These Terms of Use are effective July 15, 2012 and replace all prior Terms of Use

Welcome to 1-800-DOCTORS, an online and telephony service provided by 1-800-Doctors, Inc. offering information about healthcare providers.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE THE 1-800-DOCTORS.COM WEBSITE: BY USING, BROWSING OR ACCESSING THE WEBSITE, YOU ARE CREATING A BINDING CONTRACT BETWEEN YOU AND 1-800-DOCTORS, INC. AND AGREEING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND ARE BOUND BY THESE TERMS.

If you do NOT agree with any of the terms, conditions or requirements of these Terms of Use, please do NOT browse or access the website.

The 1-800-DOCTORS.com website and the 1-800-DOCTORS telephony service (collectively, "1-800-DOCTORS") is provided to You by 1-800-DOCTORS, Inc., including any of its related, affiliated and/or subsidiary companies (individually and collectively, "1-800-DOCTORS,"We" or "Us"). 1-800-DOCTORS does not provide medical or health advice but offers information on practicing physicians and other healthcare providers.

1-800-DOCTORS obtains information from physicians and hospitals to help patients make informed choices in their search to independently assess particular physicians and other providers of healthcare services (collectively, "Healthcare Providers").

Information is free of charge to the consumer and is offered to the public for its non-commercial use. 1-800-DOCTORS does not charge most physicians to use its service; however, physicians practicing in some specialties do pay membership fees to 1-800-DOCTORS for their right to participate in advertising cooperatives to promote their specialties and to list themselves as physicians practicing within those specialties. Hospitals pay 1-800-DOCTORS license fees to use its telephone number, URL and other assets to promote the hospitals' physician referral services. 1-800-DOCTORS anticipates forming relationships with corporations who manufacture, sell or distribute medical products, services and devices and who may want to advertise their products and services directly to consumers. Consumers who elect to use 1-800-DOCTORS online or telephony services are deemed to have agreed to accept information or offers of such products, services or devices.

1-800-DOCTORS does not sell or distribute identifiable information concerning consumers who use its services to third parties but does share such information with its hospital licensees who use it to determine whether consumers using a 1-800-DOCTORS service subsequently use a hospital service.

Doctors who appear in online and telephonic searches performed by 1-800-DOCTORS on behalf of consumers are listed based on the consumers' stated preferences relating to factors such as, but not limited to, type of practice, location, insurance, gender, languages spoken, educational background and professional training.

The following Terms of Use are a User Agreement that governs Your access to and use of 1-800-DOCTORS, including physician profiles and other informative details about the Healthcare Providers and any other content (collectively, the "Content") and all of the products and services (collectively, the "Products and Services") offered by 1-800-DOCTORS available on or through 1-800-DOCTORS. The words "User," "You" and "Your" as used in this agreement refer to users of 1-800-DOCTORS, including, without limitation, Healthcare Providers who access 1-800-DOCTORS to edit any Content related to them and users who post ratings, reviews and/or comments about Healthcare Providers.

USER AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "I AGREE" BUTTON ASSOCIATED WITH THIS USER AGREEMENT OR ACCESSING, USING OR BROWSING 1-800-DOCTORS OR ANY OF THE CONTENT OR THE PRODUCTS AND SERVICES.

BY CLICKING ON "I AGREE," OR BY ACCESSING, BROWSING OR USING 1-800-DOCTORS OR ANY OF THE CONTENT OR THE PRODUCTS AND SERVICES, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT:

  1. YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT;
  2. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT;
  3. THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND 1-800-DOCTORS; AND
  4. IF ACCESSING, BROWSING OR USING 1-800-DOCTORS OR ANY OF THE CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT SELECT THE "I AGREE" BUTTON ASSOCIATED WITH THIS USER AGREEMENT OR ACCESS, BROWSE OR USE 1-800-DOCTORS OR ANY OF THE CONTENT OR THE PRODUCTS AND SERVICES. MOREOVER, 1-800-DOCTORS DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE 1-800-DOCTORS, THE CONTENT OR THE PRODUCTS AND SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE PRECEDING ACKNOWLEDGEMENT.

LICENSE

You agree by accessing, browsing or otherwise using 1-800-DOCTORS, including the Products and Services, 1-800-DOCTORS and the Content are and remain the sole property of 1-800-DOCTORS. Except as expressly permitted by 1-800-DOCTORS in writing, You agree that Your license to access, browse and/or use the Content and Products and Services is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view 1-800-DOCTORS and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of any such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in any such Content.

