Terms and Conditions

 

Simple Talk

Customers of PLUSdoc, “PLUSdoctors”, are choosing to sign up for PLUSdoc on a month to month basis. The first 30 days are a free trial and after that doctors get charged every month based on the number of doctors signed up in a practice. PLUSdoctors can cancel at any time by deleting all of the doctors that have been added to a practice by accessing their password protected doctor portal. If PLUSdoctors cancel or the credit card is declined PLUSdoc will disconnect the reviews from the review badge and cancel all doctor portal login permissions.

PLUSdoctors will permanently lose all patient reviews and star ratings including those that have been listed and ranked by search engines like Google.

Patients voluntarily choose to write reviews and post them onto the doctors’ websites knowing that it will be seen by the public possibly in many different locations including social media networks. Anything that a patient writes is considered public information. Don’t write anything you don’t want the public to know.

Patients who violate PLUSdoc policy when writing a review will have their review removed.  Doctor’s do not have the ability to remove reviews however may request having a review removed by email support@plusdoc.com

 

Lawyer Talk

The following are the terms and conditions for use of the PLUSdoc, Inc. (“PLUSdoc”) Internet-based products and services (“Services”). Please read these Terms of Use (“Terms”) carefully before accessing the PLUSdoc web site or using the Services (together, the “Site”). By visiting the PLUSdoc Site, you are stating that you acknowledge and agree to be bound by all of these Terms.

PLUSdoc provides an online community for rating and reviewing doctor practices, businesses, services, products and locations as well as a variety of other features and services to support and build that community. A person or entity may use the Site by simply visiting the Site or by creating an account and registering as a user and making use of the online tools provided by the Site (in either instance, a “user”). PLUSdoc reserves the right to change or modify any of these Terms, the Customer Terms, its privacy policy, the Site or any policy relating to the Site, at any time, by posting the new agreement or policies, as applicable, to the PLUSdoc website located at http://www.plusdoc.com/privacy.html (or such other URL as PLUSdoc may provide). Such modifications shall become effective immediately upon the posting thereof. You are responsible for regularly reviewing the website to keep yourself apprised of any changes. Your continued use of the Site will be deemed to be acceptance of any changes to these Terms or any other posted policies.

ACCOUNT 


To register for the Site and create an account, an account manager will assign you a specific URL and profile page.  They will require a valid email address and phone number.   You will be given a username and sent a request to establish your account.  You will create a password that only you have access to.  You shall protect your username and password and are solely responsible for any and all use that occurs under your account.  You agree to notify PLUSdoc immediately of any unauthorized use of your account or any other breach of security.

CONTENT

All information, words, images, sounds, and other material on all pages of the Site (“Content”), to the extent proprietary in nature, is the property of PLUSdoc. PLUSdoc takes no responsibility and assumes no liability for any message, profile, opinion, question, answer, posting, data, information, file, text, link, music, sound, image, video, photo, graphic, code, work of authorship or other material posted, stored, or uploaded or downloaded by you, a Customer or any third party, or for any loss or damage to or resulting from such Content. AS A PROVIDER OF INTERACTIVE SERVICES, PLUSDOC IS NOT LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY IN ANY CONTENT, NOR WILL PLUSDOC BE LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR ANY OTHER INFORMATION OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA, WHETHER OR NOT PART OF THE SITE. Although PLUSdoc has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Site, PLUSdoc reserves the right, and has absolute discretion, to remove, screen or edit, with or without notice, any Content posted or stored on the Site, at any time and for any reason. 

By posting or distributing Content to or through the Site, you (a) grant PLUSdoc, its affiliates and the entity about which the Content is written a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, delete, edit, create derivative works of and publicly display such Content throughout the world in any media, now known or hereafter devised; (b) grant PLUSdoc, its affiliates and sub-licensees the right to display the name, title and company name associated with the account of the user that submitted such Content if such user has agreed to display such information publicly and, in instances when such user has not agreed to display such information publicly, grant PLUSdoc, its affiliates and sub-licensees the right to display the first name associated with the account of the user that submitted such Content; (c) grant PLUSdoc, its affiliates and sub-licensees the right to reject or refuse to post Content; (d) grant PLUSdoc, its affiliates and sub-licensees the right to contact you or any Content authors via email or telephone; and (e) represent and warrant to PLUSdoc that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant PLUSdoc the right to pursue at law any person or entity that violates your or PLUSdoc rights in the Content by a breach of these Terms, which right is without the implication of any obligation to do so.

