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Terms & Conditions

Your Consent Welcome! These Terms of Use (the “Terms of Use”) apply to your use of docsnearyou.com (the “Site,” “We,” “Us,” or “Our”). DocsNearYou, LLC, a Georgia limited liability company, owns and operates this Site. Your use of the Site constitutes consent to these Terms of Use, as well as our Privacy Policy available at http://docsnearyou.com/content/privacy-policy. If you do not want to accept and agree to these Terms of Use or Privacy Policy, you may not use or visit our Site. We may revise and update these Terms of Use from time to time in our sole discretion. These Terms of Use have been updated on the date indicated above. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes.
No Medical Advice; No Doctor-Patient Relationship The Site does not offer medical advice. Any medical information is provided for general educational purposes only, to be used at your own risk. Please verify everything you read on our Site with an independent healthcare professional. We are a neutral online platform for booking appointments with unaffiliated healthcare professionals. We are not a party to any arrangements between the Site users and, therefore, we do not accept any liability for anything related to appointments booked through our Site. Your use of the Site does not constitute doctor-patient relationship. We do not endorse healthcare professionals listed on our Site, and such listings do not constitute their endorsement of our Site either.
Intellectual Property; DMCA Notice

IP: Site contents, features and functionality (including but not limited to all healthcare professionals’ listings, registered and unregistered trademarks, information, displays, images, and design, - collectively the “Intellectual Property”) are the exclusive property of DocsNearYou, LLC and its content suppliers. The Intellectual Property is protected by the U.S. and international copyright, trademark, trade secret and other intellectual property and proprietary rights laws. You shall not copy, reproduce or replicate any Intellectual Property so as to cause confusion to the public as to the identity/ownership of the Site, the source of its content, or to adversely affect the brand image, reputation, sales and business of the Site or DocsNearYou, LLC.

DMCA: We respect the intellectual property rights of others and require users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Site if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.

Our DMCA Copyright Agent to receive notices of infringing material is:

Mike Siavage Legal Counsel DocsNearYou, LLC 2752 East Ponce de Leon Avenue Suite G, Decatur, GA 30030 Email: info@docsnearyou.com Phone: Fax:

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Your Representations, Warranties and Responsibilities

By using this Site, you represent, warrant and agree that:

1. You have the full legal capacity to form a binding contract.

2. You will pay all sums due when due and keep all appointments scheduled or reschedule them in a manner acceptable to all parties involved.

3. You will keep all login information, and all information related to the booked appointments strictly confidential and ensure that no third party has access to it. Healthcare professionals listed on this Site further agree to ensure that any information accessed by or shared with staff members remains fully confidential.

4. All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms of Use.

5. If you submit any content to the Site: (i) you are the sole author and owner of the content, (ii) the content is accurate and does not violate these Terms of Use, Privacy Policy, or any law, statute, ordinance or regulation, and (iii) you agree to indemnify and hold the Site (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages arising out of or related to a breach of these Terms of Use, or your violation of any law or the rights of a third party.

6. We have the right to disable any user identification provided by our Site and disable your whole account on our Site at any time for any reason or no reason without notice or explanation.

7. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

8. You will not to use the Site for any illegal purpose. Additionally, you will not:

a. Impersonate any other person or entity, or misrepresent your credentials/qualifications.

b. Post or transmit to other users any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

c. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

d. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication without our prior written consent.

e. Use any device, software or routine that interferes with the proper working of the Site.

f. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

g. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

h. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

i. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

j. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site.

k. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

l. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

m. Otherwise attempt to interfere with the proper working of the Site.

Healthcare Professionals’ Representations, Warranties and Responsibilities

In addition to all other terms and conditions that apply to all Site users, each participating healthcare professional represents, warrants and agrees:

1. To maintain appropriate license(s) in good standing at all times relevant to these Terms of Use and Site participation.

2. To discharge the duties hereunder in accordance with the applicable provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and regulations promulgated thereunder. To ensure that any staff member, associate, agent or representative agrees in writing to implement reasonable and appropriate safeguards to protect any relevant health information.

3. To provide accurate and regularly updated profile information.

4. To make best reasonable efforts to accept appointments booked by prospective patients on the Site.

5. To maintain all applicable confidentiality principles and laws to the fullest extent.

6. To provide a valid credit card information or be responsible for payment in the event credit card expires or is invalid at the time of process (we process payments for all doctors on the 1st of each month).

Remedies for Breach

1. With respect to any user, we have the right to take any action that we deem necessary or appropriate if we believe that such user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public, or uses foul language. We may:

a. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

b. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

c. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

d. Block violator’s IP address and/or notify his or her Internet Service Provider

e. Moderate your reviews and other submitted content.

f. Take any other action provided for in these Terms of Use or by law. Remedies listed in these Terms of Use are cumulative, under equity or law, and not exclusive of one another.

2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement agencies or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.

3. However, we cannot undertake to review all material before it is posted on the Site for accuracy, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Limitation of Liability

1. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONDUCT, APPOINTMENTS, SERVICES OR INFORMATION (INCLUDING WITHOUT LIMITATION INFORMATION REGARDING HEALTHCARE PROFESSIONALS’ EXPERTISE AND QUALIFICATIONS) RECEIVED THROUGH OUR SITE. WE ARE NOT LIABLE FOR ANY TIME LOSS, PROPERTY DAMAGE, BODILY INJURY OR DEATH OF THE SITE USER OR ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE COLLECTED SERVICE CHARGE FOR THE THREE MONTHS PRECEEDING THE TIME WHEN THE CLAIM AROSE. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST US MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.

2. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Indemnification

You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Site, including without limitation, your submissions to the Site, any use of the Site's content, services or goods purchased through the Site.

Healthcare Professionals' Listings

1. All information contained in the healthcare professionals’ listings is the sole responsibility of the originator of such content. All content is provided through this Site “AS IS,” and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall the Site be liable for any content or for any loss or damage of any kind incurred as a result of the use of or reliance on any content made available.

2. By submitting, posting or displaying photographs of himself or herself on the Site, healthcare professional grants us and our affiliates a worldwide, non-exclusive, royalty-free license to use, license, print, sublicense, distribute and publish such photographs in any medium or forum for the purpose of displaying, and promoting the Site. We will discontinue this licensed use within a commercially reasonable period after such photographs are removed from the Site.

3. You acknowledge that the Site shall have the right (but no obligation), at its sole discretion, to refuse, modify, delete or move any content, for any reason and without notice.

Ratings and Reviews

1. Site users who actually booked appointments may submit reviews and ratings related to the appointments and/or services.

2. By submitting ratings and reviews, you are granting us a nonexclusive, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

Disputes with Users

As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. The Site reserves the right, but has no obligation, to facilitate disputes between its users.

Linkings to the Site

1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

2. You must not establish a link from any website that is not owned by you.

3. You cannot frame our Site on any other site.

4. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Assignment

You may not assign your rights and obligations under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.

Severability and Non-Waiver

1. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

2. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

Headings

All headings in this agreement are for convenience only and shall not affect the meaning of any provision hereof.

Coverning Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation shall be governed by and construed in accordance with the internal laws of the State of Georgia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Fulton County, Georgia. PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING OUT OF THE SITE USE, THESE TERMS OF USE, THE PRIVACY POLICY OR ANY RELATED CONDUCT OR DOCUMENTS.

Feedback

If you have questions about these Terms of Use, please contact our customer service representatives via e-mail: info@docsnearyou.com, by mail 2752 East Ponce de Leon Suite G, Decatur, GA 30030, or by phone: PHONE#, Monday - Friday - 8am - 5pm