The terms "1-800-DOCTORS" and "1-800-DOCTORS.COM" are Service Marks registered in the United States Patent and Trademark Office. Except as expressly permitted by 1-800-DOCTORS in this User Agreement or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of 1-800-DOCTORS or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You may not use any metatags, meta elements, "hidden text" or other equivalents using the names "1-800-DOCTORS, Inc.," "1-800-DOCTORS" or www.1-800-DOCTORS.com, or any other colorable equivalent without the prior written authorization of 1-800-DOCTORS.

SUBMISSIONS

You acknowledge and agree that by submitting remarks, suggestions, ideas, graphics, feedback, edits, concepts or comments to 1-800-DOCTORS through 1-800-DOCTORS (individually and collectively, the "Submissions"), you (i) grant 1-800-DOCTORS a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submissions throughout the world in any media, now known or hereafter created without attribution, (ii) grant 1-800-DOCTORS the right to pursue at law any person or entity that violates Your and/or 1-800-DOCTORS's rights in Your Submissions, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submissions or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.

Except as described in 1-800-DOCTORS's Privacy Policy (the "Privacy Policy"), 1-800-DOCTORS will not be required to treat any of Your Submissions as confidential, and you acknowledge and agree 1-800-DOCTORS may use in connection with its business any of the concepts and ideas contained in Your Submissions (including without limitation, product or advertising ideas) without compensation to You and 1-800-DOCTORS will not incur any liability to You as a result of any similarities between concepts and ideas contained in Your Submissions and future 1-800-DOCTORS operations and business. Except as otherwise set forth in this User Agreement, 1-800-DOCTORS will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to You or any other person.

Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy (see below). You are responsible for the content of Your Submissions and agree to defend (at 1-800-DOCTORS's option and at Your sole expense), indemnify and hold 1-800-DOCTORS harmless from any damages, losses, costs, or expenses, including reasonable attorneys' fees, which 1-800-DOCTORS may incur as a result of Your Submissions.

With respect to Your Submissions, You acknowledge, warrant and agree that:

  1. If your Submissions concern Healthcare Providers, Your Submissions will be true and accurate, are the original work of Your authorship, only concern or relate to the care or service that You, Your minor child or Your ward received from the Healthcare Providers being reviewed, that You are not related to or employed by the Healthcare Providers being reviewed and that You are not impersonating any other person;
  2. If You are a Healthcare Provider submitting or editing any Content, Your Submissions will be true and accurate, are the original work of Your authorship, You are the Healthcare Provider specifically identified in the Content being submitted or edited, and Your Submissions will only concern You and the services that You provide.
  3. If You are a person authorized by a Healthcare Provider to submit or edit Content specifically related to that Healthcare Provider, Your Submissions will be true and accurate, are the original work of Your authorship, You are authorized by the Healthcare Provider identified in the Content being submitted or edited to make such edits and Submissions and Your Submissions will only concern that Healthcare Provider and the services provided by that Healthcare Provider.
  4. You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information (other than the name of the Healthcare Providers being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
  5. Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, or (viii) are deemed confidential by any contract or policy.

1-800-DOCTORS retains the right to review and delete or remove from public view on 1-800-DOCTORS and delete from any other media or server where Your Submissions may be stored or displayed by or on behalf of 1-800-DOCTORS, any Submissions, which 1-800-DOCTORS in its sole discretion considers illegal, offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise violates the terms and conditions of this User Agreement. If notified of an allegation that 1-800-DOCTORS contains infringing information, materials or other content, 1-800-DOCTORS may investigate the allegation and determine in 1-800-DOCTORS's sole discretion whether to remove or request the removal of the same from 1-800-DOCTORS and from any other media or server where the infringing content may be stored or displayed by 1-800-DOCTORS.

USER IDS AND PASSWORDS

Access to certain areas of 1-800-DOCTORS, the Content and the Products and Services may become limited by a user identifier ("User ID") and password, which are selected and/or supplied by You as part of registering for a service account via the 1-800-DOCTORS.com website (the "1-800-DOCTORS account"). By registering a 1-800-DOCTORS account, You represent, warrant and agree that: (i) You are at least 18 years of age, (ii) You are using Your actual identity, (iii) You have provided only true, accurate, current and complete information about You during the registration process, and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.

By logging onto a 1-800-DOCTORS account using a password, You represent, warrant and agree that You are authorized to use such password and to engage in the activities that You conduct thereunder. You further agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through 1-800-DOCTORS in connection with Your User ID and password regardless of whether or not You are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your account or Your computer. Accordingly, You release and hold harmless 1-800-DOCTORS from any and all claims and causes of action arising out of or resulting from a third party's unauthorized use of Your 1-800-DOCTORS' account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password to or with any third party.

