IMPORTANT! PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY BEFORE USING THEDOCTORLOCATOR.COM
AS THEY AFFECT AND GOVERN YOUR LEGAL RIGHTS AND OBLIGATIONS. STAGE 29
PRODUCTIONS, LLC. ("COMPANY" OR "WE," "OUR," OR "US") OWNS OR CONTROLSTHEDOCTORLOCATOR.COM
(HOWEVER ACCESSED AND/OR USED, WHETHER VIA PERSONAL COMPUTERS, MOBILE DEVICES,
OR OTHERWISE) AND OTHER INTERACTIVE FEATURES THAT ARE ACCESSIBLE OR
DOWNLOADABLE THROUGHTHEDOCTORLOCATOR.COM AND THAT POST A LINK TO THESE TERMS
(THE "WEB SITE"). THESE TERMS GOVERN YOUR USE OF THE WEB SITE.
You agree to these Terms by accessing or using this Web Site, registering for
services offered on the Web Site, or by accepting, uploading, submitting or
downloading any information or content from or to the Web Site.
In some instances, both these Terms and a separate guidelines document or end
user license agreement setting forth additional conditions may apply to a
service or feature offered through this Web Site ("Additional Terms"). To the
extent there is a conflict between these Terms and any Additional Terms, the
Additional Terms will control unless the Additional Terms expressly state
otherwise. Unless explicitly stated otherwise, any new features that augment or
enhance the Web Site, including the release of new or specialized Company
web-based services, are subject to these Terms. In order to use the Web Site,
you must obtain access to the Internet, either directly or through devices that
access web-based content, and pay any service fees associated with such access.
In addition, you must provide all equipment and technology necessary to make
such connection to the Internet (e.g., personal computer, modem, cell phone,
other access device, etc.).
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB
SITE. You agree to comply with all rules, laws and regulations that are
applicable to your use of the Web Site, including, without limitation, those
governing your transmission or use of any software or data.
TheDoctorLocator.com provides a service and this Web Site and its Content,
including any doctor listing, is for informational purposes only and is not
intended to replace or substitute for any medical or other professional advice.
The doctors listed on the site are
independent practitioners and any relationship you establish with any doctor is
solely between you and that doctor. Therefore, you
should take steps to determine independently whether a particular doctor is
right for you and your medical needs. You
should note that each
state has a Medical Board Web site that lists the current licenses, credentials
and standings for doctors practicing in that state. To view the listings, simply consult the
Medical Board Web page in your respective state.
Company
and the affiliates or the directors, officers, employees, or other
representatives of each of them (collectively, the "Company Entities")
make no representations or warranties regarding the capabilities of any doctor
listed here. TheDoctorLocator.com and
the Company Entities are not responsible and expressly disclaim any and all
liability concerning any relationship you establish with a doctor or any
medical advice or treatment provided by any doctor listed on this site.
OWNERSHIP OF CONTENTS/LICENSE
This Web Site and all of its past, current and future content, such as
articles, opinions, other text, directories, guides, photographs,
illustrations, designs, compilations, images, video and audio clips and
advertising copy, as well as the trademarks, logos, domain names, trade names,
service marks, trade identities, any and all copyrightable material (including
source and object code), and all other materials related to the "look and feel"
of the Web Site, and any other form of intellectual property (collectively, the
"Content") is owned by or licensed to Company or other authorized third parties
and is protected as intellectual property or otherwise. Except as expressly set
forth in these Terms or expressly granted to you in writing by Company, no
rights (either by implication, estoppel or otherwise) are granted to you. You
may only use the Content as expressly set forth in these Terms. UNAUTHORIZED
USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR
ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY
PROHIBITED. You agree to abide by any and all additional copyright notices,
information or restrictions contained in any part of the Web Site.
