Terms of Service
DOCS BY DOCS INC. TERMS OF SERVICE
THIS TERMS OF SERVICE DOCUMENT (“Agreement”) IS AN AGREEMENT BETWEEN YOU (“You”) AND DOCS BY DOCS, INC. (“Docs By Docs”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE DOCS BY DOCS WEBSITE OR DOWNLOADING ANY CONTENT FROM IT. IF YOU DO NOT ACCEPT THE AGREEMENT’S TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE DOCS BY DOCS WEBSITE, AND ANY ACCESS BY YOU SHALL CONSTITUTE UNAUTHORIZED ACCESS. YOU ACKNOWLEDGE THAT THIS AGREEMENT IS AS ENFORCEABLE TO THE SAME EXTENT AS ANY WRITTEN AGREEMENT ON PAPER SIGNED BY YOU.
- The Site, the Service, and Content. Docs By Docs maintains a website (the “Site”) by which it makes available the service (the “Service”) of providing articles containing medical information, content created or sponsored by Docs By Docs or other sponsors licensing content to Docs By Docs, other content relating to healthcare, and advertisements on the Site (collectively, the “Content”). Content also includes images, graphics, video, sounds, music, links, software, their selection and arrangement, and their look and feel on the Site. This Agreement covers You if you are a registered member of the site (“Member”), or if you are a visitor to the site (“Visitor”) but not a Member. In this Agreement, Members and Visitors are collectively referred to as “Users.”
- Dispute Resolution. EXCEPT AS SET FORTH BELOW, ANY CONTROVERSIES, DISPUTES, AND CLAIMS (collectively, “Claims”) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, THE SERVICE, AND/OR THE CONTENT SHALL BE SETTLED BY BINDING ARBITRATION, WHICH SHALL BE THE SOLE AND EXCLUSIVE FORUM FOR ADJUDICATING ANY SUCH CLAIMS. Arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be San Mateo County, California U.S.A. The language of the arbitration shall be English. Nothing in this Agreement shall be construed to preclude Docs by Docs from seeking injunctive relief, damages, or other relief based on a breach of Section 8, Section 11, or an infringement of Docs by Docs’ Intellectual Property Rights (defined below) in and to the Licensed Materials (defined below). The parties irrevocably consent to the jurisdiction of the Superior Court of California, County of San Mateo and the United States District Court for the Northern District of California for the purpose of resolving any action at law or in equity not subject to arbitration arising out of or relating to this Agreement, or brought by Docs by Docs arising out of or relating to such Intellectual Property Rights or a breach of Section 8 or Section 11. To the maximum extent permitted by applicable law, no arbitration or claim under this Agreement shall be joined with any other arbitration or claim, including that of another user, and no class arbitration proceedings shall occur, and You waive any rights to class arbitration. You must bring any claim, action, or proceeding against Docs by Docs no later than two (2) years after the claim or cause of action arose. Should arbitration or suit be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover, as an element of the costs of arbitration or suit and not as damages, reasonable attorneys’ fees to be fixed by the arbitrator(s) or court (including without limitation, costs, expenses, and fees on any appeal).
- Eligibility for Membership and Use of the Site. Membership is void where prohibited. If You are under the age of eighteen, You are not authorized to register to become a Member. If You register for Membership, You represent and warrant that You are at least age eighteen, and that all of the information in Your registration is accurate, current, and complete.
- Docs by Docs Does Not Provide Medical Services or Advice. DOCS BY DOCS DOES NOT OFFER OR PROVIDE MEDICAL SERVICES OR MEDICAL ADVICE. DO NOT FAIL TO SEEK MEDICAL SERVICES OR ADVICE BASED ON CONTENT YOU MAY READ ON THE SITE. The Content on the Site is for informational purposes only, and is not a substitute for receiving care from a healthcare provider. Do not use the Service or Site for the diagnosing or treating a health condition or disease. Docs by Docs’ Service is limited to providing Content on the Site. You acknowledge that nothing You view on the Site constitutes medical or healthcare advice. The use of the Service does not create a doctor-patient relationship or relationship between You and Docs by Docs or any author of any Content. The website for Docs by Docs contains links to content that Docs by Docs does not own copyright, but have been granted permission to provide ONLY for the personal benefit of individual patients or family and friends of patients.
