TERMS OF USE AGREEMENT

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  2. TERMS OF USE AGREEMENT

Welcome to FindaDoc.com, a website (the “Site”) provided by FindaDoc, Inc. ("we" or "FindaDoc"). This Terms of Use Agreement (“Agreement”) governs your access to, and use of, the Site and the information, profiles, materials and other content (“Content”) available on or through the Site. Please read this Agreement carefully before using the Site or any of its Content. By choosing to use the Site you acknowledge that you have read this Agreement and the disclaimers and caveats contained in the Site, and that you accept and will be bound by the terms thereof. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION BY FindaDoc TO ACCESS THE CONTENT OF THE SITE. If you do not agree to all of these terms and conditions of use, do not use the Site!

FindaDoc is based in Golden, Colorado, in the United States of America with offices in Golden. FindaDoc makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

  1. NO MEDICAL ADVICE
    THE SITE PROVIDES NO MEDICAL ADVICE OF ANY KIND WHATSOEVER. By using the Site, you acknowledge and agree that FindaDoc is not providing you with any medical advice or with any advice regarding physician choice. The Content of the Site, including, but not limited to, text, graphics, images, or other information in any form, from any source, or of any kind is provided for informational purposes only. The Content is not, nor is it ever intended to be, a substitute for professional medical advice or professional recommendations, diagnosis, or treatment. Always seek the advice of your physician(s) or other qualified healthcare provider(s) with any questions you may have regarding a medical condition. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANYTHING YOU READ ON THE SITE. DO NOT DELAY SEEKING PROFESSIONAL ATTENTION OR ADVICE BECAUSE OF ANYTHING YOU READ ON THE SITE.
  2. FindaDoc’s RATINGS AND OPINION INFORMATION
    FindaDoc’s proprietary physician-rating system considers publicly-available information on physicians and user opinions. Factual information regarding education, background, residencies, fellowships and positions held has been obtained from publicly-available sources. FindaDoc makes no independent statements of fact concerning such information, other than the general statement that the factual information reported on the Site reflects the factual information in various databases or databanks of publicly-available information in the various states. FindaDoc takes this information, compiles it and applies a rating for a physician based on his education, training, and positions held. FindaDoc does not consider the status of any malpractice complaints or claims against a doctor, either pending or resolved. FindaDoc does not consider the absence of any pending malpractice claims or judgments against a doctor. Because many malpractice claims are groundless, and many claims are or may be settled by an insurance company for reasons other than the actual liability of a physician, we do not include them in our rating system. Information regarding malpractice claims against a particular doctor, if any, may be available from publicly-available databanks. If you are interested in discovering such information about a particular doctor, check your state’s web-site for the availability of access to such a databank. Comments regarding particular physicians are sought and obtained from Site users. These comments are mere opinions of the user, and do not necessarily reflect the opinion of FindaDoc, its employees, or its agents. Such statements should be weighed and treated as mere opinions of the particular user, and not as fact. FindaDoc does not, and will not, recommend or endorse any specific physicians, products, procedures, opinions, or other information that may be mentioned on the Site. FindaDoc is not a referral service. FindaDoc provides selected information about certain physicians. We cannot and do not offer advice regarding the quality or skill of any particular physician for any specific treatments or health conditions. You should obtain all additional information necessary to make an informed decision prior to using any physician. The information on the Site is something you may wish to consider, but there are numerous factors to consider. Reliance on any information provided by FindaDoc, FindaDoc employees, or others appearing on the Site is completely and solely at your own risk. You agree that you assume all responsibility in connection with choosing any physician, whether or not you obtained information about such physician on or through the Site. We assume no responsibility or liability for any advice, treatment or other services rendered by any physician, or for any malpractice claims and/or other claims that may arise directly or indirectly from any such advice, treatment or other services.
  3. REVISION OF TERMS AND CONDITIONS
    We may revise and update this Agreement at any time. By continuing to use the Site after such revision or update, you acknowledge that you accept those changes as they are made, even if you choose not to review the Agreement every time you access the Site.
  4. COPYRIGHT AND USE OF CONTENT.
    The Content is protected by copyright under both United States and foreign laws. At all times, FindaDoc and/or its licensors retains title to the Content. Any use of Content which is not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice, in FindaDoc’s discretion. FindaDoc reserves all rights unless expressly granted elsewhere. FindaDoc authorizes you to view or download a single copy of material found on the Site as long as it is solely for your personal, noncommercial use. If any information or other item on the Site has more restrictive copyright protections or rules that are included in the Site, such protections and/or rules are hereby incorporated into this Agreement by reference. If you violate any terms of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. FindaDoc will pursue its rights against such violators to the fullest extent of the law.
  5. LIMITATION OF LIABILITY.