Subject to your strict compliance with these Terms and any Additional Terms,
Company grants you a limited, personal, non-exclusive, non-commercial,
revocable, non-assignable and non-transferable license to access, download,
view, use and/or play a single copy of the Content (excluding object and source
code). You must retain all copyright, trademark and other proprietary notices
contained in the original Content or any copy you may make of the Content. You
may not, nor may you allow or aid or abet any third party (whether or not for
your benefit) to copy or adapt any code that comprises the Web Site's software,
HTML, JavaScript or other script, or otherwise reverse engineer, decompile,
reverse assemble, modify or attempt to discover any source code used to
generate the Web Site or any software or other products or processes accessible
through the Web site, nor insert any code or product to manipulate the Content
in any way that affects any user's experience. Unless otherwise expressly
authorized in these Terms, the Additional Terms or on the Web Site, you further
agree that you will not, in whole or in part, modify, reproduce, archive,
transfer by any means, create derivative works from, publish in any form,
online or offline, disseminate, or circulate to any third-party, or otherwise
use the Content in any way for any public or commercial purpose. You also agree
that you will not use any robot, spider, rover, scraper, or any other data
mining technology or automatic or manual process to monitor, cache, frame,
mask, extract data from, copy or distribute the Content (except as may be a
result of standard search engine activity or your use of a standard Internet
browser).
INFORMATION YOU SUBMIT
The Web Site may provide the opportunity for you to upload or otherwise submit
information, including ideas, data, software, messages, photographs, audio,
video, text, and other materials ("Your Upload Information"), which may or may
not be intended to be posted publicly on the Web Site. Except as otherwise expressly described in
the our Privacy Policy, any applicable Additional Terms or on the
Web Site, Your Upload Information will be treated as non-confidential and
non-proprietary and we will not be liable for any use or disclosure to anyone,
including but not limited to claimed intellectual property owners. When you
upload your Upload Information via the Web Site, you automatically and
irrevocably grant to Company, its Affiliates, and partners a non-exclusive,
worldwide, royalty-free license to your Upload Information, including, without
limitation, all patents, trademarks, service marks, trade names, trade
identities, copyrights, ideas, expression of ideas, trade secrets, logos,
domain names, know-how, source code and object code, mask-work rights,
inventions, moral rights, author's rights, algorithms, rights in packaging,
goodwill and other intellectual property and proprietary rights ("IP
Rights") whatsoever in Your Upload Information. You further agree that
Company, its Affiliates, and the directors, officers, employees, and other
representatives of each of them will have the unfettered right throughout the
universe, in perpetuity, without any credit, compensation or consideration of
any kind to you or to anyone else, to use, reuse, modify, alter, display,
exploit, develop, improve, archive, publish, sub-license, perform, reproduce,
disclose, transmit, broadcast, post, sell, translate, create derivative works
of, distribute and use for advertising, marketing, publicity and promotional
purposes, any of Your Upload Information or portions of Your Upload
Information, and your name, voice, likeness, and other identifying information
in any form, media, software or technology of any kind now known or developed
in the future for any purposes whatsoever including, without limitation,
developing, manufacturing and marketing products using Your Upload Information.
You acknowledge that Company may be working on or developing IP Rights similar
or the same in nature to Your Upload Information and that Company may have
received similar or the same IP Rights from another party. Company owes you no
obligation to Your Upload Information unless you and Company enter a written
agreement to that effect. If Your Upload Information is subject to protection
under intellectual property rights laws, you are responsible for seeking and
securing any such protection that may be available to you. Any discussion or
negotiations between you and Company regarding Your Upload Information does not
constitute Company's recognition of the novelty or originality of Your Upload
Information. You hereby waive any moral rights you may have in and to any of
Your Upload Information, even if such material is altered or changed in a
manner not agreeable to you. You agree and understand that Company and its
Affiliates are not obligated to use Your Upload Information, submitted through
the Web Site or otherwise, and may alternatively choose to discard, limit or
block access to Your Upload Information without any liability whatsoever. USER SUBMISSION POLICY
As used in the Terms, "Affiliates" means Company's parent company(ies), CBS
Studios Inc. and its and their related companies, subsidiaries, licensors,
divisions, affiliates, directors, officers, partners, agents and assigns.
