February 2020
Thank you for choosing to use this Website and subsites or the microsites of the registrant of the domain of the Website (the "Company", "us", "we" or "our"), and each of its affiliates and related websites or that our business partners or affiliates operate (the "Website"). By using our services, websites, or software applications (together, the "Service"), you are entering into a binding contract ("Agreement") with us. Your agreement with us includes these Terms of Use ("Terms") and our Privacy Policy. If you don't agree with these Terms or Privacy Policy, then please don't use the Website or Service. The Service includes social and interactive features. In order to use the Service, you need to (a) be 18 or older, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to us is true, accurate and complete, and you agree to keep it that way at all times.
Occasionally we may, in our discretion, make changes to the Service and Agreements. When we make changes to the Agreements that we consider material, we'll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
The Service and the content provided through it are the property of the Company or the Company's licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and to receive the media content made available through the Service in your Local Country, based on the Subscription or Trial, you have selected (the "License"). This License shall remain in effect for a period of 20 years unless terminated by you or the Company. Our software applications are licensed, not sold, to you, and we retain ownership of all copies of our software applications even after installation on your Devices. We may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this License, to any third party. All of the Company's trademarks, service marks, trade names, logos, domain names, and any other features of the Company brand are the sole property of the Company. This License does not grant you any rights to use the Company's trademarks, service marks, trade names, logos, domain names, or any other features of the Company brand, whether for commercial or non-commercial use. You agree to abide by the terms of this Agreement, and not to use the Service (including but not limited to its content) in any manner not expressly permitted by the Terms. Third party software libraries included in the Service are licensed to you either under these Terms, or under the relevant third party software library's license terms as published in the help or settings section of our desktop and mobile client and on our website, where applicable.
Where available, you may post, upload and/or contribute ("post") content to the Service, including pictures, text and playlist compilations ( "User Content"). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with the Company. This license lasts until you terminate your account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Service and your right to object to derogatory treatment of such User Content. We do not monitor, review, or edit User Content, but reserve the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in our sole discretion, violates these Agreements. We may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. We are not responsible for User Content nor do we endorse any opinion contained in User Content.
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Service. These Terms are not intended to grant rights to anyone except you and the Company, and in no event shall these Terms create any third party beneficiary rights. Any failure by the Company to enforce these Terms or any provision thereof shall not waive the Company's right to do so.
We've established a few ground rules for you to follow when using the Service, to make sure the Service is enjoyable for everyone. Please follow these rules and encourage other users to do the same.
We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof.
These Terms will continue to apply to you until terminated by either you or us. We may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms. If you or the Company terminate the Terms, or if the Company suspends your access to the Service, you agree that the Company shall have no liability or responsibility to you to the fullest extent permitted under applicable law.
We endeavor to provide the best service we can, but you understand and agree that THE SERVICE IS PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, CONSULTANTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANY LANGUAGE OR PROVISION TO THE CONTRARY, THE COMPANY'S LIABILITY UNDER ANY ACTION ARISING OUT OF OR FROM THIS AGREEMENT SHALL NOT EXCEED $1,000.
You will indemnify, defend and hold the Company and its members, officers, directors, consultants, employees, shareholders, agents and licensors harmless from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to your participation in the Service or your User Content.
This Agreement constitutes all the terms and conditions agreed upon between you and us and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Unless otherwise required by a mandatory law, these Agreements are subject to the law of the State of California, without regard to choice or conflicts of law principles. Any dispute arising from or out of, or relating to this Agreement shall be resolved by arbitration in accordance with a recognized arbitration association in California. Unless otherwise agreed by you and the Company, the seat of arbitration shall be San Diego. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
For customer service matters, to opt-out of a service or promotion, to request information or help, you may reach us by email at info@doctor-appointments.com. For privacy related matters, please see our Privacy Policy.