the Services Content, you do so solely at your own risk.
4. We Do Not Collect Individually Identifiable Health Information
Do not provide us with any information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual (collectively, “Individually Identifiable Health Information”). Providing any such information may be grounds for termination from use of the Services. We reserve the right to delete such information without notice to you.
5. No Doctor Patient Relationship
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE FIND A DOCTOR FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTH CARE PROVIDER OR SPECIALIST IN ANY FIELD.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
We have no control over, and cannot guarantee the availability of any health care provider at any particular time, or guarantee a particular health care provider’s office hours. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever.
You are strongly advised to perform your own investigation prior to selecting a health care provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials, education, and insurance coverage, and to further verify information about a particular health care provider by confirming with the health care provider’s office, your current physician, the medical association relative to the health care provider’s specialty and your state medical board. WE DISCLAIM ALL RESPONSIBILITY FOR THE AVAILABILITY OR UNAVAILABILITY OF ANY HEALTH CARE PROVIDER, THE ACCURACY OR INACCURACY OF CONTENT PERTAINING TO THE INSURANCE PLANS ACCEPTED BY ANY HEALTH CARE PROVIDER, AND FOR THE SERVICES PROVIDED BY ANY HEALTH CARE PROVIDER YOU SELECT THROUGH YOUR USE OF THE SERVICES.
6. Authorization and Acknowledgement
- In connection with using the Services to locate and schedule appointments with health care providers, you understand that, in BetterDoctor’s sole discretion:
- BetterDoctor may pre-populate the Services with information for health care providers;
- BetterDoctor may select health care providers to be featured on the Services based on pre-existing contractual agreements with the health care providers. Such selection is not an endorsement of such professionals;
- In addition to signing a contract, health care providers may pay a fee to BetterDoctor in order to appear on the BetterDoctor Services;
- BetterDoctor will provide you with a list of health care providers who may be suitable to deliver the health care that you are seeking based solely on the information that you provide to BetterDoctor (such as insurance information, proximity to your geographical location, and additional criteria that you specify); you are ultimately responsible for choosing your own health care provider; and
- BetterDoctor restricts participation in the Services to health care providers who hold active medical licenses and all certifications necessary to practice any specialty services offered to patients. If you are a health care provider, you represent and warrant, by your continued use of the Services that you hold an active medical license and all necessary certifications, and will notify us promptly if any of this information changes.
7. Editorial Control
We make the Services available as a service to consumers and health care providers for the purposes of providing an informative and educational resource. We may, but have no obligation to, have User Content and Third Party Content reviewed by the Service’s editorial personnel.
It is important to note, however, that the timeliness and accuracy of any or all of the Services Content is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Services Content contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Services Content.
You are encouraged to independently confirm the Services Content contained herein with other sources and to seek the advice of a qualified physician.
HEALTH CARE PROVIDER CONTENT: Health care provider Content found through the Services is intended for general reference purposes only. Health care provider Content found on the Services is both self-reported, by the health care provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the health care provider. Such Content often changes frequently and may become out of date or inaccurate. Neither the Services nor BetterDoctor provides any advice or qualification certification about any particular health care provider. Our relationship with sponsors or health care providers in a particular area is based on criteria we establish.
PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Services are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Services by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
As part of the registration process, you will provide an email address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by contacting BetterDoctor support (email@example.com).
You can also sign up by logging into online accounts you may have with third party service providers, including social networking service providers ("SNS") (e.g. Facebook); each such account, a "Third Party Account", via our Services as described below. As part of the functionality of the Services, you may link your BetterDoctor Account with Third Party Accounts, by allowing BetterDoctor to access your Third Party Account, to the extent permitted under the applicable terms and conditions that govern your use of each Third Party Account. If you chose to login through a Third Party Account, the login process will be governed by the terms and conditions imposed by the applicable SNS.
9. Your Personal Information
10. Your Responsibilities
Even though the Services are provided free of charge, the usual and customary charges for any medical services rendered by collaborating health care providers profiled on the Services will apply and will be entirely your responsibility.
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Services for lawful, non-commercial purposes only. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Services, and/or its content or materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services or in or on any content or other material obtained via the Services;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Services;
- access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or health care providers;
- reformat or frame any portion of the web pages that are part of the Services;
- fraudulently misuse the Services by scheduling an appointment with a health care provider which you have no intention of keeping;
- create user accounts by automated means or under false or fraudulent pretenses; or
- collect or store Personal Information about other Users in connection with the prohibited activities described in this paragraph.
12. Changes to the Services
13. Links to Other Sites
The Services may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
14. Additional Terms
15. No Spam
You may not use contact information provided by our Users or health care providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this provision. We may terminate your membership or access to the Services immediately and take other legal action if you or anyone using your Credentials violates these provisions.
