Terms of Use

The terms and conditions listed below constitute a legally binding agreement between you and The site. The listed terms and conditions apply to both registered user and those who use the site freely. FREE USE OF THE SITE AND REGISTRATION BOTH REPRESENT YOUR AGREEMENT TO THE FULL TERMS AND CONDITIONS CONTAINED HEREIN AND YOU AGREE WITH ALL THE INFORMATION PRACTICES DISCLOSED IN THE THE SITE PRIVACY POLICY. You agree to resolve any and all disputes with the website in the State of Florida. The site and its contents are presented “AS IS” with no warranty, either express or implied. If you are registering or using the site freely on behalf of another person, persons or entity, you are representing yourself as legally authorized to accept the Terms of Use on their behalf.

1. The website

The website contains information, all information is referred to in the Terms of Use as “Content”. Content is considered, but not limited to, images, data, graphics, suggestions, text, information, blog postings, news stories, outside links to third party sites, discussion boards, and any and all material found on the The site. You acknowledge that the Content on the site, even if provided by a member of the medical profession, does NOT create a patient/professional relationship and does NOT represent medical advice, medical opinion, medical diagnosis, or medical treatment of any kind. Content on The site is presented solely for the purpose of assisting you in locating medical professionals for the purpose of seeking proper medical care from a legally qualified professional.

Registration on The site allows the user to store or save, preferences and search results. Information provided during the registration process is covered by the Privacy Policy. The site does not collect personal medical information during the registration process, nor any financial information.

2. Medical Advice is NOT provided on The site

THE CONTENT ON THE SITE, OR INFORMATION PROVIDED BY ANY COMPANY REPRESENTATIVE AT ANY TIME IS NOT MEDICAL ADVICE OF ANY KIND. CONTENT AND COMMUNICATIONS WITH THE SITE REPRESETATIVES IS NOT A SUBSITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. CONTENT AND REPRESETATIVE COMMUNICATIONS ARE TO BE USED AT YOUR OWN RISK. NO CONTENT OR COMMUNICATION FROM THE SITE IS TO BE TAKEN TO BE THE PRACTICE OF MEDICINE OR THE ACT OF SUPPLYING MEDICAL CARE OF ANY KIND.

DO NOT USE THE SITE CONTENT OR COMPANY REPRESENTATIVES FOR EMERGENCY MEDICAL CARE NEEDS. IF YOUR HAVE A MEDICAL EMERGENCY CALL 911 IMMEDIATELY.

The Site does not recommend, endorse, support or in any way favor physicians, procedures, opinions, treatments, diets, facilities, services, programs or any of the content on The Site. Reliance on any information contained on The Site, its Content, or representative's communication is solely done at your own risk. You agree to release the site, and any of its representatives from any liability resulting from your reliance on their communications or content.

3. NO creation of Doctor Patient Relationship

USE OF THE SITE OR ITS CONTENT DOES NOT CREATE A PROFFESIONAL PATIENT RELATIONSHIP, INCLUDING, BUT NOT LIMITED TO, THE USE OF THE PHYSICIAN DIRECTORY, COMPANY REPRESENTATIVE COMMUNICATIONS, LINKS TO OTHER WEBSITES, CONTACT INFORMATION CONTAINED IN CONTENT, TO HELP YOU FIND A MEDICAL PROFESSIONAL.

THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED ABOUT THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR QUALITY OF SERVICES OF ANY PERSON, OR FACILITY. THE SITE WILL NOT BE HELD LIABLE BY YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE CONTENT OR SITE OR A DECISION BASED IN RELIANCE ON THE CONTENT OR SITE. THE SAME WILL APPLY TO ANY COMMUNICATIONS BY THE SITE REPRESENTATIVES.

The site does not guarantee any acceptance, or provision of medical services from any of the physicians or facilities listed in its Content or on the Site. In fact, The site highly encourages you to conduct your own independent inquiries before making any decisions. Futher actions may include, but not be limited to, checking with licensing authorities, verifying credentials with issuing entities, checking with your current medical provider, reviewing public information from the medical associations and state medical boards corresponding to the physician or facility.

4. Authorization and Acknowledgment

You understand that in using the Site, Content and The site company representative communications to locate medical professionals:

ConciegeDoctor presents listings of physicians and facilities on the site due to a contractual agreement with the listed physicians or facilities.

ConciegeDoctor charges the physicians or facilities a fee for their inclusion in the site Content.

The site only provides you with lists of physicians or facilities that match the information that you provide. You are solely responsible for selecting the physician or facilities presented in your search and free to select any criteria available on the search menu.

The site may provide featured profiles that match the search criteria that you have requested. These featured profiles appear only under specific search information that you input and may have appeared organically in your search, however the profile owner has contracted for a fee to appear as featured under the search terms, or other criteria, rather than the default alphabetical by name results. This featured listing profile is NOT an endorsement or recommendation by The site, and does not in any way constitute a representation or a warranty regarding the physician or facility, or the quality of medical service they provide.

You understand that you are in control and ultimately responsible for choosing a medical provider.