Content submitted by any user will be considered public and non-confidential and PLUSdoc may freely disclose or use such Content without consent or notice. PLUSdoc shall have no obligation to offer or provide you (a) any payment or other consideration for Content that you or any user submits) or (b) the opportunity to retrieve, view, review, edit, delete or otherwise modify Content once it has been submitted to PLUSdoc. PLUSdoc shall have no duty to attribute authorship of Content. You specifically agree that PLUSdoc shall not be responsible for unauthorized access to or alteration of any Content.

PLUSdoc may provide Content to third-party web sites to be published on such sites. PLUSdoc makes no representations or assurances that any Content will be published on any third-party web site; that any Content that is published on any third-party web site will be accurately reproduced; that any Content that is published on any third-party web site will not be reproduced onto additional web sites that have not been approved by PLUSdoc; or that, if any Content is published on a third-party web site, that such Content will remain on such site. PLUSdoc may, at its sole discretion, seek to remove any Content from any third-party web site at any time including, but not limited to, upon the termination of your account.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by PLUSdoc or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release PLUSdoc, and its licensees, successors and assigns, from any claims that you could otherwise assert against PLUSdoc by virtue of any such moral rights.

PROPRIETARY RIGHTS 


Except for the limited license granted below, PLUSdoc expressly reserves all right, title and interest in and to the Site, the Content, the PLUSdoc Technology (as defined below) and all other PLUSdoc IP (as defined below) and no rights therein are transferred to you by your access to the Site or the PLUSdoc IP. “PLUSdoc Technology” means all technology, inventions, know-how and related intellectual property owned or developed by PLUSdoc, including without limitation PLUSdoc-related software, code, script or API and all processing, algorithms and other software and technology used by PLUSdoc in the provision of the Site, together with any fixes, updates and upgrades of the foregoing. “PLUSdoc IP” means all intellectual property of PLUSdoc, including, without limitation, the Site, the Content, the PLUSdoc Technology, all trade secret or confidential information of PLUSdoc, including without limitation, all Customer Information (as defined below), all trademarks, trade names, service marks, logos, trade dress and similar intellectual property rights of PLUSdoc, the PLUSdoc-provided logo and link, and any copyright, patent, trademark, other intellectual property right or federal or state right pertaining thereto, together with all derivatives, improvements, enhancements or extensions of any of the foregoing intellectual property conceived, reduced to practice or otherwise developed on or on behalf of PLUSdoc. PLUSdoc IP constitutes valuable assets of PLUSdoc. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to PLUSdoc IP, whether by estoppel, implication or otherwise.  PLUSdoc and the PLUSdoc logo, and all other product or service names or slogans displayed on the Site in connection with the Services, are registered and/or common law trademarks, service marks or trade names of PLUSdoc and/or its suppliers or licensors, and, except as expressly provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of PLUSdoc or the applicable trademark holder. In addition, the look and feel of the Site constitute the service marks, trademarks and/or trade dress of PLUSdoc and, except as expressly provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of PLUSdoc. All other trademarks, or service marks or trade names or trade dress, product names and company names or logos, whether or not registered, mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by PLUSdoc.

LICENSES

Subject to these Terms, PLUSdoc hereby grants to you a limited, revocable, non-exclusive, non-transferable license (“License”) to access and use the Site and, to the extent necessary to your use of the Site, the PLUSdoc IP, in each case solely in accordance with these Terms and the applicable policies of PLUSdoc made available on the PLUSdoc Site. 

During the term of the License, PLUSdoc hereby grants to you a limited, revocable, non-exclusive, non-transferable license to include the PLUSdoc Site on your browser solely for the purpose of accessing the information available from the Site.

You agree not to use, modify or download any portion of the PLUSdoc Site or the Content for any commercial purpose other than your personal evaluation of any business listed on the PLUSdoc Site. You agree not to use the Content or the PLUSdoc Site to collect information for the purpose of soliciting the businesses listed in the PLUSdoc Site. This license does not include any resale or commercial use of any Content. You agree not to sell, resell, commercialize, aggregate, copy, modify, display, transmit or distribute any Content nor exploit any Content for any commercial purpose. Any download or print out of Content shall be for your own non-commercial use, but not for display, performance, distribution, or for access by third parties over any computer network.

CONFIDENTIALITY; RESTRICTIONS ON USE 


The PLUSdoc IP is to be used only to facilitate the exchange of opinions and information about the businesses, services, products and locations reviewed on the Site, and each person or entity supplying information to or using information from the Site shall only use the PLUSdoc IP for such purpose. You shall not: (a) use, or allow the use of, any PLUSdoc IP, except pursuant to the limited rights expressly granted in these Terms; (b) use the PLUSdoc IP other than for its intended purpose or, with respect to the PLUSdoc Technology that is a part thereof, in any manner that is inconsistent with user documentation, if any, made available to you by PLUSdoc; (c) attempt to decompile, reverse engineer, hack into or compromise any aspect of the PLUSdoc IP (including without limitation the PLUSdoc Technology), or attempt to access personal data of any other registered users; (d) use any data mining, robots or similar data gathering or extraction methods to collect information or data from the PLUSdoc IP; (e) remove, obscure or alter any legal notices, including without limitation notices of intellectual property rights appearing in or on the PLUSdoc IP or any materials delivered to you by PLUSdoc; (f) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the PLUSdoc IP; (g) reproduce, distribute, display, modify or make derivative uses of the PLUSdoc IP or the Site Content, or any portion thereof (except for any Content for which you have been given written permission), except as expressly provided herein; or (h) engage in any prohibited conduct, as detailed below. 

