Terms

Last Updated on December 28, 2010.

The following terms and conditions set forth an agreement between you and Book Healthcare, Inc. ("us," "we," "our," or "Book Healthcare"), the operator and administrator of the website at bookhalthcare.com and all the related doctors' and dentists' web pages (collectively referred to as "our Website"). This agreement - the "Terms of Use" - governs your use of our Website, both as a casual visitor and as a registered user.
By using our Website, and/or registering with us, you signify that you agree to these "Terms of Use," including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of California any dispute that you may have with us, or our Website. Please note that we offer our Website "AS IS" and without warranties.

1. About our Website

Everything we offer on our Website is referred to in these Terms of Use collectively as our "Services". Some of what is on our Website is viewable without registering with us, but to actively participate or store your information, you must register and authorize the use and disclosure of your personal information.

2. Changes to these "Terms of Use"

We may change these Terms of Use at any time. Upon any change in these Terms of Use, we will post the amended agreement on our Website with notice of the changes and will, where possible, send you an email notifying you of the nature of the modifications and a link to the modified document on our Website so that you may review it. Your continued use of our Website and/or our Services following receipt of such notification shall constitute your affirmative acknowledgement of the Terms of Use and its modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then discontinue using our Website.

3. Registration

As part of our registration process, you will provide at a minimum your name and phone number so that we may contact you and provide our Services.

4. Your Personal Information

In order to register, you must provide certain personal about yourself. The Book Healthcare, Inc. Privacy Policy explains the information practices that apply to this and other personal information we may collect from you, as well as any choices you can make about the ways this information is used. Please review it carefully.

5. Your Responsibilities

You are responsible for all use of our Website. You may use our Website and our Services for lawful, non-commercial purposes only. You may not use our Website 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 our Website or our Services. You may not attempt to gain unauthorized access to any of our Services, user information, 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 our Website, its content or materials, and/or our Services;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Website and/or our Services, or in or on any content or other material obtained via our Website and/or our Services;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of our Website and/or our Services;
  • Access, retrieve or index any portion of our Website and/or our Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
  • Reformat or frame any portion of our web pages that are part of our Website and/or our Services;
  • Fraudulently misuse our Services by scheduling an appointment with a physician which you have no intention of keeping;
  • Create user accounts by automated means or under false or fraudulent pretenses; or
  • Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

In addition to our rights under Section 16, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use. Even though our Services are provided free of charge to the public, the usual and customary charges for any medical services rendered by collaborating physicians profiled on our Website will apply and will be entirely your responsibility.

6. Changes to our Services

We may from time to time add new services to our Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that Book Healthcare will not be liable to you or any third party for any suspension or discontinuation of any of our Services.

7. Links to Other Sites

Our Website may include links to other websites, including links provided as automated search results. Some of these websites 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 websites or the products and/or services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.

8. Additional Terms

Certain of our Services on our Website may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

9. No Spam

You may not use contact information provided by our users or collaborating doctors or dentists, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications, defined as such as SPAM. You may not allow others to use your information to violate the terms of this section. We may terminate your access to our Website immediately and take other legal action if you or anyone violates these provisions.

10. Content You Post or Submit

You will have the opportunity to submit feedback regarding your experiences with doctors or dentists who are featured on our Website. It is important that you act responsibly when providing this feedback. Please give clear, honest information about the doctor or dentist and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments.
We reserve the right to remove feedback for any reason. We are not, however, responsible for any failure or delay in removing feedback. Keep in mind that the feedback of others is simply opinion and you should not be relied on. In addition:

  • You are solely responsible for any content and other material that you submit, publish or display on our Website or transmit to other users of our Website (hereinafter referred to as "Posted Content").
  • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
  • You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by Book Healthcare.
  • You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
  • You understand and agree that Book Healthcare may review and delete any Posted Content that in the sole judgment of Book Healthcare violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of our Website and/or other website users.
  • You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
  • By posting Posted Content on our Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Book Healthcare, its contractors, and the users of our Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that Book Healthcare shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Book Healthcare users for purposes of constructing or populating a searchable database of reviews related to the health care industry.
  • The following is a partial list of the kind of content and communications that are illegal or prohibited on/through our Website. Book Healthcare 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 our Services and terminating or blocking your use of our Services and/or our Website. You may not post content that:
    • is false or intentionally misleading,
    • harasses or advocates harassment of another person,
    • involves the transmission of unsolicited mass mailing or "spamming,"
    • violates the intellectual property or other rights of any person,
    • is threatening, obscene, defamatory or libellous, or
    • is pornographic or sexually explicit in nature.

11. Your Use of Content

Except for content posted or submitted by you or any other visitors to our Website, all of the content available on or through our Services and/or our Website, including without limitation, text, photographs, graphics and video and audio 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 our Services contain Book Healthcare's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of our Services. You may print, download, and store information from our Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit our Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Book Healthcare and its suppliers do not grant you any express or implied rights, and all rights in our Website and our Services not expressly granted by Book Healthcare to you are retained by Book Healthcare.

12. Disclaimer of Warranties

WE PROVIDE OUR WEBSITE AND OUR SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO OUR SERVICES AND OURWEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT OUR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR 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 OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.

13. We Do Not Provide Medical Advice

YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON OUR WEBSITE 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 HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR SITE. DO NOT USE OUR SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911. YOUR USE OF INFORMATION PROVIDED ON OUR SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON OUR WEBSITE OR AVAILABLE THROUGH ANY SERVICES ARE 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, physicians, procedures, opinions, or other information that may appear on our Website. If you rely on any of the information provided by our Website, you do so solely at your own risk. We have no control over, and cannot guarantee the availability of any physician at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom.

14. General Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO NOT USE OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF OUR SERVICES OR OUR WEBSITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE OUR SITE OR OUR SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE AND/OR OUR SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 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."

15. Termination

We may terminate and/or suspend your use of our website immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on our Website by you or by someone using your personal information. We may also cancel or suspend your use of our Website for any other reason but will attempt to notify you in advance of such cancellation or suspension. Book Healthcare shall not be liable to you or any third party for any termination of your access to our Website and/or our Services. Further, you agree not to attempt to use our Website and/or our Services after any such deletion, deactivation or termination. Sections 11, 12, 13, 14, 15, 16, 17, 18, 19, and 21 shall survive any termination or expiration of these Terms of Use.

16. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to our Website, (b) your use of our Services, or (c) the violation of these Terms of Use by you or any third party using your personal information of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

17. Electronic Contracting and Notices

Your affirmative act of using our Website and/or our Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

18. Entire Agreement

This agreement and any supplemental terms, policies, rules and guidelines posted on our Website, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Book Healthcare to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

19. Choice of Law and Dispute Resolution

This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California, without giving effect to the state's conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of our Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of California, and the City and County of San Francisco, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

20. Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on our Website regarding any change of ownership so that you have the opportunity to discontinue your use of our Website and our Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

21. Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use our Website and our Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use our Website and/or our Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use our Website and/or our Services in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use our Website and/or our Services on behalf of such minor child. By using our Website and/or our Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use our Website and/or our Services. Membership in our Services is void where prohibited by applicable law, and the right to access our Website is revoked in such jurisdictions. By using our Website and/or our Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of our Services or our Website.