- Emergencies. DO NOT USE DOCS BY DOCS’ SERVICE FOR URGENT OR EMERGENCY MATTERS. Instead, in an emergency, You should call 911 or Your local emergency number or go directly to the nearest emergency room.
- Registration and Advertisement. You acknowledge that registration with the Service is a condition to Docs By Docs providing you with Content through the Site. You further acknowledge and agree that the Service is supported by advertisement and sponsors. Accordingly, Docs By Docs will, as a condition of providing the Service to You, display advertisements and sponsors’ Content, which may be targeted to You based on the Content You view, the search queries You submit to the Site, and other means. You specifically agree that Docs By Docs is entitled to place advertisement and sponsored material on the Site, in the Content, and using the Service, in its sole discretion. Docs By Docs is entitled to change the nature, amount, and the means of delivering advertisement and sponsored Content to You, without advance notice.
- License to Use the Site and Content. Docs by Docs hereby grants You a limited non-exclusive, non-transferable license for Your own personal, non-commercial purposes: (a) to use and view the Site and Content or (b) to download or print portions of the Site or Content (while maintaining and not removing or altering any notices of copyright, trademark or service mark rights or other proprietary notices).
- Restrictions on License and Confidentiality. The Site and the Content are, collectively, the “Licensed Material.” You shall not use or copy the Licensed Materials for purposes other than those permitted in Section 7. You shall not sell, rent, lease, sublicense, or transfer the Licensed Material to others. You shall not decompile, disassemble, reverse engineer, modify, or create a derivative work of any Docs By Docs-provided software used by the Site or obtained from the Site (“Software”).
- Support. Although Docs By Docs seeks to maximize the availability of the Site, You acknowledge that the Site may be unavailable if Docs By Docs or its service providers are maintaining or upgrading the Site, or if other Site outages occur. Docs By Docs cannot guarantee that the Site will be available 100% of the time. Docs By Docs will provide reasonable support for the Site and Service by email, but has no obligation to provide any other support.
- Intellectual Property Rights.
- “Intellectual Property Rights” means all forms of intellectual property rights and protections that may be obtained for, or may pertain to, the Service, the Site, Content (including without limitation articles provided to You, Content sponsored by Docs By Docs or its external sponsors, and advertisers’ Content), or other works of authorship, and may include, without limitation, all right, title, and interest in (i) all copyrights, other literary property, and authors’ rights, whether or not protected by copyright, under common law, state law, federal law, or the laws of foreign countries, (ii) all U.S. and foreign letters patent and all filed, pending, or potential applications for such letters patent, (iii) all trade secret rights and equivalent rights arising under common law, state law, federal law, or the laws of foreign countries, and (iv) all proprietary indicia, trademarks, trade names, symbols, logos, and/or brand names under common law, state law, federal law, or the laws of foreign countries.
- The Licensed Materials are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Materials are licensed to You, and not sold to You. Subject to the rights granted in Section 7, Docs By Docs and its licensors own all right, title, and interest in and to the Licensed Materials and any and all Intellectual Property Rights in the Licensed Materials shall remain the sole and exclusive property of Docs By Docs and its licensors. All rights not expressly granted under Section 7 are reserved by Docs By Docs and its licensors. You shall preserve and not remove any proprietary marks, legends, and copyright notices that appear in the Licensed Materials, or any portion thereof. This Agreement does not grant You any rights in connection with any trademarks or service marks of Docs By Docs.
- Your Obligations.
- If You are a Member, You must maintain Your password in confidence, You must maintain the security of Your password, and must not share account access with anyone else. You must also inform Docs By Docs immediately by email sent to firstname.lastname@example.org, if you have reason to believe that the security of Your password has been compromised. You must update Your account to provide Docs By Docs with accurate, current, and complete account information.
