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The Site is a venue where our Users use may access our directory and doctor profiles to assist in finding a doctor or healthcare provider best suited to meet their needs. Users may also schedule appointments, ask questions and schedule online video-conferencing with healthcare providers. This Site and EZDOCTOR facilitate communication between our Users and healthcare providers. EZDOCTOR is not affiliated with any of the doctors, does not provide healtchcare services and does not itself provide information or advice to its Users, only our healthcare providers are qualified to do that.
The Site contains the EZDOCTOR directory which includes information about doctors and healthcare providers obtained from third-party sources, from doctors themselves, and from other Users. EZDOCTOR provides this directory as a convenience and does not confirm or verify the information contained in it.
When a Healthcare Provider registers with the Site, the Healthcare Provider will be asked to choose a username and password for its account. As a Healthcare Provider, you acknowledge and agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access the Site. You authorize EZDOCTOR to assume that any person using the Site with your username and password either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any related Group Account or unauthorized access to or misuse of your password or the password of any User of your Account or any related Group Account.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to EZDOCTOR, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to EZDOCTOR. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself.
You may, and are encouraged to, post information relating to your services on a Profile provided to you on the Site. We also encourage you to submit general information, articles and other materials that Users of our Site may find useful, answer questions, and contribute comments and other posts to the Site. It is solely the responsibility of you, the Healthcare Provider, to ensure that any information you post or place on the Site, and any communications you may have with the public, patients or prospective patients through the Site and the services you provide, fully comply with all applicable laws and rules of professional conduct, including those concerning the patient confidentiality, the unauthorized practice of medicine and regulations governing the form, manner or content of communications with the general public, patients and others.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to EZDOCTOR, or any postings on the Site, unless agreed otherwise in writing, are non-confidential and shall become the sole property of EZDOCTOR. EZDOCTOR shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
EZDOCTOR provides its feedback and rating system as a means through which Users can express their opinions publicly, and EZDOCTOR does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User or Healthcare Provider brings the posting to EZDOCTOR’s attention. You may be held legally responsible for damages suffered by other Users, Healthcare Providers or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. By law, EZDOCTOR is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to (a) Leaving fake or inaccurate feedback for another User or Healthcare Provider; (b) soliciting other Users to leave fake or inaccurate feedback; or (c) threatening to leave negative feedback to induce another User or Healthcare Provider to perform a task not required by this or another agreement.
In order to protect the integrity of the feedback system and protect Users from abuse, EZDOCTOR may investigate and has the right (but is under no obligation) to remove posted feedback or take other action it deems appropriate up to and including terminating a User Agreement.
You agree to provide true, accurate and complete information whenever you post any information or content on the Site. You agree to use good judgment when posting information, remarks or other content regarding other Users, Healthcare Providers and EZDOCTOR or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Healthcare Providers, EZDOCTOR, or other third-parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Site. Under federal law (specifically, the Communications Decency Act of 1996). Additional information and instructions regarding what type of submissions are appropriate or inappropriate for posting on this Site, please refer to the Terms of Service.
EZDOCTOR is not legally responsible for any remarks, information or other content posted or made available on the Site by any Healthcare Provider, User or third party, even if such information or content is defamatory or otherwise legally actionable. EZDOCTOR is not responsible for and does not monitor or censor content for accuracy or reliability. EZDOCTOR reserves the right to remove or restrict access to any information, content or postings to the Site in our sole discretion, or if ordered to do so by a court, or if EZDOCTOR considers such information or content to be in violation of the Terms of Service.
If you post content to the Site, unless we indicate otherwise, you grant EZDOCTOR and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any media.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
You agree not to circumvent the scheduling or payment methods offered by the Site. For example, you may not solicit parties identified through the Site to contact or hire you outside the Site; (b) accept solicitations from parties identified through the Site to contact, provide services, schedule appointment, or receive payment outside the Site.
You agree to notify EZDOCTOR immediately if another person improperly contacts you or suggests circumventing the payment methods of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to EZDOCTOR by sending an email message to legal@ezdoctor.com
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming in accordance with the terms of the Site. You agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of EZDOCTOR and any appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (g) collect or harvest any personally identifiable information, including account names, from the Site; (h) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (i) directly or indirectly, advertise or promote another website, product, or service.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine or mechanism, through or to the Site or the Site software, that is designed to cause to cease functioning, disrupt, disable, harm or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of, or to allow you or any other person to access, or damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations of or on, the Site or any other software, firmware, hardware, computer system or network of EZDOCTOR or any third party.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any professional listings, pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Site materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose.
Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of EZDOCTOR, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
The Site makes available various services provided by third-parties to verify a Healthcare Provider’s credentials. Any information or content expressed or made available by these third parties or any other Members is that of the respective author(s) or distributor(s) and not of EZDOCTOR. EZDOCTOR neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized EZDOCTOR employees acting in their official capacities.
The Site may contain links to Third-Party Sites. The Site may also contain applications that allow you to access Third-Party Sites via the Site. Such Third-Party Sites are owned and operated by the third parties and/or their licensors. Your access and use of Third-Party Sites, including online communication services such as chat, email and calls will be governed by the terms and policies of the applicable Third-Party Sites. You acknowledge and agree that EZDOCTOR is not responsible or liable for the availability or accuracy of Third-Party Sites or the content, advertising, or products on or available from Third-Party Sites. You are responsible for deciding if you want to access a Third-Party Site by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked Third-Party Site or application. You use the links and these services at your own risk and agree that your use of an application via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
You are solely responsible for creation, storage, and backup of your medical and other records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on EZDOCTOR’s part to store, backup, retain, or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, OR ANY INFORMATION ON THE SITE, OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD-PARTY, THE EZDOCTOR SERVICES, OR THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD-PARTY.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND EZDOCTOR AND/OR AN AFFILIATE, NEITHER YOU NOR EZDOCTOR, OUR AFFILIATES, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF LIABILITY IS FOUND, THE LIABILITY OF EZDOCTOR, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY EZDOCTOR DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to the recognition that EZDOCTOR is not a party to any contract between a User and Healthcare Provider, you hereby release EZDOCTOR, our Affiliates, and our respective officers, directors, employees, attorneys, agents, subsidiaries, joint ventures, and our and their respective successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user of the Site, whether it be at law or in equity.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
This release will not apply to a claim that EZDOCTOR failed to meet an EZDOCTOR obligation under this Agreement and the other Terms of Service.
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
This Agreement, and the Healthcare Provider’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the Healthcare Provider without EZDOCTOR’s prior written consent, and any attempt to subcontract, delegate or transfer in violation of the foregoing will be voidable by EZDOCTOR.
You agree to defend, indemnify and hold harmless EZDOCTOR, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any information, advice, or other content you post, provide, store or otherwise transmit on or through the Site or your use of or inability to use the Site or our services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the information or materials you provide, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida (even if your use is outside of the State of Florida), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Broward County, Florida and you hereby irrevocably and unconditionally consent and submit to the jurisdiction of such courts. Furthermore, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for Broward County, Florida, and consent to the transfer of any legal action arising under the terms of this Agreement into a State or Federal Court in Broward County, Florida.
This Agreement and any registration for or use of the Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and EZDOCTOR, except and solely to the extent expressly stated in the Terms of Service.
Users and EZDOCTOR healthcare providers acknowledge and agree that the value, reputation, and goodwill of the Site depends on their performance of their covenants and agreements in their User and Healthcare Provider Agreements. Users and Healthcare Providers therefore appoint EZDOCTOR as a third-party beneficiary of these Agreements for purposes of enforcing the obligations owed to, and the benefits conferred on, EZDOCTOR by these Agreements. Users and Healthcare Providers further agree that EZDOCTOR has the right to take such actions with respect to these Agreements or their registrations, including without limitation suspension, termination, or legal actions, as EZDOCTOR in its sole discretion deems necessary.
Notwithstanding any of these Site Terms, EZDOCTOR reserves the right, without notice and in its sole discretion, to terminate this Agreement, and to block or prevent your access to and use of the Site. EZDOCTOR reserves the right to refuse service to anyone for any reason at any time.
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
If you have any question regarding the use of the Site, please refer first to the Terms of Service. All other questions or comments about the Site or its contents should be directed to Customer Service at support@ezdoctor.com or call us at 888-262-7187.
(Last Updated on/Effective date January 1, 2015)