You represent, warrant and agree not to do any of the following while using the
Web Site:
1. transmit any content, information, or software that is unlawful,
plagiarizes, or infringes, violates or misappropriates any patent, trademark,
trade identity right, trade secret, publicity right, privacy right, copyright
(including, without limitation, offering pirated computer programs or links to
such programs, information used to circumvent manufacturer-installed
copy-protect devices, including serial registration numbers for software
programs, or any type of cracker utilities), or any other intellectual
property, proprietary right or any other rights of any third party;
2. defame, harass, stalk, sexually exploit, violently exploit, act
violently toward or otherwise abuse or violate the legal right of another user;
3. upload, post, e-mail, transmit, display, distribute, promote or
otherwise make available (collectively, "Transmit") any material: (i) that is
profane, false, harmful, threatening, abusive, tortious, defamatory, libelous,
disparaging (including disparaging of Company or the Affiliates); (ii) contains
any negative comments that pertain to an individual's race or national origin,
gender, sexual preference, religion or physical handicap; (iii) that adversely
affects Company or Affiliates business such as discouraging any person or
entity from advertising with, linking to or supplying Company or Affiliates;
(iv) is vulgar, indecent, sexual, obscene or pornographic; (v) that promotes
violence, racial hatred, terrorism or illegal acts; (vi) contains the personal
information of a third party; or (vii) is otherwise objectionable (as
determined by Company in its sole discretion);
4. transmit material of any kind that contains viruses, Trojan horses,
time bombs, worms, spyware, adware, corrupted files, bots, any automated use of
the system, such as scripts, or other harmful, disruptive or destructive files
or post material that interferes with any third party's uninterrupted use and
enjoyment of the Web Site, interferes with or disrupts the Web Site or servers
or networks connected to the Web Site or disobeys any requirements, procedures,
policies or regulations of networks connected to the Web Site or take any steps
to, on or in connection with the Web Sites that deactivates any copy protection
devices, programs or utilities;
5. impersonate any person or entity including, without limitation, a
Company representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
6. disguise the origin of any content transmitted through the Web Site or
to Company, including forging or manipulating any TCP/IP packet header or any
part of the header information in any transmission to the Web Site for any
reason;
7. except in areas specifically designated for such purposes, transmit
any unsolicited or unauthorized advertising, promotional materials, or offer to
sell any goods or services for any commercial purpose (unless Company consents
in writing), to insert links to web sites that facilitate unauthorized access
to copyrighted content, or transmit any junk mail, spam, chain letters, pyramid
schemes, requests for money, petitions for signature, or any other form of
solicitation or offer for sale of any products or services;
8. encourage, promote, solicit or commit conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, federal or international law, rule or regulation or
otherwise make available any material that exploits or harms any individual,
corporation or other entity;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Web Site are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
10. solicit or collect personal data including, without limitation,
telephone numbers, addresses, last names or email addresses, about other users;
11. upload, download or transmit any file that you know or reasonably
should know cannot be legally used or obtained in such manner;
12. falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or the source of
software or other material;
13. restrict or inhibit any other user from using and enjoying any public
area within our Web Sites; or
14. interfere with or disrupt the Web Sites, servers, or networks;
You are solely responsible for your interaction with other users of this Web
Site, whether online or offline. We are not responsible or liable for the
conduct of any user. We reserve the right, but have no obligation, to monitor
or become involved in disputes between you and other users.
VIRAL DISTRIBUTION
Only by express written direction as may appear on the Web Site from time to
time, the Company may grant you the limited, revocable permission to engage in
certain expressly described personal uses of Content or other Company materials
as may from time to time be made available via forms of digital delivery on the
Web Site for such purpose ("Viral Distribution"). Express written permission
for Viral Distribution may include these personal uses: (a) sending Content or
other Company materials to friends or acquaintances at no charge; (b) posting
and displaying a copy of Content or other Company materials such as
Collaborative Works on a personal web site; or (c) posting and displaying a
copy of the Content or other Company materials such as Collaborative Works on a
third party web site that permits users to post content, so long as the posting
is allowed pursuant to the third party site terms and conditions, and provided
that the third party Web site does not charge for access to those materials or
associate those materials with products, services or advertising.
If expressly permitted and made available on the Web Site, you may engage in
Viral Distribution pursuant to these Terms, but you will not make any use of or
license, distribute, reproduce, or otherwise exploit any part of the Content
without our express written permission.