- “User Content” means text, images, graphics, video, sound, music, links, software, and other information generated or placed on the Site or Service by You or someone using Your account. You hereby grant Docs By Docs a royalty-free, worldwide, non-exclusive irrevocable sublicensable license to reproduce, distribute, and publicly perform and display the User Content You provide in connection with Your use of the Site or Service, and to make derivative works and compilations of such User Content for purposes of displaying it as part of the Content. You represent that any User Content you post to the Site is neither confidential, nor private information.
- You must not generate or place any User Content on the Site or Service unless You have the rights or permissions to do so. You must not generate or place any User Content on the Site or Service that You know to be false or misleading.
- You must not:
- Obtain or attempt to obtain unauthorized access to others’ Members’ accounts or to Docs By Docs’ servers;
- Impersonate another User or attempt to do so;
- Provide User Content or engage in conduct on the Site or with the Service that is pornographic, threatening, harassing, defamatory, unlawful, fraudulent, racist, bigoted, or in violation of the Intellectual Property Rights of third parties;
- Harvest or collect Content for the purpose of creating a database of information or posting or publishing it elsewhere.
- Harvest or collect email or other contact information for the purpose of sending or initiating unsolicited communications, whether written, oral, or electronic;
- Use the Site or Service to communicate any unsolicited or unauthorized advertisements, solicitations, or mass mailing, including but not limited to, communications commonly known as spam, junk mail, or chain letters;
- Use, copy, or republish the Site or Content to provide services or for commercial purposes.
- Violate or encourage the violation of any applicable law in Your User Content or by Your conduct on the Site or with the Service;
- Violate the privacy rights of anyone, by posting sensitive personal information or Content of or about another on the Site or otherwise;
- Provide User Content or engage in conduct on the site or with the Service that falsely states or implies that such User Content or conduct is sponsored or endorsed by Docs By Docs or that the User is somehow sponsored by, endorsed by, or affiliated with Docs By Docs.
- Provide User Content or engage in conduct on the Site or with the Service constituting a breach of, or threat to, the security of the Site or Service, including but not limited to any electronic information containing software designed to damage or disrupt a system, such as a virus, worm, or Trojan Horse; or
- Engage in conduct that Docs By Docs believes, in its sole judgment and discretion, inhibits or limits another User’s use or enjoyment of the Site or Service.
- Control of the Site. Docs By Docs reserves the right to remove any User Content and to change any Content it believes is necessary to remove or change in the course of its administration of the Site in its sole discretion, including any User Content that violates Section 12 above.
- Copyright Complaints. If You believe that any User Content or Content on the Site violates Your copyright rights, please send Docs By Docs a written, signed “take down” request notice through the link for reporting copyright complaints on the Site here or by sending a notice to Docs By Docs under Section 22 below. Any such request must be in the form of a sworn statement made under penalty of perjury, and must include information sufficient to identify the work You claim to have been infringed, to identify the allegedly infringing work, to provide Docs By Docs with means to communicate with You, to confirm that the use You report is unauthorized, and a statement that You are the copyright owner or acting as a duly authorized representative of the owner.
- GENERAL DISCLAIMER OF WARRANTY.
- THE SITE, THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCS BY DOCS AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
- YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, THE SERVICE, AND/OR THE CONTENT ARE AT YOUR OWN SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA CAUSED BY THE SITE, THE SERVICE, OR THE CONTENT. YOU ARE RESPONSIBLE FOR DETERMINING THAT THE SITE, THE SERVICE, AND THE CONTENT AVAILABLE ON THE SITE MEET YOUR REQUIREMENTS, AND HAVE THE QUALITY THAT YOU NEED, AND DOCS BY DOCS DISCLAIMS ANY SUCH RESPONSIBILITY. DOCS BY DOCS MAKES NO WARRANTY THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF MALICIOUS SOFTWARE, OR ERROR-FREE, THAT THE CONTENT ON THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SITE, THE SERVICE, OR THE CONTENT WILL BE CORRECTED. DOCS BY DOCS IS NOT RESPONSIBLE FOR THE USER CONTENT ON THE SITE OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICE.
