Doctorpedia, Ltd.
Website Terms of Use
Last updated: January 2022
Please read these Terms of Use (“Terms”) carefully before using doctorpedia.com and any and all other sites, applications and social media accounts (the “Site”) operated by Doctorpedia Ltd. and/or its affiliates and/or subsidiaries (as existing from time to time) (“Doctorpedia”, “us”, “we”, or “our”).
These Terms apply to all visitors, users and others who access or use the Site (“you,” “your”).
By accessing or using the Site you agree to be bound by these Terms. Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. If you disagree with any part of the terms then you do not have permission to access the Site
Content Provided is Not Medical Advice
We are not a health care provider. Some of the materials on the Site may provide information regarding various health issues. The contents of the Site, including, but not limited to all videos, text, graphics, images, information obtained from our licensors, users, employees and other material contained on the Site (“Content”) are for informational and educational purposes only. The Content is not intended to be – and cannot serve as – a substitute for professional medical advice, diagnosis, or treatment. Do not rely on any of the Content in making decisions regarding your health. You should always seek the advice of your own physician or other qualified health provider with any questions you may have regarding a medical condition or any questions you have about your own health. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Persons accessing the Content assume full responsibility for the use of the Content and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Content.
We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site and/or in context of appointments made by means of the Site. We do not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on our Site and any medical professionals or partners who post on the Site are required to disclose any such conflicts of interest. Your reliance upon the Content obtained or used by you is solely at your own risk. Reliance on any information appearing on the Site at our invitation, or other visitors to the Site is solely at your own risk.
If you think you may be having a medical emergency, call your doctor, 911, or your local emergency services immediately.
Use of Site
Doctorpedia allows you to access and use the Site subject to the terms and conditions of these Terms for your personal use only. This does not allow you to make any commercial use of the Site or Content.
Use of and access to the Site is void where prohibited. By using the Site, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or have the permission of your parent or guardian, and (d) your use of the Site does not violate any applicable law or regulation or any obligation you may have to a third party. Except in cases in which Doctorpedia enters into separate agreements with you, currently, Doctorpedia makes the Site available free-of-charge to users, but Doctorpedia may choose at any time to charge for your future use of the Site.
You acknowledge that Doctorpedia may, in its sole discretion and at any time, modify the Site and/or discontinue providing the Site or any part thereof without notice. Doctorpedia, in its sole discretion and at any time, may change, modify or update the Site without prior notice to you, including to remove or change functionality. Doctorpedia has no obligation to maintain or support the Site or provide updates in respect thereof. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
Proprietary Information
Except as expressly provided hereunder, all elements comprising the Site, including without limitation, the Content and/or any text, site design, logos, graphics, icons, videos, written materials and images, as well as the selection, assembly and arrangement thereof, and the trademarks, service marks and logos (the “Marks”) (collectively, the “Site Materials”) are the sole property of Doctorpedia, our affiliates or of our licensors and are protected by copyright laws in the United States and in foreign countries. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Site Materials is strictly prohibited. The Marks displayed on the Site are our exclusive property unless otherwise stated and may not be used without our express written consent. All rights not expressly granted herein are reserved to us, our affiliates and our licensors. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
Ownership of the Site Materials remains with us and/or our licensors, including the medical professionals you see featured on the Site. Any use of the Site Materials not expressly permitted by these Terms will constitute a breach of these Terms and additionally may violate copyright, trademark, intellectual property and other laws of multiple jurisdictions. All rights not expressly granted herein are reserved to Doctorpedia and its licensors.
Permission to use the Site Materials is conditional on compliance with these Terms. Violation of these Terms automatically terminates your permission to use the Site Materials.
You are not required to provide us with any feedback or suggestions regarding the Site. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of the Site then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.
Copyright Infringement.
Doctorpedia respects the intellectual property rights of others and expects its users to do the same. Doctorpedia will remove all infringing user content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Doctorpedia’s policy to respond expeditiously to copyright owners who believe material appearing on the Site infringes their rights. If you believe that something appearing on the Platform infringes your copyright, you party may send Doctorpedia a notice requesting that it be removed, or access to it blocked. To be effective, the notice should contain substantially the following information: (i) the signature of the copyright owner or an authorized agent; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the infringing material; (iv) contact information for the copyright owner or authorized agent; (v) a statement that the person sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner. If you believe that such a notice has been wrongly filed against you, you may send Doctorpedia a counter-notice. It is Doctorpedia policy to determine whether it is appropriate to terminate the account of repeat infringers, taking all facts and circumstances into account. Send notices and counter-notices to Doctorpedia’s copyright agent: legal@doctorpedia.com.