WIDGETS
The Site may provide certain materials from the Service that you may choose to
include in your personal web page or social networking profile page
("Personal Page") by pasting the HTML or other code provided by
Company and labeled as an embed code (or similar identifying label)
("Embed Code") into your Personal Page ("Widget"). For any
Widgets that Company makes available on the Site, Company grants you a license,
subject to the restrictions in this Agreement and any applicable additional
guidelines or rules, to include the Embed Code as provided by Company (without
editing) for inclusion on your Personal Page only. You agree that Company's
license grant to you to use Widgets on your Personal Page does not provide you
with any intellectual property rights, including copyrights, in the materials
made available via any Widget. You agree to include, and not remove or alter,
Company's trademark, copyright or other proprietary rights notices, as provided
by Company on the Widget, Widget code or materials made available via a Widget.
You agree not to circumvent (or attempt to circumvent) the security or rights
management features in the Widget or any component of the Widget that are
designed to prevent users from copying, manipulating or retaining the materials
made available via the Widget. You also agree to not use (or attempt to use)
the Widget to display content other than the Materials provided or intended by
Company to be displayed via a particular Widget.
DISCLAIMERS/LIMITATIONS ON LIABILITY
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE IS
PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS". TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR
WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOVER, EITHER EXPRESS OR IMPLIED,
ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH
THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB
SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY
PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD
PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT
THAT THE WEB SITE, ANY OF THE WEB SITE'S FUNCTIONS OR ANY CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR
THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL
IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY
DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF
THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR
ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE
OR THE CONTENT. FURTHER, COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR
IMPLIED WARRANTIESINCLUDING, WITHOUT LIMITATION, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER
REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE
INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER
WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH
JURISDICTION''S LAW IS APPLICABLE TO THIS AGREEMENT
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH
YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
NEITHER COMPANY NOR THE AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S
COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR
TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR
FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY
OTHER TECHNICAL OR OTHER MALFUNCTION.
UNDER NO CIRCUMSTANCES SHALL COMPANY ENTITIES AND INDIVIDUALS, BE LIABLE TO YOU
FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY
DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR
PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THIS WEB
SITE AND ITS CONTENT (INCLUDING ANY DOCTOR LISTING), SOFTWARE OR YOUR UPLOAD
INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE
(3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW
ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT; (4); OR
(4) ANY ERRORS OR OMISSIONS IN THE WEB SITE''S TECHNICAL OPERATION, EVEN IF
FORESEEABLE OR EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF THOSE DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSES IN WHOLE
OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR
DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL COMPANY ENTITIES AND INDIVIDUALS
BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT
LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION IN THESE
TERMS, UNDER NO CIRCUMSTANCES WILL THE COMPANY ENTITIES AND INDIVDUALS BE
LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN
AMOUNT GREATER THAN TEN DOLLARS ($10).
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE
DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR
INJURIES THAT ARISE OUT OF COMPANY''S ACTS OR OMISSIONS, THE DAMAGES, IF ANY,
CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION
PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM,
TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR
CONTROLLED BY COMPANY AND/OR ITS AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU
WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION,
DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE,
PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER
AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR
ACTIONS RELATED THERETO.
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT
TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH
SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY
EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA,
AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
""A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
THIRD PARTIES/NO ENDORSEMENT
Certain areas of the Web Site may allow you to conduct transactions or purchase
goods or services from or through a third party. Also, third party advertisers
may offer goods, services and other materials to you on the Web Site. You
should be aware that Content provided by third parties might contain errors,
omissions, inaccuracies, outdated information, and inadequacies and that the
Content may be subject to terms and conditions, which may be found in the
documents and policies of third parties. We make no representations or
warranties as to the completeness, accuracy, adequacy, currency or reliability
of any Content and will not be liable for any lack of the foregoing.
This Web Site may also provide hyperlinks to third-party web sites ("Third
Party Sites"). Third parties and Third Party Sites may have different privacy
policies, terms and conditions and business practices than we do. We do not
endorse, verify, make any representations, or take responsibility for the
content, truthfulness, accuracy, quality or completeness of the content or
activities conducted on any Third Party Sites.