1-800-DOCTORS reserves the right to deny or revoke access to 1-800-DOCTORS, or any part thereof, at any time in its sole discretion, with or without cause. Your access to 1-800-DOCTORS will terminate upon the termination of this User Agreement for any reason at the sole discretion of 1-800-DOCTORS. If You wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a password, please notify 1-800-DOCTORS immediately by sending an e-mail to support@1-800-DOCTORS.com.

SITE MONITORING

1-800-DOCTORS may monitor or review any areas on 1-800-DOCTORS where, in the future, Users may transmit or post communications or communicate solely with each other, for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with this User Agreement. However, 1-800-DOCTORS does not undertake to monitor or review any or all Submissions, or every posting or communication, and 1-800-DOCTORS disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

1-800-DOCTORS is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted or displayed on 1-800-DOCTORS, including, without limitation, all third party advertising posted or displayed on 1-800-DOCTORS. While 1-800-DOCTORS, from time to time and in its discretion, may monitor the content of the Submissions and other third party communications posted or displayed on 1-800-DOCTORS, 1-800-DOCTORS does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted on 1-800-DOCTORS by Users and other third parties. Any information or material placed on 1-800-DOCTORS by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such information or material, and do not necessarily represent the views of 1-800-DOCTORS. 1-800-DOCTORS reserves all of its rights to discontinue in its sole discretion the Products and Services provided on 1-800-DOCTORS in general or to any User or Healthcare Provider at any time.

Subject to the terms of the Privacy Policy, which is incorporated and made part of this User Agreement, 1-800-DOCTORS may disclose to third parties any records, electronic communications, information, materials or other content of any kind (i) if 1-800-DOCTORS believes in good faith that the law or legal process requires it, (ii) if such disclosure is necessary or appropriate to operate 1-800-DOCTORS, or (iii) to protect 1-800-DOCTORS's rights and property or the rights and property of 1-800-DOCTORS's users and business partners.

PRIVACY POLICY

1-800-DOCTORS recognizes the importance of protecting the privacy of Users and visitors to 1-800-DOCTORS. The 1-800-DOCTORS Privacy Policy is incorporated and made part of this User Agreement. To view the most current version of the Privacy Policy, please visit the Privacy Policy page on the 1-800-DOCTORS.com website or click here, if you are reading this on the 1-800-DOCTORS.com website. Any changes to the Privacy Policy will be communicated on the Privacy Policy page on the 1-800-DOCTORS.com website.

INTELLECTUAL PROPERTY

All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of 1-800-DOCTORS and the Content, and all intellectual property rights embodied therein, are the property of 1-800-DOCTORS or its licensors or suppliers, including any of the Content that may be stored or displayed by 1-800-DOCTORS on other media or servers. 1-800-DOCTORS and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by this User Agreement or by 1-800-DOCTORS's express authorization.

USE OF 1-800-DOCTORS

Without limiting anything else contained in this User Agreement, You agree and acknowledge that:

  1. The Content, Submissions, databases used to store the Content, Submissions, Products and Services ("Databases") and any other information contained therein are valuable intellectual property owned by or licensed to 1-800-DOCTORS, and that no proprietary rights therein are being transferred to You by this User Agreement.
  2. You will not, directly or indirectly:
    1. Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial evaluation of Healthcare Providers,
    2. Use the Content, Submissions, Databases, Products and Services and any other information contained therein to compile mailing lists or other lists of Healthcare Providers for commercial purposes,
    3. Use the Content, Submissions, Databases, Products and Services and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom,
    4. Use the Content, Submissions, Databases, Products and Services and any other information contained therein in violation of any applicable laws or regulations,
    5. Publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity,
    6. Attempt to access or access any other User's account,
    7. Attempt to obtain or ascertain or obtain or ascertain any other User's user name, password and/or personal information by any means whatsoever,
    8. Attempt to elude 1-800-DOCTORS's security systems,
    9. Attempt to gain access or gain access to 1-800-DOCTORS in a fraudulent manner,
    10. Use 1-800-DOCTORS for any purposes other than those intended by 1-800-DOCTORS, as determined by 1-800-DOCTORS in its sole discretion, or
    11. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
  3. You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases, Products and Services and any other information contained therein will cause irreparable harm to 1-800-DOCTORS and that in such event money damages will not constitute sufficient compensation to 1-800-DOCTORS; consequently, in the event that You, directly or indirectly, misappropriate or misuse any of the Content, Submissions, Databases, Products and Services and/or any other information contained therein, You specifically consent to 1-800-DOCTORS obtaining injunctive relief against You in addition to any other legal or financial remedies to which 1-800-DOCTORS may be entitled.

