LAST UPDATED: 11/5/2015
Welcome to Doctor Review, your trusted source for up-to-date information about elective medical care. Whether you’re considering plastic surgery, hair replacement, botox, teeth whitening, or one of the many other procedures available, you want lots of information to help you make great choices. Our extensive database of patient reviews will help you choose a doctor you trust. We’ve also compiled information about the costs, risks and benefits, recovery, and more, for all of the common procedures. With medical technology improving every day, you have more options than ever before. Explore your options with trusted information from Doctor Review. Real patients. Real reviews. Trusted doctors.
The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer notice and any or all Agreements: “User”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the User and ourselves, or either the User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The website and the services (collectively, “Services”) are provided to You by DoctorReview.org, including any of its related, affiliated and/or subsidiary companies (individually and collectively, “Company”, “We”, “Us”). Company does not provide medical or health advice but offers information on practicing physicians and other healthcare providers. Company organizes key information to help patients make informed choices in their search to independently assess particular physicians, long-term care facilities, hospitals, insurers and other providers of healthcare services and persons working on their behalves (collectively, “Healthcare Providers”). The information is free of charge and is offered to the public for its non-commercial use. To enable such assessment, Company includes profiles, objective and subjective ratings, feedback, comments, indexes, scorecards, materials and other informative details about the Healthcare Providers. The information used to drive Company is compiled from a variety of sources, including independent surveys, publicly available records, Company account registrants and third-party providers, then processed, and finally arranged in a non-complicated, simple-to-use and easy-to-view arrangement.
BY ACCESSING, BROWSING OR USING COMPANY OR ANY OF THE CONTENT OR THE PRODUCTS AND SERVICES, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT:
1. YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT;
2. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT;
3. THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND COMPANY; AND
4. IF ACCESSING, BROWSING OR USING COMPANY OR ANY OF THE CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE COMPANY OR ANY OF THE CONTENT OR THE PRODUCTS AND SERVICES. MOREOVER, COMPANY DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE COMPANY, THE CONTENT OR THE PRODUCTS AND SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE PRECEDING ACKNOWLEDGEMENT.
You agree by accessing, browsing or otherwise using Company, including the Products and Services, Company and the Content are and remain the sole property of Company or third-party providers, as applicable. Except as expressly permitted by Company in writing, You agree that Your license to access, browse and/or use the Content and Products and Services is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view Company and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of any such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in any such Content.
Except as expressly permitted by Company in this User Agreement or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of Company or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You may not use any metatags, meta elements, “hidden text” or other equivalents
You acknowledge and agree that by submitting remarks, suggestions, ideas, graphics, feedback, edits, concepts, comments, reviews, ratings, illustrations and other materials (other than information given in connection with registration) to Company through Company (individually and collectively, the “Submissions”), you (i) grant Company a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submissions throughout the world in any media, now known or hereafter created without attribution, (ii) grant Company the right to pursue at law any person or entity that violates Your and/or Company’s rights in Your Submissions, and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submissions or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
With respect to Your Submissions, You acknowledge, warrant and agree that:
1. If your Submissions concern Healthcare Providers, Your Submissions will be true and accurate, are the original work of Your authorship, only concern or relate to the care or service that You, Your minor child or Your ward received from the Healthcare Providers being reviewed, that You are not related to or employed by the Healthcare Providers being reviewed and that You are not impersonating any other person;
2. If You are a Healthcare Provider submitting or editing any Content, Your Submissions will be true and accurate, are the original work of Your authorship, You are the Healthcare Provider specifically identified in the Content being submitted or edited, and Your Submissions will only concern You and the services that You provide.
3. If You are a person authorized by a Healthcare Provider to submit or edit Content specifically related to that Healthcare Provider, Your Submissions will be true and accurate, are the original work of Your authorship, You are authorized by the Healthcare Provider identified in the Content being submitted or edited to make such edits and Submissions and Your Submissions will only concern that Healthcare Provider and the services provided by that Healthcare Provider.
4. You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information (other than the name of the Healthcare Providers being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
5. Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, or (viii) are deemed confidential by any contract or policy.
Users, other than Healthcare Providers and persons acting on their behalves who are submitting Content in accordance with these terms and conditions, are permitted to post only one (1) Submission regarding the same Healthcare Provider, entity, procedure or subject during any thirty (30) day period.
Company retains the right to review and delete or remove from public view on Company and delete from any other media or server where Your Submissions may be stored or displayed by or on behalf of Company, any Submissions, which Company in its sole discretion considers illegal, offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise violates the terms and conditions of this User Agreement. If notified of an allegation that Company contains infringing information, materials or other content, Company may investigate the allegation and determine in Company’s sole discretion whether to remove or request the removal of the same from Company and from any other media or server where the infringing content may be stored or displayed by Company. Notices to Company regarding any alleged copyright infringement should be sent to Company, Attn: DoctorReview.org 3930 Oregon Street #210San Diego, CA 92104 or to email@example.com
USER ACCOUNTS AND PASSWORDS
Access to certain areas of Company, the Content and the Products and Services are limited by a user identifier (“User ID”) and password, which are selected and/or supplied by You as part of registering for a service account via the Company.com website and/or the Mobile App (individually and collectively, the “account”). By registering an account, You represent, warrant and agree that: (i) You are at least 18 years of age, (ii) You are using Your actual identity, (iii) You have provided only true, accurate, current and complete information about You during the registration process, and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.