Your correspondence and business dealings with others found on or through the
Web Site including, without limitation, the payment and delivery of products
and services, and any terms, conditions, warranties and representations
associated with such dealings, are solely between you and the third party.
YOU AGREE THAT COMPANY AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES,
RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR
COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS
CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE
ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Reference on the Web Site to any product, process, publication or service of
any third party by trade name, domain name, trademark, trade identity, service
mark, trade identity, logo, manufacturer or otherwise does not constitute or
imply its endorsement or recommendation by Company or the Affiliates. Users are
requested to inform Company of any errors or inappropriate material found on
Third Party Sites to which this Web Site is or may be linked.
LINKING TO THE WEB SITE
If you link to this Web Site you may link only to the home page, and the link
must be in plain text, unless otherwise pre-approved in writing by Company. The
link to this Web Site must not damage, dilute or tarnish the goodwill
associated with any Company names or any other Company intellectual property,
nor may the link create the false appearance that your web site or organization
is sponsored, endorsed by, affiliated or associated with Company or its
Affiliates. You may not "frame" or create a border around this Web Site or
alter its intellectual property or Content in any way. You may link to, but may
not replicate Content. The web site on which you create the link must not use
any Company trademarks without the prior written permission of Company. You may
not link to the Web Site from a site that is unlawful, abusive, indecent or
obscene, that promotes violence or illegal acts, that contains expressions of
racism, that is libelous, defamatory, scandalous, or inflammatory or is other
inappropriate (in Company''s sole discretion). Company reserves the right, in
its sole discretion, to terminate a link with any web site that it deems
inappropriate or inconsistent with this Web Site or these Terms. By linking to
the Web Site, you agree that you do and will continue to comply with the above
linking requirements.
PROMOTIONS
This Web Site may contain or offer sweepstakes or other promotions, which may
be governed by a separate set of rules that describe the sweepstakes or
promotion and may have eligibility requirements, such as certain age or
geographic area restrictions. It is your responsibility to read those rules to
determine whether or not your participation, registration or entry will be
valid and to determine the sponsor''s requirements of you in connection with
the applicable sweepstakes or promotion.
MOBILE
The Web Site may offer features and services that are available to you via your
mobile phone or other mobile device. These features and services may include,
without limitation, the ability to upload content to the Web Site, receive
messages from the Web Site, download applications to your mobile phone or
access Web Site features (collectively, the "Mobile Features"). We may charge
for Mobile Features and these charges will be disclosed prior to completion of
registration for the Mobile Feature. Message and Data Rates and other fees may
be charged by your carrier. Fees and charges will appear on your mobile phone
bill or be deducted from your pre-paid balance. Your carrier may prohibit or
restrict certain Mobile Features and certain Mobile Features may be
incompatible with your carrier or mobile phone or other mobile device. Contact
your carrier with questions regarding these issues. As applicable, instructions
regarding how to opt-out of Mobile Features will be disclosed in connection
with Mobile Features. The instructions will typically require you to text a
keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the
applicable shortcode for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send
communications to your mobile phone or other mobile device regarding Company or
other parties. Further, we may collect information related to your use of the
Mobile Features. If you have registered for Mobile Features, you agree to
notify Company of any changes to your mobile number and update your account on
the Web Site to reflect this change.
SOFTWARE
Any software that we make available for download or use from the Web Sites
and/or our servers (the "Software") is the copyrighted work of Company or its
licensors or suppliers. Your use of the Software may be governed by Additional
Terms. Please carefully read any Additional Terms to determine the full extent
of conditions governing the use of such Software. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
ADDITIONAL TERMS APPLICABLE TO SUCH SOFTWARE.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company Entities and
Individuals from and against any actual or alleged claims, demands, causes of
action, investigations, settlements, judgments, damages, losses, liabilities,
and all costs and expenses of defense (including, without limitation,
reasonable attorneys' and other legal fees and costs) arising out of or
relating to: (1) your use of the Web Site; (2) your violation of these Terms or
any law, rule or regulation; (3) your use of the Content; or (4) or Your Upload
Information. You will cooperate as fully and reasonably as required by Company
or the Affiliates in the defense of any claim. Company reserves the right to
assume the exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any claim without
the prior written consent of Company.