1-800-DOCTORS reserves the right to modify and/or discontinue 1-800-DOCTORS at any time, for any reason and without notice, and to terminate Your password and account should you be in violation of this User Agreement, including, but not limited to, the provisions of this section entitled "Use of 1-800-DOCTORS".

NO MEDICAL ADVICE

1-800-DOCTORS is not a provider of medical advice and no Content or other information contained on 1-800-DOCTORS should be construed as medical and/or health advice. Always seek the advice of Your physician or other qualified Healthcare Provider for answers to any questions You may have regarding a medical or health related condition. Neither the Content, other information contained on 1-800-DOCTORS, nor any other service offered by or through 1-800-DOCTORS is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something You have read on 1-800-DOCTORS.

1-800-DOCTORS does not recommend or endorse any particular Healthcare Provider whose information appear on 1-800-DOCTORS. Rather, 1-800-DOCTORS is only a "conduit" or intermediary that provides the aforementioned Content regarding Healthcare Providers. No Content or other information contained on 1-800-DOCTORS should be construed as an endorsement of a particular Healthcare Provider. The Content and other information on 1-800-DOCTORS include statements of opinion, which are not statements of fact or 1-800-DOCTORS's recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to selecting and using any specific Healthcare Provider.

The opinions expressed on 1-800-DOCTORS are those of its Users and not 1-800-DOCTORS. The Content is presented in summary form, is general in nature, and is provided for informational purposes only. 1-800-DOCTORS does not offer advice regarding the quality or suitability of any particular Healthcare Provider for any condition, including specific treatments or health conditions.

You agree to assume all responsibility in connection with choosing any Healthcare Provider, whether or not You obtained information about such Healthcare Provider on or through 1-800-DOCTORS. You specifically acknowledge and agree that 1-800-DOCTORS is not responsible or liable for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.

LINKS

Internet websites and mobile applications that are not owned, operated or controlled by 1-800-DOCTORS ("other websites and applications") may link to or from 1-800-DOCTORS. Such other websites and applications contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of 1-800-DOCTORS. 1-800-DOCTORS does not endorse, approve, certify, maintain, or control these other websites and applications and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses or on such applications. Use of any information obtained from such other websites and applications is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those other websites' and applications' respective terms of use and privacy policies. Neither the inclusion of the link on 1-800-DOCTORS nor reference on the other websites and applications to any Healthcare Provider, product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by 1-800-DOCTORS. You acknowledge and agree that 1-800-DOCTORS shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications.

1-800-DOCTORS does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and applications and You acknowledge and agree that 1-800-DOCTORS shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. 1-800-DOCTORS does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to 1-800-DOCTORS. Unless approved in writing in advance by 1-800-DOCTORS, You agree not to: (i) provide or create a link to 1-800-DOCTORS, or (ii) create any frames at any other websites or mobile applications pertaining to any of the Content located at 1-800-DOCTORS.

DISCLAIMERS

YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:

1-800-DOCTORS AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. 1-800-DOCTORS MAY MAKE CHANGES OR IMPROVEMENTS THERETO AT ANY TIME WITHOUT NOTICE. 1-800-DOCTORS AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. 1-800-DOCTORS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH 1-800-DOCTORS.

1-800-DOCTORS DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF OR YOUR ACCESS TO THE 1-800-DOCTORS.COM WEBSITE, THAT 1-800-DOCTORS AND YOUR USE OF 1-800-DOCTORS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT 1-800-DOCTORS OR THE SERVER OR CODE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 1-800-DOCTORS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF 1-800-DOCTORS AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT 1-800-DOCTORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF 1-800-DOCTORS AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

1-800-DOCTORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT 1-800-DOCTORS OR ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. 1-800-DOCTORS DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY AGREEMENTS YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU OBTAIN FROM HEALTHCARE PROVIDERS OR THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH 1-800-DOCTORS, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.