The site only presents physicians that have active medical licenses and the certifications necessary to perform the services they offer to you.

The Site does not collect medical information or history from you. You are encouraged NOT to disclose any personal medical information anywhere on the Site. Voluntary disclosure of medical information in public areas of the site are not covered in the Privacy Policy and you are doing so at your own risk. The Site is not responsible for any damages suffered by you, or any one else, from this voluntary disclosure of personal information.

5. Editorial Control and Supervision

The Site provides the Site and its Content as a service for the public and professionals with the intention of creating a forum for information and education. Users are encouraged to use their own independent research to verify any Content, including physicians and facilities and The site is not liable for any actions by you, or anyone else, taken in reliance on the content presented. The site may, but has no obligation, to review, user information, and non-user information, or have the Content monitored and reviewed by its personnel.

The site does not guarantee the accuracy or timeliness of any of the Content on the Site.The Content on the Site is not guaranteed to be complete, or accurate in every respect and the authors, The site personnel, or any other party responsible for Content are not liable for any errors or omissions, or results of the use of the information obtained from the Content.

AT ALL TIMES YOU ARE ENCOURAGED TO SEEK THE ADVICE OF A LICENSED PHYSICIAN AND USE INDEPENDANT SOURCES FOR VERIFICATION OF INFORMATION CONTIANED IN The Site CONTENT.

Practice Profile Information Content and information on the physician and practice profiles are intended for general information purposes only. You are to use them to select physicians to contact, at which time they will directly provide you with the formal information that you seek. Communication with physicians and facilities is NOT covered by the Privacy Policy. You are responsible for understanding, and accepting the Privacy Policy of any source in The site Content and any party or parties contracted from the Content. Physician information and Content in the profile listings is supplied by the physician or their representatives and may not be confirmed by the physician. The site does not provide any advice, or certification of quality of healthcare services from the physicians. The site permits the physician listings based on their own criteria, and encourages you to conduct your own independent research to verify any and all content found in the Content.

Medical Services, Procedures, or Products Medical Services, procedures or products found in The site Content, either on the Site, or in physician profiles are not applicable to all persons, patients, or all medical situations. The site makes no claims endorsements, certifications, guarantees, or warranty that medical services, procedures, products, or devices represented in the Content, either paid or unpaid, are merely presented for your consideration and do NOT imply any in any way, that they are appropriate for any person or persons. Nor does their appearance in the Content suggest that they are effective and imply success or effectiveness in any way.

6. Registration on The Site

The Site requires registration to access portions of the site and to use certain functions, such as saving search results. You are required to provide a valid email address and create a password. Please keep your password secure and private. Do not at any time share your password or allow anyone else to access the The site under your registration. You are responsible for notifying The site immediately if you feel your password has been stolen or hacked from your possession. Contact The site at info@The Site.

Please refer to the Privacy Policy for more on your personal information.

7.Personal Information

The Site does not collect personal medical information or financial information from you. The site does retain your name, email, and any contact information that you choose to provide. Use of the information is covered in the Privacy Policy, you agree to read it thoroughly and accept its terms.

8. User Responsibilities

The site Content is provided to you free of charge, however the usual fees associated with medical care or services found in the Content is NOT and you are responsible for them directly with the provider. The Site allows you to use the site for lawful, non-commercial purposes only. You are not allowed to use the site in any manner which could damage, impair, disable, or overburden or server system or networks. The site forbids you from interfering with any other person’s use of the site, content, or services. You may not at any time attempt to gain unauthorized access to The Site, Content, user account information, computer systems, servers, or networks through hacking, password mining or any other methods. Without limiting any of the foregoing, you agree that you shall not yourself, nor allow a third party to:

Copy, change, modify, adapt, translate, or reverse engineer any part of The site, its Content, or any materials obtained through The site and its Content.

Remove any copyright, trademark or proprietary rights notices on The site or contained in the Content,or any materials obtained through The site and its Content.

Employ the use of any automated device, robot, spider, site search/retrieval application, or process to access, index, remove information from The site or its Content.

Access, index, remove information from The site or its Content for the purposes of constructing or populating a searchable database related to the healthcare industry, physicians, services or any topic contained in the Content of The site.

Copy, reformat, or frame any portion of The site or its Content, including the design.

Fraudulently use of the ConciegeDoctor Content by contacting any physician listed in the Content for any purpose other than good faith inquiry into the services or in connection with services listed in the Content.

Create user accounts with automated means, or under false identities or false pretenses.

Collect or store any information about other users or Content in connection with any of the above listed prohibited activities listed in User Responsibilities The site may take any legal action it deems necessary to prevent a violation of this provision and to enforce the Terms of Use, including implementing technical remedies.

9. Future Changes to the Terms of Use

The site reserves the right to make changes to the Terms of Use at any time it finds necessary. Any changes to the Terms of Use will be posted publicly on the site and you will be notified of the amended Terms of Use. Continued use of The site or its Content after the notification will constitute your affirmative acknowledgement and acceptance of the amended Terms of Use. If at any time you choose not to agree to the Terms of Use please discontinue your use of the site immediately.