By logging onto your account using a password, You represent, warrant and agree that You are authorized to use such password and to engage in the activities that You conduct thereunder. You further agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Company in connection with Your User ID and password regardless of whether or not You are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your account, Your computer or Your mobile device. Accordingly, You release and hold harmless Company from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of Your Company’ account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password to or with any third party.
Company reserves the right to deny or revoke access to Company, or any part thereof, at any time in its sole discretion, with or without cause. Your access to Company will terminate upon the termination of this User Agreement for any reason at the sole discretion of Company. If You wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a password, please notify Company immediately by sending an e-mail to firstname.lastname@example.org or writing to Company, 3930 Oregon Street #210San Diego, CA 92104
Company may monitor or review any areas on Company where Users transmit or post communications or communicate solely with each other, for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with this User Agreement. However, Company does not undertake to monitor or review any or all Submissions, or every posting or communication, and Company disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Company is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted or displayed on Company, including, without limitation, all third party advertising posted or displayed on Company. While Company, from time to time and in its discretion, may monitor the content of the Submissions and other third party communications posted or displayed on Company, Company does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted on Company by Users and other third parties. Any information or material placed on Company by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such information or material, and do not necessarily represent the views of Company. Company reserves all of its rights to discontinue in its sole discretion the Products and Services provided on Company in general or to any User or Healthcare Provider at any time.
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of Company and the Content, and all intellectual property rights embodied therein, are the property of Company or its licensors or suppliers, including any of the Content that may be stored or displayed by Company on other media or servers. Company and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by this User Agreement or by Company’s express authorization. Requests for permission to reproduce any of the Content may be made by sending an e-mail to email@example.com or writing to 3930 Oregon Street #210San Diego, CA 92104
Doctorreview, doctor review are all trademarks or service marks (individually and collectively, the “[DoctorReview.org Marks”) owned by Company. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Marks”) displayed or referred to on Company are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Company or their respective owners.
Except as provided in this User Agreement, Company does not grant You any rights in or to the Company Marks or the Other Marks. You agree that You shall not use the Company Marks or the Other Marks in any manner inconsistent with the provisions of this User Agreement, without the prior written authorization of Company or the respective owners of the Other Marks as the case may be. Requests to use the Company Marks or other Company Marks for purposes other than stated in this User Agreement may be made by sending an e-mail to firstname.lastname@example.org or writing to 3930 Oregon Street #210San Diego, CA 92104
The rating system used on the website and the Company’ ratings of Healthcare Providers are the property of Company and may not be reproduced in any manner without the prior written permission of Company.
USE OF COMPANY
Without limiting anything else contained in this User Agreement, You agree and acknowledge that:
1. The Content, Submissions, databases used to store the Content, Submissions, Products and Services (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to Company, and that no proprietary rights therein are being transferred to You by this User Agreement.
2. You will not, directly or indirectly:
i). Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial evaluation of Healthcare Providers,
ii). Use the Content, Submissions, Databases, Products and Services and any other information contained therein to compile mailing lists or other lists of Healthcare Providers for commercial purposes,
iii). Use the Content, Submissions, Databases, Products and Services and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom,
iv). Use the Content, Submissions, Databases, Products and Services and any other information contained therein in violation of any applicable laws or regulations,
v). Publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity,
vi). Attempt to access or access any other User’s account,
vii). Attempt to obtain or ascertain or obtain or ascertain any other User’s user name, password and/or personal information by any means whatsoever,
viii). Attempt to elude or elude Company’s security systems,
ix). Attempt to gain access or gain access to Company in a fraudulent manner,
x). Use Company for any purposes other than those intended by Company, as determined by Company in its sole discretion, or
xi). Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
3. You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases, Products and Services and any other information contained therein will cause irreparable harm to Company and that in such event money damages will not constitute sufficient compensation to Company; consequently, in the event that You, directly or indirectly, misappropriate or misuse any of the Content, Submissions, Databases, Products and Services and/or any other information contained therein, You specifically consent to Company obtaining injunctive relief against You in addition to any other legal or financial remedies to which Company may be entitled.
Company reserves the right to modify and/or discontinue Company at any time, for any reason and without notice, and to terminate Your password and account should you be in violation of this User Agreement, including, but not limited to, the provisions of this section entitled “Use of Company”.
NOTICE OF ENFORCEMENT
Company vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Company will not hesitate to prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases, Products and Services and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
NO MEDICAL ADVICE
Company is not a provider of medical advice and no Content or other information contained on Company should be construed as medical and/or health advice. Always seek the advice of Your physician or other qualified Healthcare Provider for answers to any questions You may have regarding a medical or health related condition. Neither the Content, other information contained on Company, nor any other service offered by or through Company is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something You have read on Company.