LIMITATIONS ON LIABILITY

1-800-DOCTORS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF 1-800-DOCTORS AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. 1-800-DOCTORS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, 1-800-DOCTORS AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH 1-800-DOCTORS, EVEN IF THERE IS NEGLIGENCE BY 1-800-DOCTORS OR BY AN AUTHORIZED 1-800-DOCTORS REPRESENTATIVE, OR AN AUTHORIZED 1-800-DOCTORS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. 1-800-DOCTORS'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO 1-800-DOCTORS, IF ANY, TO ACCESS OR USE 1-800-DOCTORS.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 1-800-DOCTORS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:

  1. YOUR USE OF 1-800-DOCTORS AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH 1-800-DOCTORS,
  2. ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH 1-800-DOCTORS,
  3. ANY BREACH BY YOU OF THIS USER AGREEMENT,
  4. ANY SUBMISSIONS YOU MAKE OR POST ON 1-800-DOCTORS, AND
  5. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH 1-800-DOCTORS (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING 1-800-DOCTORS USING YOUR 1-800-DOCTORS ACCOUNTOR YOUR COMPUTER.

RELEASE FOR FORCE MAJEURE

You absolve and release 1-800-DOCTORS and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which 1-800-DOCTORS or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

TERM AND TERMINATION

This User Agreement will take effect at the earlier of the time You click "I Agree" to this User Agreement or that You access, browse or use 1-800-DOCTORS or any of the Content, and continues in perpetuity unless terminated by You in accordance with this provision and/or by 1-800-DOCTORS. 1-800-DOCTORS reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to 1-800-DOCTORS and any of the Content, (ii) to change, remove or discontinue any of the Content or services available on or through 1-800-DOCTORS, or (iii) to terminate this User Agreement.

You may terminate this agreement at any time by destroying: (a) all of the Content obtained from 1-800-DOCTORS, including, without limitation, permanently deleting all of the Content you have copied or stored on any computer, mobile device and any media; and (b) all related documentation. In addition, and upon 1-800-DOCTORS's request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this User Agreement which by their nature are intended to survive and will survive the termination or expiration of this User Agreement for any reason.

NOTICES

Any notice or other document or communication required or permitted hereunder to 1-800-DOCTORS will be deemed to have been duly given only if in writing and delivered by any of the following methods:

  1. Certified U.S. mail, return receipt requested, postage prepaid, to 1-800-DOCTORS, Inc. at 186 Wood Avenue South, Suite 102, Iselin, NJ 08830; or
  2. Email sent to support@1-800-DOCTORS.com.

Notices to 1-800-DOCTORS shall be deemed delivered when actually received by 1-800-DOCTORS.

Any notice or other document or communication from 1-800-DOCTORS required or permitted hereunder will be sent to the e-mail address that You provide when You register with 1-800-DOCTORS (or any updated e-mail address that You may provide after registering). Such notice will be deemed received by You the business day after the e-mail is sent, whether or not You provided an accurate or current e-mail address.

Should You elect to send or receive e-mail communications of any kind to or from 1-800-DOCTORS, You represent and warrant to 1-800-DOCTORS that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

JURISDICTION; COMPLIANCE WITH LAWS

Except as set forth otherwise herein, 1-800-DOCTORS controls and operates 1-800-DOCTORS from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department's Specially Designated national list, or (iii) to anyone on the US Commerce Department's Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

Access, browsing and use of 1-800-DOCTORS, the Content and this User Agreement, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New Jersey, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction.

ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR DOWNLOADING, INSTALLATION OR USE OF THE 1-800-DOCTORS WEBSITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW JERSEY, U.S.A., AND YOU AND 1-800-DOCTORS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

WAIVER

No delay or omission by 1-800-DOCTORS to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this User Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by 1-800-DOCTORS of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

SEVERABILITY

If any portion of this User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

INDEPENDENT CONTRACTOR

1-800-DOCTORS is an independent contractor; nothing in this User Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and 1-800-DOCTORS.

CONTINUED USE DEEMED ACCEPTANCE

1-800-DOCTORS reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this User Agreement from time to time. 1-800-DOCTORS will post any changes on this page (with the effective date of the update near the top of this page). 1-800-DOCTORS encourages You to check back and review this agreement for any updates or modifications. After any such modification becomes effective, 1-800-DOCTORS will deem Your continued use of 1-800-DOCTORS or any of the Content to constitute Your acceptance of and agreement to such modification.

ENTIRE AGREEMENT

This User Agreement constitutes the entire agreement between You and 1-800-DOCTORS with respect to Your use of 1-800-DOCTORS, the Content and the Products and Services, and supersedes any and all prior understandings or agreements between You and 1-800-DOCTORS, whether written or oral. You acknowledge that, in providing You access to and use of 1-800-DOCTORS and the Content, 1-800-DOCTORS has relied on Your acceptance of this User Agreement.