16. Content You Post or Submit
You may have the opportunity to submit Your Content, including feedback regarding your experiences with health care providers who are featured on the Services, inquiries concerning possible medical needs, participation in the other interactive and community features of the Services, and, if you are a health care provider, updates to your profile information that appears on the Services. It is important that you act responsibly when providing Your Content. In providing feedback, please give clear, honest information about the health care provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Services, please do not post any information that another User or health care provider may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
16.1 Copyright Ownership.
You shall be solely responsible for Your Content and the consequences of submitting and publishing Your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Your Content; and you agree to and hereby do license to BetterDoctor, and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, fully transferable, worldwide license to reproduce, distribute, publicly perform, publicly display, digitally perform, publish, make available, communicate to the public, adapt, edit, translate, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Content. This license is non-exclusive, except you agree that BetterDoctor shall have the exclusive right to practice this license to the extent of combining Your Content with the other Services Content for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
If you are a copyright owner or an agent thereof and believe that any Services Content infringes upon your copyrights, or any other intellectual property rights you own, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (as designated below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BetterDoctor to locate the material;
- Information reasonably sufficient to permit BetterDoctor to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
BetterDoctor's designated Copyright Agent to receive notifications of claimed infringement is Ari Tulla (BetterDoctor Inc., 665 3rd Street Suite 150, San Francisco, CA 94107, or send email firstname.lastname@example.org). For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BetterDoctor customer service (email@example.com).
16.2 Content About You
If you are a health care provider, we may pre-populate your public profile with Third Party Content or other Content. If you would like us to remove any of this Content, please contact our support (firstname.lastname@example.org). You can also remove or edit this Content yourself by signing up for an account with BetterDoctor.
16.3 Restrictions on Posted Content
We reserve the right to publish Your Content as part of the Services and to remove Your Content for any reason. We are not, however, responsible for any failure or delay in removing Services Content. Keep in mind that the Content of others is simply opinion and should not be relied on. In addition:
- Your Content may not falsely express or imply that such Content or material is sponsored or endorsed by BetterDoctor.
- Your Content may not be unlawful or promote or encourage illegal activity.
- You agree that you will only provide Content that you believe to be true and you will not purposely provide false or misleading information.
- The following is a partial list of the kind of Content and communications that are illegal or prohibited on or through the Services. BetterDoctor reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services. You may not post content that: (i) is false or intentionally misleading; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of unsolicited mass mailing or "spamming"; (iv) violates the intellectual property or other rights of any person; (v) is threatening, obscene, defamatory or libelous; or (vi) is pornographic or sexually explicit in nature.
16.4 Additional Terms for Health Care Providers
If you are a health care provider posting profile information, information about your office, service, or specialty, or other Content, in addition to the terms in this Section 16 above, you are subject to the following additional terms:
- You represent and warrant that Your Content will be complete and accurate to the best of your knowledge.
- You acknowledge that BetterDoctor does not represent and has no control over the Users, or users of third party sites from which BetterDoctor aggregates reviews or other information about health care providers. BetterDoctor disclaims all warranties in and liability for, and you agree not to hold BetterDoctor liable for, the actions or inactions of Users or users of third party sites; including, without limitation, negative reviews, failure to show up at the designated time for appointments, or failure to comply with the terms of the BetterDoctor Service.
- You acknowledge that, in providing the Services, BetterDoctor may: (i) update your profile with information obtained from third party sources; (ii) contact you by phone, email, text, or other media; and (iii) take all other actions necessary to provide the Services and keep any Services Content complete and current.
- In addition to the licenses granted above, you further grant to BetterDoctor an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to (i) use and modify Your Content; (ii) to aggregate Your Content, in original or modified form; (iii) to publish Your Content anywhere on the Services, in original or modified form; and (iv) to sublicense the right to do any of (i), (ii), or (iii) for the sole purpose of providing the Services.
17. Your Use of Content
All of the BetterDoctor Content, including without limitation, text, photographs, graphics and video and audio content, and derivative works of any User Content or Third Party Content is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain BetterDoctor’s proprietary information. We give you permission to use the aforementioned BetterDoctor Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Services Content, or exploit the Services in whole or in part, for any commercial gain or any purpose whatsoever. Except as is expressly and unambiguously provided herein, BetterDoctor and its suppliers do not grant you any express or implied rights, and all rights in the Services not expressly granted by BetterDoctor to you are retained by BetterDoctor.
18. Disclaimer of Warranties
WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE NAME BETTERDOCTOR IS NOT A QUALITY PROMISE OR A GUARANTEE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF USER CONTENT OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. WE MAY AGGREGATE DATA FROM THIRD PARTY SITES, IN WHICH CASE BETTERDOCTOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO SUCH THIRD PARTY CONTENT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BETTERDOCTOR MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. BETTERDOCTOR DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
19. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICES OR (B) $100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERDOCTOR DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTH CARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "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.”
22. Electronic Contracting and Notices
23. Entire Agreement
24. Choice of Law and Venue
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and BetterDoctor (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, AND THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA.
Last Updated on February 21, 2012.
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