Last Updated on December 28, 2010.
1. About our Website
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
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.
6. Changes to 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
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 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."
17. Electronic Contracting and Notices
18. Entire Agreement
19. Choice of Law and Dispute Resolution