- DISCLAIMER REGARDING LOCAL LAW. THIS AGREEMENT AND THE SERVICE ARE SUBJECT TO APPLICABLE LAW. YOU SHALL NOT USE THE SITE OR SERVICE TO THE EXTENT THE SERVICE OR THE CONTENT ON THE SITE, ARE PROHIBITED BY APPLICABLE LAW.
- OTHER SPECIFIC DISCLAIMERS. YOU ACKNOWLEDGE THAT YOUR USE OF THE CONTENT ON THE SITE IS AT YOUR OWN SOLE RISK, AND DOCS BY DOCS DOES NOT WARRANT OR GUARANTEE THE SAFETY, EFFECTIVENESS, OR OUTCOME OF THE USE OF THE CONTENT OR ANY TREATMENTS OR THERAPIES DESCRIBED OR REFERRED TO IN THE CONTENT. DOCS BY DOCS IS NOT RESPONSIBLE FOR ANY MALPRACTICE, BODILY INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES CAUSED BY THE CONTENT OR ITS AUTHORS OR THE SERVICES THEY PROVIDE, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE. DOCS BY DOCS SHALL NOT BE LIABLE TO ANY PARTY ARISING OUT OF YOUR OR ANOTHER PARTY’S ACTS OR OMISSIONS IN RELIANCE ON THE INFORMATION ON THE SITE. DOCS BY DOCS SHALL HAVE NO LIABILITY FOR REMOVING OR EDITING CONTENT, OR FAILING TO REMOVE OR EDIT CONTENT ON THE SITE UNDER SECTION 13. NOTHING IN THE SITE, THE SERVICE, OR THE CONTENT SHALL CONSTITUTE A RECOMMENDATION OR ENDORSEMENT OF PARTICULAR THERAPIES, HEALTHCARE PROVIDERS, ADVERTISERS, SPONSORS, OR ANY CONDUCT, INFORMATION, OR THERAPIES RECOMMENDED IN THE CONTENT OR BY USERS ON THE SITE. DOCS BY DOCS MAKES NO WARRANTY THAT THE INFORMATION PROVIDED IN THE CONTENT, BY USERS, OR BY ADVERTISERS OR SPONSORS ON THE SITE IS ACCURATE, CURRENT, COMPLETE, TIMELY, OR APPLICABLE TO YOUR OR ANYONE ELSE’S PARTICULAR HEALTH CONDITION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOCS BY DOCS MAKES NO WARRANTY THAT THE CONTENT ON THE SITE SUGGESTING THERAPIES FOR CERTAIN CONDITIONS MATCHES ANYONE’S ACTUAL HEALTH CONDITIONS, AND THE INFORMATION ON THE SITE DOES NOT CONSTITUTE ADVICE TO OBTAIN ANY SPECIFIC THERAPY OR USE ANY SPECIFIC PRACTITIONER OR TYPE OF PRACTITIONER. USERS ARE SOLELY LIABLE FOR ANY LIABILITY OR EXPENSE ARISING OUT OF THEIR FAILURE TO PROVIDE ACCURATE, CURRENT, COMPLETE, OR TIMELY INFORMATION.
- LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES WHATSOEVER SHALL DOCS BY DOCS OR ITS LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, OR THE COST OF PROCURING SUBSTITUTE SERVICES, EVEN IF DOCS BY DOCS OR ONE OR MORE OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- IN NO EVENT SHALL DOCS BY DOCS’ LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, THE SITE, THE SERVICE, OR THE CONTENT, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, EXCEED THE GREATER OF (a) $500 OR (b) THE AMOUNT OF THE FEES YOU PAID OR ARE PAYABLE HEREUNDER FOR THE PRECEDING 12-MONTH PERIOD. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF DAMAGES SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Release. You agree to release Docs by Docs for any and all claims, demands, obligations, damages, suits, actions, liabilities, and causes of action of any kind whatsoever, for any relief whatsoever, on any basis whatsoever, whether known or not, whether asserted or not, and whether fixed or contingent (collectively, “Claims”) arising out of any acts or omissions of any healthcare provider, including but not limited to Claims arising from any alleged malpractice, bodily injury, property damage, or any other damages caused by healthcare providers (whether or not they are authors of Content) or the services they provide, whether under contract, tort, negligence, statute, or otherwise.
- Indemnity. You agree to indemnify, hold harmless, and defend Docs By Docs, any parent, subsidiary, or affiliate of Docs By Docs, and all Docs by Docs licensors, as well as any of their respective officers, directors, members, employees, and agents (each of whom is referred to as an “Indemnified Party”) against all claims, demands, suits, losses, damages, liability costs, actions, judgments, and expenses (including reasonable attorney’s fees) arising from or in connection with:
- Your breach of any warranty or provision in this Agreement or any false representation;
- Any violation of law by You;
- Any User Content You post on or share using the Site;
- Any and all claims by third parties against one or more Indemnified Party based on allegations
- That Your User Content infringes upon any Intellectual Property Rights; or
- Relating to Your use of the Service or Site or Your acts or omissions during or arising from Your use of the Service or Site.
- Term and Termination. This Agreement shall remain in effect until terminated. Members may terminate their membership at any time by providing notice to Docs By Docs or following the instructions on the Site, although this Agreement will remain in effect to the extent that they continue to use the Site as a Visitor. In addition, Docs By Docs shall be entitled to terminate Members’ membership at any time, for any or no reason, with our without prior notice or explanation, and without liability, and after such termination, such Members shall not attempt to access the Site or the Service. Without limiting the generality of the foregoing, Docs By Docs is entitled to terminate Your membership if You violate any term of this Agreement, if You breach any warranty in this Agreement, or if any representation You make is false, and once Docs By Docs terminates Your Membership for any of the foregoing reasons, You shall not use the Site or attempt to register again for membership. Sections 2, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, and 29 shall remain in effect even if this Agreement or Your membership expires or is terminated for any reason.
- Notices. All notices and communications required or permitted under this Agreement shall be in writing and sent to the following address:
- Changes to the Agreement. Docs By Docs may, from time to time, make changes to this Agreement by posting a new Agreement to its website. Your continued use of the Site or Service after posting of the new Agreement constitutes Your acceptance of the changes to the Agreement. If You do not agree to changes to the Agreement, You must cancel Your registration and discontinue use of the Service and Site.
- Entire Agreement; amendment. This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by an authorized representative of each party.
- No Waiver. The failure of a party at any time to require performance of any obligation of the other party shall not affect its right to enforce any provision of this Agreement at a later time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
- Assignment and Binding Effect. Docs By Docs may assign this Agreement any successor in interest. You may not assign this Agreement or delegate the duties under this Agreement. This Agreement will be binding upon, and inure to the benefit of Docs By Docs, and its successors and assigns, as well as You and Your heirs, representatives, and successors.
- Severability. The unenforceability of any provision or provisions of this Agreement shall not render unenforceable or impair its remainder. If any provision of this Agreement is deemed invalid or unenforceable in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the offending provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties.
- Headings. The headings in this Agreement are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of this Agreement.
- Governing Law. This Agreement shall be governed by the internal laws of the State of California exclusive of its conflicts-of-law principles.
Docs by Docs Inc.
570 El Camino Real #150-338
Redwood City, CA 94063-1262
Notices shall be deemed to be given (a) on the third business day after mailing if mailed by certified or registered mail, postage prepaid and properly addressed, or (b) on the date of delivery shown by a delivery confirmation if sent by a nationally-known courier service.