Without limiting the generality of the foregoing, you specifically agree to the following restrictions on disclosure and use of Customer Information (as hereinafter defined): You agree not to use the Customer Information for any purpose whatsoever other than evaluating the businesses reviewed as potential service providers. You agree not to disclose the Customer Information to anyone except as necessary for the foregoing use. Without limiting the foregoing in any manner, you specifically agree not to use any Customer Information to solicit any customer of PLUSdoc in connection with any business whatsoever. “Customer Information” as used herein means all information posted or accessible on the Site relating to or concerning PLUSdoc customers. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You will not use the PLUSdoc IP in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation any law or right regarding the transmission of technical data exported from the United States or the country in which you reside, any laws affecting the transmission or posting of content or affecting the privacy of persons, or any law or right regarding any copyright, patent, trademark, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

Except as expressly permitted herein, any use of any portion of the PLUSdoc IP without the prior written permission of PLUSdoc is strictly prohibited and will terminate the License. Any such unauthorized use may also violate applicable laws, including without limitation copyright, trade secret and trademark laws and applicable communications regulations and statutes.

PROHIBITED CONDUCT 

You agree that you are responsible for your own conduct and Content while using the PLUSdoc IP and for any consequences thereof. You agree to use the PLUSdoc IP only for purposes that are legal, proper and in accordance with these Terms and any applicable policies or guidelines. By way of example, and not as a limitation, you agree not to post, email, or otherwise make available Content: (a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (b) that is pornographic or depicts a human being engaged in sexual conduct; (c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (d) that impersonates any person or entity, including, but not limited to, a PLUSdoc owner or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (e) that includes personal or identifying information, beyond a first name, about another person without that person’s explicit consent; (f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; (g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement or any similar matter; (i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the PLUSdoc Site which are not designated for such purposes; (j) that communicates directly regarding services, products or commercial interests (via email or phone) to a PLUSdoc user who has not previously given you their email address and indicated in writing that it is all right to contact them about the same; (k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items services the sale of which is prohibited; (l) that contains software viruses or any other computer code, files or programs; (m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site; or (n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site. Additionally, you agree not to: (i) contact anyone who has asked not to be contacted; (ii) “stalk” or otherwise harass anyone; (iii) attempt to gain unauthorized access to PLUSdoc’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site; (iv) use the Site to gain preferential treatment from a business listed on the Site; or (v) use any form of automated device or computer program that enables the submission of postings on or through the Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. 

The above list is only representative of the conduct not permitted under these Terms and is not exhaustive. PLUSdoc does not screen the behavior of users and is not liable for their actions or violations of these Terms. If you suspect a user is in violation of these Terms, please contact suport@plusdoc.com.com. Any conduct deemed inappropriate by PLUSdoc may result in suspension or termination of your PLUSdoc account and License.

THIRD PARTIES


The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”). You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. PLUSdoc does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. PLUSdoc provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply PLUSdoc’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. PLUSdoc accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including without limitation privacy and data-gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 

Your interactions with other users of the Site or with advertisers, including without limitation payment and delivery of goods or services, or other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or the advertiser. You agree that PLUSdoc will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of personally identifiable information supplied to such third party by you. If there is a dispute between you and any third party (including without limitation another user), PLUSdoc has the right, but not the obligation, to participate in or monitor such dispute; provided, however, that neither the possession nor the exercise of such right shall be deemed to create any duty, liability or obligation on PLUSdoc.

FEEDBACK 

You recognize and agree that PLUSdoc may implement mechanisms allowing us and other users to track your contributions to the Site and rate your performance as a user. PLUSdoc reserves the right to collect feedback regarding your performance and to post such feedback on the Site. You may not take any actions that may undermine the integrity of the feedback system.

PRIVACY

Access to the Site may store a cookie on your computer. In connection with the provision of the Site, PLUSdoc may aggregate data derived from your use of the Site to compile aggregate statistics, metrics and general trend data about the Site for marketing and promotional purposes. 

