Terms & Conditions
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IN THE EVENT OF A DISPUTE BETWEEN YOU AND A DOCTOR LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE DOCASAP, ITS SUBSIDIARIES, AFFILIATES, PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH DOCASAP, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE
Your Personal Information
License and Site Access
DocAsap grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes. This license does not include and strictly prohibits: any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of DocAsap.
DAny unauthorized use can lead to your prohibition from the site and potentially civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray DocAsap in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any DocAsap, subsidiary, affiliate, doctor, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of DocAsap. DocAsap does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within DocAsap's control.
DocAsap does not provide Medical Advice
DOCASAP IS NOT A PROVIDER OF MEDICAL SERVICES AND DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT OR ADVICE AND NOTHING CONTAINED ON THE SITE OR THROUGH THE SERVICE IS INTENDED TO CONSTITE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE OR OTHERWISE CREATE A PATIENT – MEDICAL PROVIDER RELATIONSHIP BETWEEN DOCASAP AND YOU. THE INFORMATION PROVIDED ON DOCASAP.COM IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR PERSONAL PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL SYMPTOMS OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE. IF YOU NEED OR HAVE ANY REASON TO BELIEVETHINK THAT YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, YOU ARE DIRECTED NOT TO USE THE SERVICE OR SITE BUT INSTEAD TO CALL 911 OR GO TO THE NEAREST HOSPITAL.
DocAsap disclaims any responsibility for, or liability related to, such services and advice received (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims should be directed to the appropriate doctor.
DocAsap does not warrant that doctor descriptions, appointments, information, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and DOES NOT CONSTITUTE AN ENDORSEMENT by DocAsap of any doctor, service, procedure or any reviews or comments thereof regardless of the source of such review or comment. DocAsap assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user reviews or other content on the Site.
DOCASAP makes no representations, guarantees or endorsements with respect to the qualification, quality, expertise, or suitability of any of the providers or other parties listed as part of the Service or Site. In no event shall DocAsap be liable or otherwise responsible to you or any other person or party for any action taken by you or such third party based in whole or in part on the information contained on the Site or Service.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE INFORMATION CONTAINED OR PROVIDED THROUGH THE SITE AND SERVICE, INCLUDING THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, CERTIFICATIONS OR SUITABILITY OF MEDICAL PROVIDERS FOR YOUR INDIVUAL NEEDS.. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant DocAsap a worldwide, 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 materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to DocAsap to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you.
In addition, you warrant that all rights that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of DocAsap, its agents, subsidiaries, affiliates, or other partners and their respective directors, officers, employees, agents and representatives. DocAsap reserves the right to change, condense or delete any content on the Site that DocAsap deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post or provide any information to/for the Sites:
That is false, inaccurate or misleading.
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
That violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy)
That is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.
That constitutes personally identifiable personal information about any person or party (other than your own personally identifiable personal information which in each case is explicitly requested by DocASAP to enable you to utilize the Services).
For which you were compensated or granted any consideration by any third party:
That seeks to obtain a commercial advantage
That includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers
That contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.
IN CONTRIBUTING OR SUBMITTING ANY CONTENT TO THE SITE, YOU AGREE NOT TO USE A FALSE OR MISLEADING EMAIL ADDRESS, IMPERSONATE ANY PERSON OR ENTITY, OR OTHERWISE PROVIDE ANY MISLEADING INFORMATION AS TO THE ORIGIN OF ANY CONTENT THAT YOU SUBMIT. YOU SHOULD ALSO NOTE YOUR OBLIGATIONS TO INDEMNIFY DOCASAP (AMONG OTHERS) FOR THE CONTENT YOU SUBMIT AS SET FORTH IN THE INDEMNITY SECTION, BELOW.
You agree that you will not use:
Any device, software or routine to bypass our robot exclusion headers
Any device to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site.
Any action that imposes an unreasonable or disproportionately large load on DocAsap's computer systems or communications infrastructure.
Any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without DocAsap's prior written consent.
You will have the opportunity to submit feedback regarding your experiences with doctors who are featured on the Site. It is important that you act responsibly when providing this feedback. Please give clear, honest information about the doctor and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments.
We reserve the right to remove feedback for any reason. We are not, however, responsible for any failure or delay in removing feedback. Keep in mind that the feedback of others is simply opinion and you should not be relied on. In addition, you may submit a review to describe your experiences with a doctor or dentist subject to the following conditions:
You may submit a doctor review only in good faith and about a doctor that you have actually received medical services for, limited to where you have (i) received medical attention, (ii) the services were paid for, and/or (iii) you can provide proof of payment.
You may only describe your experience with the doctor for which you are writing a doctor review. You should not review any doctor on situations that are not controlled by the doctor you are reviewing.
You may submit no more than one doctor review of a particular doctor in any thirty (30) day period.
Any doctor review that you submit is subject to the conditions and restrictions described in the Content Submission section, above.
You acknowledge and agree that DocAsap may, in its sole discretion, post only the first doctor review it receives from users (which may not include your review) that are related, on a case by case basis and in whole or in part, to a specific listing error by a doctor, such as, but not limited to, an error in the listed appointment times.
Other Businesses and Links to other sites
DocAsap may provide links to the sites of doctors, affiliated companies, partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by DocAsap of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. DocAsap is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.
DocAsap has no control over the business practices of any third-party doctor or advertiser, nor does it control in any way the quality, safety or legality of any service provided through an entity listing on the Site or any business transaction that occurs as a result of products listed on the Site.
Disclaimer of Warranties and Limitation of Liability
THE SITE IS PROVIDED BY DOCASAP ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. DOCASAP DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF DOCASAP'S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP DISCLAIMS ALL WARRANTIES AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES REVIEWED ON THE SITE OR ATTAINED AS A RESULT OF USING THE SITE, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM DOCASAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES. OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF DOCASAP KNEW OR HAD REASON TO KNOW 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, DOCASAP’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM 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".
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS THE CANCELLATION OF YOUR USE OF THE SERVICE AND SITE. IN NO EVENT SHALL DOCASAP’S 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 REGISTRATION FEES PAID BY YOU TO US, IF ANY, FOR THE SITE OR THE SERVICES OR (B) $50.
IP Ownership AND Copyright Infringement
DocAsap disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). DocAsap will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include DocAsap removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to DocAsap regarding matters other than informing DocAsap that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
notification must be submitted to the following Designated
Attn: General Counsel
22025 Avonworth Square, Broadlands, VA 20148
To be effective, your infringement notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DocAsap to locate the material;
Information reasonably sufficient to permit DocAsap to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed".
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
DocAsap shall remove or disable access to the Third Party Content that is alleged to be infringing;
DocAsap shall forward the written notification to the alleged infringer (the "Subscriber");
DocAsap shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
To be effective, a Counter Notification must be a written communication provided to DocAsap's Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled";
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which DocAsap may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and DocAsap will comply with this requirement within a reasonable time (or as otherwise required by law), provided DocAsap's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on DocAsap's network or system.
ADDRESS FOR NOTICE
to DocAsap (other than as aforementioned for Digital Millennium
Copyright Act infringement notices) can be sent to the following
mailing address below or emailed to firstname.lastname@example.org:
Attn: General Counsel
22025 Avonworth Square, Broadlands, VA 20148