Company does not recommend or endorse any particular Healthcare Provider whose information or ratings appear on the website. Rather, Company is only an intermediary that provides the aforementioned Content regarding Healthcare Providers. No Content or other information contained on Company should be construed as an endorsement of a particular Healthcare Provider. The Content and other information on Company include statements of opinion, which are not statements of fact or Company’s recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to selecting and using any specific Healthcare Provider.
The opinions expressed on Company are those of its Users and not Company. The Content is presented in summary form, is general in nature, and is provided for informational purposes only. Company does not offer advice regarding the quality or suitability of any particular Healthcare Provider for any condition, including specific treatments or health conditions.
You agree to assume all responsibility in connection with choosing any Healthcare Provider, whether or not You obtained information about such Healthcare Provider on or through Company. You specifically acknowledge and agree that Company is not responsible or liable for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
Company does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and applications and You acknowledge and agree that Company shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. Company does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to Company. Unless approved in writing in advance by Company, You agree not to: (i) provide or create a link to Company, or (ii) create any frames at any other websites or mobile applications pertaining to any of the Content located at Company.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
COMPANY AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES OR IMPROVEMENTS THERETO AT ANY TIME WITHOUT NOTICE. COMPANY AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH COMPANY.
COMPANY DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF OR YOUR ACCESS TO THE WEBSITE OR THE MOBILE APP, THAT COMPANY AND YOUR USE OF THE WEBSITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY OR THE SERVER OR CODE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF COMPANY AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF COMPANY AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT COMPANY OR ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY AGREEMENTS YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU OBTAIN FROM HEALTHCARE PROVIDERS OR THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH COMPANY, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
LIMITATIONS ON LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF COMPANY AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, COMPANY AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH COMPANY, EVEN IF THERE IS NEGLIGENCE BY COMPANY OR BY AN AUTHORIZED COMPANY REPRESENTATIVE, OR AN AUTHORIZED COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. COMPANY’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN $100.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
1. YOUR USE OF COMPANY (INCLUDING YOUR DOWNLOAD OR INSTALLATION OF THE MOBILE APP) AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH COMPANY,
2. ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH COMPANY,
3. ANY BREACH BY YOU OF THIS USER AGREEMENT,
4. ANY SUBMISSIONS YOU MAKE OR POST ON COMPANY, AND
5. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH COMPANY (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING COMPANY USING YOUR ACCOUNT, YOUR COMPUTER OR YOUR MOBILE DEVICE.
RELEASE FOR FORCE MAJEURE
You absolve and release Company and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Company or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
This User Agreement will take effect at the moment You access, browse or use website or any of the Content, and continues in perpetuity unless terminated by You in accordance with this provision and/or by Company. Company reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to Company and any of the Content, (ii) to change, remove or discontinue any of the Content or services available on or through Company, or (iii) to terminate this User Agreement.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from Company, including, without limitation, permanently deleting all of the Content you have copied or stored on any computer, mobile device and any media; and (b) all related documentation; and (c) if You have installed the Mobile App, also deleting the Mobile App from any existing mobile device upon which you installed it. In addition, and upon Company’s request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this User Agreement which by their nature are intended to survive and will survive the termination or expiration of this User Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to Company will be deemed to have been duly given only if in writing and delivered by any of the following methods:
1. Certified U.S. mail, return receipt requested, postage prepaid, to 3930 Oregon Street #210San Diego, CA 92104; or
2. Email sent to email@example.com.
Notices to Company shall be deemed delivered when actually received by Company.
Any notice or other document or communication from Company required or permitted hereunder will be sent to the e-mail address that You provide when You register with Company (or any updated e-mail address that You may provide after registering). Such notice will be deemed received by You the business day after the e-mail is sent, whether or not You provided an accurate or current e-mail address.
Should You elect to send or receive e-mail communications of any kind to or from Company, You represent and warrant to Company that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, Company controls and operates Company from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
Access, browsing and use of Company, the Content and this User Agreement, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of California, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR DOWNLOADING, INSTALLATION OR USE OF, THE COMPANY WEBSITE OR THE MOBILE APP SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, U.S.A., AND YOU AND COMPANY AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between You and Company (the “parties”) concerning Company, the Content, this User Agreement and/or all matters or issues collateral thereto shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in San Diego, California. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this User Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration. In the even that a dispute is within the jurisdiction of a small claims court, that dispute will be submitted to a small claims court as opposed to arbitration.
No delay or omission by Company to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this User Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Company of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
If any portion of this User Agreement is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
Company is an independent contractor; nothing in this User Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and Company.
CONTINUED USE DEEMED ACCEPTANCE
Company reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this User Agreement from time to time. Company will post any changes on this page (with the effective date of the update near the top of this page).. Company encourages You to check back and review this agreement for any updates or modifications. After any such modification becomes effective, Company will deem Your continued use of Company or any of the Content to constitute Your acceptance of and agreement to such modification.
This User Agreement constitutes the entire agreement between You and Company with respect to Your use of Company, the Content and the Products and Services, and supersedes any and all prior understandings or agreements between You and Company, whether written or oral. You acknowledge that, in providing You access to and use of Company and the Content, Company has relied on Your acceptance of this User Agreement.