LOCATION
Company operates this Web Site in the United States. Information contained on
this Web Site may not be appropriate or available for use in other locations,
and access to this Web Site where the content of the Web Site may be illegal is
prohibited. If you access this Web Site from other locations, you do so on your
own initiative and you are solely responsible for compliance with applicable
laws. These Terms will be construed and enforced in accordance with the laws of
the State of California, without regard to its conflicts of law principles, and
specifically will not be governed by the United Nations Conventions on
Contracts for the International Sale of Goods, if otherwise applicable. Any
cause of action filed by you with respect to the Terms any Additional Terms or
your use of this Web Site must be filed in the County of Los Angeles, City of
Los Angeles, State of California within ninety (90) days after the occurrence
of the facts giving rise to the cause of action, otherwise the cause will be
forever barred. You hereby consent and submit to the exclusive jurisdiction and
venue of the courts located in the County of Los Angeles, City of Los Angeles,
State of California for any cause of action arising under these Terms or
related to the Web Site.
We reserve the right to limit the availability of the Web Site and/or the
provision of any content, program, product, service or other feature described
or available thereon to any person, geographic area, or jurisdiction, at any
time and in our sole discretion, and to limit the quantities of any such
content, program, product, service or other feature that we provide.
Software related to or made available by this Web Site may be subject to United
States export controls. Thus, no software from the Web Site may be downloaded,
exported or re-exported (a) into (or to a national or resident of) Cuba, North
Korea, Iran, Syria or any other country to which the United States has
embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading any software related to this Web Site, you represent and
warrant that you are not located in, under the control of, or a national or
resident of, any such country or on any such list.
TERMINATION
You understand and agree that Company will determine your compliance with these
Terms or Any Additional Terms in its sole discretion. Company reserves the
right to deny access to all or part of the Web Site to any person in its sole
discretion without notice or liability of any kind. Any violation of these
Terms or any Additional Terms may be referred to law enforcement authorities.
Upon termination of your user account or access to the Web Site, or upon demand
by Company, you must destroy all materials obtained from this Web Site and all
related documentation.
MISCELLANEOUS
You are solely responsible for compliance with applicable laws, rules, and
regulations in connection with your use of the Web Site, the Content, the Software
and Your Upload Information, including, without limitation, those governing
your transmission or use of any software or data. These Terms and any
applicable Additional Terms contain the sole and entire agreement between the
parties with respect to the Web Sites, the Content, the Software and Your
Upload Information and supersede any and all other prior written or oral
agreements between them. You agree that these Terms or any Additional Terms
will not be construed against Company by virtue of having drafted these Terms.
If any provision of these Terms or any Additional Terms is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision
will not affect the validity of the remaining provisions of these Terms or any Additional
Terms, which will remain in full force and effect. No waiver of any of these
Terms or any Additional Terms will be of any force or effect unless made in
writing and signed by a duly authorized officer of Company. The section titles
in these Terms are for your convenience only and do not have any legal or
contractual effect.
CHANGES TO SITE/TERMS
Company may add, change, discontinue, remove or suspend any portion of the Web
Site at any time, without notice. We reserve the right, in our sole discretion,
to add, modify, alter, or otherwise change these Terms at any time without
prior notice ("Updated Terms"). You agree that we may notify you of the Updated
Terms by posting them on this Web Site so that they are accessible via a link
from the home page, and that your use of the Web Site after we have posted the
Updated Terms (or engaging in such other conduct as we may reasonably specify)
constitutes your agreement to the Updated Terms. Therefore, you should review
these Terms before using the Web Site. The Updated Terms will be effective as
of the time of posting, or such later date as may be specified in the Updated
Terms, and will apply to your use of the Web Site from that point forward.
CONTACT US
If you have any questions, comments or concerns about our Web Site or these
Terms of Use, you may contact billdawson@thedoctorlocator.com.