10. Future changes to the Content and functions of The site

The site may occasionally add, change or remove any function or Content of the site. Information about the changes will be listed on the site at the time of change. All new Content or functions will be covered under the Terms of Use. You agree that The site will not be held liable to you or any third party for the suspension or removal of any functions or Content on The site. This includes the loss of any saved user preferences or information resulting from any changes made to the site or its Content.

11. Links to other websites contained in the Content

The site contains links to other websites. Outside links may take you to sites that contain offensive, unlawful, or inaccurate Content. The links are provided for your convenience, and The site does not endorse, recommend or verify the accuracy of the Content on the outside links to other websites. You acknowledge and agree that ConceirgeDoctor is not responsible in any way for the Content from other websites.

12. Spam Policy

The site forbids the use of any Content, user contact, or physician contact information for the purposes of sending unsolicited bulk or individual communications, or SPAM. As a user of The site you may not allow other to do so using your account. If The site discovers this prohibited activity by you or a third party you authorized, The site may seek legal remedy and or terminate your access to your user account.

13. Content you submit on The site

Certain functions of The site may allow you to post content to the site.Please act in a repectful, responsible manner in doing so. The site discourages any personal information, particularly medical information, as the posts are public, and by doing so you have agreed and acknowledged that you have no reasonable expectation of privacy. You may not at any time post commercial information of any kind. The site reserves the right to remove any user posted content for any reason without notice. The site is not in any way liable for timeliness of removal of questionable content. Please remember that posted content is not medical advice, it is merely a non-professional opinion without endorsement. Additionally your will be responsible for:

Any information or Content that you post on The site or transmitt to other users or physicians.

Ensuring that any posts or Content submitted is not in violation of another party or parties trademark, copyright, or proprietary rights. This includes Content that violates, or interferes in any way with another party’s publicity, intellectual property, privacy or any legal rights of another.

The agreement that you will not post illegal Content and that the Content does not encourage illegal activities.

Making sure that your Content does not in any way falsely express or imply an endorsement by The site

Posting content that is true as you reasonably believe it to be. You will not purposely or fraudulently post false or misleading Content.

You acknowledge and agree that The site reserves the right, but has no obligation to review and remove any content which is illegal, offensive, threatens the safety of others, or violates the rights of others.

You are solely responsible for all Content you submit, or allow a third party to submit on your behalf to The site, another user or physician, or another website through a link on Concierge Doctor.

Posting content in violation of any of the prohibited types of Content may result in legal action against you, and or removal from the site. A sample list, not all inclusive, of prohibited Content:

-Pornographic or sexually explicit materials -Threatening,obscene, defamatory materials -Spam or commercial Content -Harassing acts towards others -False or Misleading information -Copyright or Intellectual Property violations

14. The site’s use on your Content

The act of posting Content on ConceirgeDoctor.com will represent your affirmative agreement to grant The site, its contractors, and its users an irrevocable, perpetual, royalty-free, sublicensable, fully paid, worldwide license to use copy, publicly display, digitally display and manipulate, and distribute the posted Content. The license is non-exclusive, except when combined by The site with other user Content for its own purposes, at which point it becomes exclusive to The site.

15. Your use of ConceirgeDoctor Content

All Content, except user postings,video, images, trademarked, and copyrighted material, has The site permission for personal non-commercial use. You may download, print or store the information, but there is at NO time any transfer of license for use of the materials. You may not copy, redistribute, republish, sell or exploit the material on The site in whole or part for any commercial gain, this includes placing content on sites that sell advertising space. Except as expressed herein The site does not grant any additional express or implied rights. All rights not expressly granted remain the property of The site.

16. Warranty Disclaimer

The site PROVIDES THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” The site MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, The site HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. The site DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. The site DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, The site MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, OR FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. The site DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

17. Limitations of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH The site IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL The site BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF The site KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, The site’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS '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'.

18. Termination or Expiration of User Privileges

The site reserves the right to terminate the users access to the account for a violation of the terms contained in the Terms of Use, or for any reason, without notice. The site shall not be held liable to you or a third party for the termination of user access. You agree that once your user access has been terminated you will not attempt to use the Content or site for any reason. You may contact ConciergerDoctor after your access has been terminated to request a new user account, user access is restored at the sole discretion of The site. Sections 2,3,4,13,16,17,18,19,20,22,23,24,25 survive any termination, voluntary cancellation, or expiration of the Terms of Use.

19. Indemnification

Upon a request by The site, you agree to defend, indemnify, and hold harmless The site, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

20. Electronic Contracting and Notices

Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with The site electronically.

21. Copyright policy

It is The site’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.

If you believe that your copyrighted material is being used on The site please contact us immediately to resolve the situation. info@The site

22. Entire Agreement

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of The site to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23. Choice of Law and Dispute Resolution

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Florida as applied to contracts made and to be performed entirely within Florida, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of Florida, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

24. Assignment

The site may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.

25. Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with The site or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “'you'” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and user's are responsible for compliance with any local laws applicable to their use of the Services or the Site.

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