    The use of the Site and the Content is at your own risk. When using the Site, information is transmitted through an imperfect medium outside of FindaDoc’s control. You agree that FindaDoc assumes no liability to you or any other party arising out of any delays, failures, interruptions, or corruption of any data or other information transmitted in connection with your access or use of, or your inability to access or use, the Site or its Content. The Site and its Content are provided on a purely "as is" basis. FindaDoc HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. FindaDoc makes no representation(s) or warranty(ies) about the accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DAMAGES WHATSOEVER BE THEY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THE SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THE SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you. This limitation applies whether the claim for damages is based on warranty, contract, tort (including any intentional torts and/or negligence of any type), or any other legal theory. You agree that you will bring any claims against FindaDoc within one (1) year of the date the event first giving rise to such claim occurred. You agree that you waive any claim not brought within one year. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.
  6. USER SUBMISSIONS.
    The personal information you submit to FindaDoc is governed by the FindaDoc Privacy Policy. To the extent there is an inconsistency between this Agreement and the FindaDoc Privacy Policy, this Agreement shall govern. You agree that you will not upload or transmit any communications or Content of any type to the Site that infringe(s) or violate(s) any rights of any party. By submitting communications or Content to the Site, you agree that such submission is non-confidential for any and all purposes, and that FindaDoc is free to use such information for any and all purposes. If you make any such submission, you agree that you will not send or transmit to FindaDoc any Content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to FindaDoc, you agree such submission is non-confidential for all purposes. If you make any submission to the Site, you automatically grant—or warrant that the owner of such Content or intellectual property has expressly granted—FindaDoc a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and/or display the communication or Content in any form, and in any forum. FindaDoc may sublicense its rights through multiple tiers of sublicenses. If you wish to present confidential information to FindaDoc, please mail it to us via courier or first class mail with the information clearly labeled "Confidential."
  7. PASSWORDS
    You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your FindaDoc passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your FindaDoc account and password; (3) promptly inform FindaDoc of any need to deactivate a password. You grant FindaDoc and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. FindaDoc cannot and does 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 FindaDoc tools and services. We reserve the right to delete or change any password at any time and for any reason.
  8. REVIEWS
    If you post a doctor review, you are solely responsible for the consequences of your review. FindaDoc is not responsible for the consequences of any reviews. Therefore, any doctor review you post on FindaDoc is at your own risk. FindaDoc does not adopt or endorse user reviews, as the reviews are purely the opinion of the posting user. Absent a court order, FindaDoc will not release your name or any personally identifiable information to any of the doctors you review. Please be aware that you are responsible for, and potentially liable for, the reviews that you post on FindaDoc. All doctor reviews posted on FindaDoc are subject to the following terms:
    • You are expected to refrain from using any improper, obscene, harassing, vulgar, offensive, defamatory, or libelous language.
    • You are not permitted to post any Content that infringes upon the legitimate proprietary rights of others.
    • You are not permitted to post or upload materials (or hyperlinks) that contain unsolicited or unauthorized advertising or marketing, promotional materials, junk mail, spamming, chain letters, pyramid schemes or the like.
    • You are not permitted to pose as or impersonate another, nor are you permitted to allow any other person or entity to use your identification for posting or viewing comments
    • You are not permitted to post or upload materials (or hyperlinks) that contain viruses or that are coded in a way that might interrupt, disrupt, destroy or limit the functionality of any computer software, hardware or telecommunication equipment. If you post a review:
      Any violation of these terms will be deemed a material breach of the Agreement.
      FindaDoc reserves the right (but is not obligated) to do any or all of the following:
    • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and, in its sole discretion, remove the review(s).
    • Remove reviews which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
    • Terminate a user's access to the Site upon any breach of these Terms and Conditions.
    • Edit or delete any posting for any reason.
    • FindaDoc disclaims all liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities
  9. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
    FindaDoc may provide links to third-party web sites. FindaDoc also may select certain sites as priority responses to search terms you enter and FindaDoc may agree to allow advertisers to respond to certain search terms with advertisements or sponsored Content. FindaDoc does not recommend and does not endorse the Content on any third-party websites. FindaDoc is not responsible for the Content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their Content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. FindaDoc does not endorse any product advertised on the FindaDoc Site.
  10. INDEMNITY.
    You agree to defend, indemnify, and hold FindaDoc, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made or threatened by any third party due to or arising out of your use of or conduct on FindaDoc, your violation of this Agreement, or your violation of any rights of another.
  11. JURISDICTION.
    You agree that the Courts of the State of New York have exclusive jurisdiction for any dispute with FindaDoc, or in any way relating to your use of the Site, and you consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving FindaDoc or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Content providers. These Terms and Conditions are governed by the laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party To the extent that anything in or associated with the Site or FindaDoc is in conflict or inconsistent with this Contract, this Contract shall govern. FindaDoc’s failure to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
  12. COMPLETE AGREEMENT.
    This Agreement constitutes the entire agreement between you and FindaDoc with respect to the use of the Site and its Content.