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BY REGISTERING WITH US OR BY USING DOCASAP.COM (THE “SITE”) AND/OR THE SERVICES (AS DEFINED BELOW), YOU ARE AGREEING TO BE BOUND BY THESE TERMS. YOU SHOULD NOT ACCESS OR USE THE SITE OR REGISTER TO USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS.
Notwithstanding the foregoing, you may not accept any of these Terms if: (i) you are not of legal age to form a binding contract with DocASAP; (ii) you are under the age of 18 (regardless of your legal status); (iii) you do not have the requisite power and authority to enter into these Terms; (iv) you are, you represent, or you are employed by a competitor of DocASAP or we have previously banned you from using the Site and/or the Services or terminated your account; or (v) you are otherwise barred from entering into an agreement with DocASAP under the laws of the country, state or territory in which you reside.
You hereby agree that you shall not post or provide any Content or information to or for the Site:
Furthermore, in connection with your use of the Site and/or the Services, you hereby agree:
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 their opinion, should not be relied on and that it does not reflect the thoughts or opinions of DocASAP. The reviews that you submit regarding your experiences with a Healthcare Provider are subject to the following conditions:
Membership in the Services is void where prohibited by applicable law, and your right to access the Site or the Services 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 and that you will abide by all of the terms and conditions set forth herein. The Services available through DocASAP Site are administered in the United States and are intended for United States users only.
Any unauthorized use of the Site and/or the Services 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 logo or other proprietary graphic or trademark belonging to DocASAP, or any of its subsidiaries, affiliates, doctors, or other partners, as part of a link to the Site without first obtaining the express prior written consent of DocASAP. DocASAP does not guarantee continuous, uninterrupted or secure access to its Services or the Site, and you acknowledge that the operation of the Site may be interfered with by numerous factors outside of or within DocASAP's control
YOU ACKNOWLEDGE AND AGREE THAT 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 LISTED ON THE SITE OR ANY BUSINESS TRANSACTION THAT OCCURS AS A RESULT OF PRODUCTS OR SERVICES LISTED ON THE SITE.
THE SITE AND THE SERVICES, ALONG WITH ANY MATERIALS OR INFORMATION OBTAINED FROM DOCASAP, ARE TO BE CONSIDERED "AS IS" AND “AS AVAILABLE”. 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. FURTHER, WHILE DOCASAP MAKES EVERY EFFORT TO ENSURE THE ACCURACY AND RELIABILITY OF ITS CONTENT, WE BEAR NO RESPONSIBILTY FOR ANY LOSS, COST OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY INACCURACIES, ERRORS OR OMISSIONS OR OBJECTIONABLE CONTENT CONTAINED THEREIN. DOCASAP ALSO DOES NOT AND CANNOT GUARANTEE THAT THE SITE, ITS SERVERS, E-MAILS SENT FROM DOCASAP, OR ANY OTHER MATERIALS PROVIDED BY DOCASAP WILL BE FREE OF VIRUSES, SPYWARE, MALWARE OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE, AND, 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 THEREFROM 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 EITHER WITHIN OR OUTSIDE OF DOCASAP'S CONTROL, AND DOCASAP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OF THE FOREGOING.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE AND/OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES, INCLUDING BUT NOT LIMITED TO, THE PROVISION OF ANY HEALTHCARE SERVICES, PROVIDED BY OR REVIEWED ON THE SITE OR ATTAINED AS A RESULT OF USING THE SITE AND/OR THE SERVICES.
DOCASAP IS NOT A PROVIDER OF HEALTHCARE SERVICES AND DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT OR ADVICE. NOTHING CONTAINED ON THE SITE OR THROUGH THE SERVICES IS INTENDED TO CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE OR TO OTHERWISE CREATE A PATIENT–MEDICAL PROVIDER RELATIONSHIP BETWEEN DOCASAP AND YOU. THE INFORMATION PROVIDED ON THE SITE 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 HEALTHCARE CONDITION. NEVER DISREGARD PROFESSIONAL HEALTHCARE ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IF YOU NEED OR HAVE ANY REASON TO BELIEVE THAT YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, YOU ARE DIRECTED NOT TO USE THE SERVICES OR THE SITE BUT INSTEAD TO CALL 911 OR GO TO THE NEAREST HOSPITAL.
DOCASAP DISCLAIMS ANY RESPONSIBILITY FOR, OR LIABILITY RELATED TO, THE USE OF THE SITE AND/OR THE SERVICES AND ANY ADVICE RECEIVED IN CONNECTION THEREWITH. ANY QUESTIONS, COMPLAINTS OR CLAIMS SHOULD BE DIRECTED TO THE APPROPRIATE HEALTHCARE PROVIDER.
DOCASAP DOES NOT WARRANT THAT DOCTOR DESCRIPTIONS, QUALIFICATIONS, EDUCATION, EXPERTISE OR LICENSING, OR THAT ANY 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 HEALTHCARE PROVIDER, 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, WARRANTIES, GUARANTEES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION CONTAINED OR PROVIDED THROUGH THE SITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE PROFESSIONAL QUALIFICATIONS, QUALITY, EXPERTISE, EDUCATION, CERTIFICATIONS, LICENSING OR SUITABILITY OF ANY OF THE HEALTHCARE PROVIDERS OR OTHER THIRD PARTIES LISTED AS PART OF THE SERVICES OR THE 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 AS PART OF THE SERVICES. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY HEALTHCARE PROVIDER OR OTHER INDIVIDUAL OR ENTITY DESCRIBED ON THE SITE. 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.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SERVICES. IN NO EVENT WILL DOCASAP BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, MEDICAL MALPRACTICE, NEGLIGENCE OF PROVIDERS UTILIZED THROUGH THE SITE OR THE SERVICES, OR ANY OTHER PECUNIARY LOSS, IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR IN CONNECTION WITH A DISPUTE REGARDING ANY OF THESE TERMS, EVEN IF DOCASAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE ACTION IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
NOTWITHSTANDING THE ABOVE, SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, AND THE FOREGOING MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DOCASAP"S LIABILITY SHALL NONETHELESS BE LIMITED TO THE FULLEST 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".
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 AND/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.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE DOCASAP ENTITIES FROM ANY AND ALL CLAIMS, DAMAGES OR LIABILITY OF ANY KIND WHATSOEVER WITHOUT LIMITATION, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATED TO THE SITE AND/OR THE SERVICES, INCLUDING (I) ANY DISPUTES BETWEEN YOU AND A HEALTHCARE PROVIDER OR OTHER INDIVIDUAL OR ENTITY LISTED ON THE SITE, AND (II) ANY THIRD PARTY'S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THESE TERMS, AND (III) ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
To provide such a notification, written notice must be submitted to the following designated agent of DocASAP (the "Designated Agent"):
Attn: General Counsel
22025 Avonworth Square
Broadlands, VA 20148
Upon receipt of written notification containing the information outlined in (1) through (6) above:
Upon receipt of a Counter Notification containing the information 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 that the Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Posting User from engaging in infringing activity relating to the material on DocASAP's network or system.
Last Revision Date: March 30, 2016.
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