Use Restrictions
When posting Content and/or communicating with other users, you undertake to conform to legal restrictions and be sensitive to medical data protection rules. You may not input, post share or use in connection with Site personally identifiable third party information (including without limitation patient information), or other personal information about another party. Any such practices will be a violation of these terms, cause for restrictions from this Site, and may be a violation of civil or criminal laws.
You agree that you will not act in any way or transmit any Content that: (a) restricts or inhibits use of the Site; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) our intellectual property or other rights or those of any other third party (including any patient); (e) may be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including with respect to activities by health care professionals and including obtaining all necessary permits, licenses, registrations, etc.; or would cause us to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage us or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains or links to the following: (i) material that has not been approved by any applicable medical, drug or device regulator or that violates medical ethics, (ii) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (iii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iv) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
You may not use Content accessed or provided by means of the Site to create a database (whether in print or electronically). The software and technology underlying the Site is our property, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site, including in order to allow you to copy or download any Content; (b) circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content; (c) use the Site and/or Content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (e) harvest, collect or mine information about other users of the Site; or (f) use or access another user’s account or password without permission.
Other Provisions Relating to the Site
Availability
We shall use reasonable commercial efforts to maintain the availability of the Site, but do not guarantee any specific level of availability of Site. We will not be liable to you as a result of temporary or permanent service interruptions.
No Liability for Links
The Site may provide links to websites operated by its affiliates and third parties, including links provided by medical professionals or partners who have profiles or channels on the Site. We make no representations whatsoever about any affiliate or third party websites that may be accessed through the Site, and the fact that such link appears should not be construed as an endorsement of that site or its proprietor, even if the link is provided by any medical professionals or partners who have profiles or channels on the Site. Doctorpedia has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Doctorpedia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Disclaimers & Disclaimer of Warranty
Your use of the Site is in your sole discretion and risk. The Site are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from us. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND TO THE SERVICES MADE AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE. Neither Doctorpedia, nor any of if its affiliates, subsidiaries, licensors, medical professionals or suppliers make any representations regarding the satisfaction of any applicable government regulations regarding prescription drug products, medical devices or treatments or the approval or compliance of any software tools related to the Content of the Site.
Content on the Site comes from a variety of sources, including from medical professionals or other persons who have profiles or channels on the Site. While Doctorpedia attempts to be as accurate as possible, WE DO NOT WARRANT THAT ANY CONTENT ON THE SITE, MEDICAL OR OTHER, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT PROVIDED TO YOU VIA THE SITE, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Content and/or information at any time without prior notice. While we provide a platform which allows you to make appointments with medical professionals, we are not responsible for the appointments, whether they occur or not, nor for what happens at these appointments. We are not responsible for the advice given by the medical professionals at these appointments.
You understand that we are not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to any Content available on the Site. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Site, including any personal information that you may choose to make available. Anyone receiving or viewing the Content on the Site may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Site. Please carefully select the type of information that you post or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SITE OR OTHERWISE.
No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Use of this Site involves the transmission of Content and data via a medium that may be beyond our control and jurisdiction and/or the control of our suppliers. Doctorpedia assumes no liability or responsibility for any delay, failures, interruption, or corruption of any data or any other information transmit in connection with the Site.
Limitation of Liability
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content on the Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any Content posted on or through the Site, or from the conduct of any users of the Site, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED US $50.
Indemnification
You agree to indemnify, defend, and hold harmless us and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (e) information and/or Content you provide to or use in connection with the services violating third party intellectual, privacy or other rights; (f) the violation of applicable law and (g) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site, including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.
Continuing Obligations upon Termination and/or Expiration
Following expiration or termination of these Terms for any reason, all of your rights to use or access the Site shall cease.
Miscellaneous
No Agency or Partnership.
These Terms do not constitute the parties as the legal representatives, agents, partners or joint ventures of each other for any purpose whatsoever. The parties have no right to create any obligations or responsibilities, express or implied, on behalf or in the name of the other, or to bind the other, legally, beneficially or otherwise.
Waiver
Our failure to exercise or enforce any right conferred upon us hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time, including rights to any payments, shall not be deemed a waiver thereof for any other time.
Severability
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and we shall, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.
Notice
All notices hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service, or e-mail, if to us, at email: contact@doctorpedia.com. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by e-mail.
Governing Law and Venue
These Terms shall be interpreted in accordance with the laws of the State of Delaware, United States. Customer agrees that any legal or equitable action of whatever nature by or against us arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts of Delaware, United States, without reference to conflict of laws principles
Assignment
We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void.
Invalidity.
If a court of competent jurisdiction holds that any one or more of these Terms’ provisions are invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of these Terms’ other provisions, and these Terms’ shall be construed as if it had never contained such invalid, illegal or unenforceable provisions.