You agree to not use the Site to track or collect personally identifiable information of other users, nor will you associate any data gathered with any personally identifying information from any source as part of your use of the Site.

PLUSdoc is committed to protecting your privacy and the information that PLUSdoc gathers.  By your continued use of the Site, you represent and acknowledge that you have read, understand and agree to the terms of the PLUSdoc Privacy Policy.

 NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify PLUSdoc’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”) at: support@plusdoc.com with “Attn: Copyright Agent” in the subject line.

Please provide our Agent with the following notice (“Notice”): (a) description of the copyrighted work that you claim has been infringed; (b) a description of the material on the Site that you claim is infringing, with enough detail so that we may locate it; (c) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) a statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (e) your address, telephone number, and email address; and (f) the physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest. PLUSdoc will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (“DMCA”) (including without limitation the counter-notice and put-back procedures).

INDEMNIFICATION 


You agree to indemnify, hold harmless and defend PLUSdoc and its members, officers, directors, employees, agents and affiliates, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against PLUSdoc or any of its members, officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including without limitation reasonable attorneys’ fees) incurred by PLUSdoc or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition of these Terms, or (b) your use of the Site. In such a case, PLUSdoc will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. PLUSdoc reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such an event your obligation to indemnify and hold harmless PLUSdoc (and its members, officers, directors, employees, agents and affiliates) shall continue in full effect with the sole exception of costs of defense.

RELEASE 

You hereby release PLUSdoc, and its members, officers, directors, employees, agents and affiliates, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation financial or non-financial loss, damage to your or your company’s reputation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from (a) any interactions with other users or any PLUSdoc IP, (b) any incorrect or inaccurate Content (including without limitation any information in profiles) posted on or through the Site, whether caused by users or by any of the equipment or programming associated with or utilized in the Site, (c) conduct of any user of the Site, or (d) removal of any Content provided by you to the Site. You hereby waive California Civil Code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
THE SITE AND ALL PLUSDOC IP ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PLUSDOC (OR ANY MEMBER, OFFICER, EMPLOYEE OR AGENT THEREOF), EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR ANY PLUSDOC IP, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PLUSDOC (OR ANY MEMBER, OFFICER, EMPLOYEE OR AGENT THEREOF) DOES NOT WARRANT THAT (A) THE SITE OR OTHER PLUSDOC IP WILL MEET YOUR NEEDS, (B) THE SITE OR OTHER PLUSDOC IP WILL BE ERROR-FREE OR ACCESSIBLE AT ALL TIMES, (C) DEFECTS WILL BE CORRECTED, (D) THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE CONTENT MADE AVAILABLE AS PART OF THE SITE WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. YOU ASSUME ALLL RESPONSIBILITY FOR SELECTION AND USE OF CONTENT AND ALL OTHER PLUSDOC IP.

The foregoing exclusions and disclaimers are an essential part of these terms and formed the basis for determining the price charged for the services. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.

LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PLUSDOC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOST BUSINESS, OR LOST DATA, ARISING FROM YOUR USE OF, OR ANY OTHER PARTY’S USE OF, OR YOUR OR ANY OTHER PARTY’S INABILITY TO USE, THE SITE, THE CONTENT OR ANY OTHER PLUSDOC IP, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF PLUSDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SITE AND CONTENT IS ENTIRELY AT YOUR OWN RISK, AND PLUSDOC HAS NO LIABILITY IN CONNECTON WITH YOUR USE OF THE SITE OR CONTENT.

PLUSdoc’s cumulative liability to you or any other party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to these Terms shall not exceed one hundred dollars (US$100). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

THE LIMITATIONS ON DAMAGES HEREUNDER ARE PART OF THE TERMS UNDER WHICH PLUSDOC IS WILLING TO ALLOW USERS TO USE THE SITE. USER ACKNOWLEDGES THAT THE SITE AND CONTENT WOULD NOT BE PROVIDED UNDER THE SAME TERMS, INCLUDING WITHOUT LIMITATION FREE OF CHARGE TO USER, IF PLUSDOC WERE RESPONSIBLE FOR USER’S DAMAGES.

INTERNET

PLUSdoc reserves the right to make the Site unavailable or to take it down without notice as may be required or desired to make modifications or for any other reason. In addition, any software, information, content, or material of any kind downloaded or otherwise obtained through the use of the Site is obtained at your own discretion and risk, and you shall be solely responsible for any damage to any computer or loss of data that results from such download or use of the Content or access to the Site. Portions of the Site utilize Internet connectivity to transmit and receive Web pages, Content and data. PLUSdoc may utilize this information to gather usage statistics. In addition, you are warned that the Internet is not a secure medium or environment, and thus all use of the Internet, including without limitation in connection with the Site and Content, is solely at your own risk. PLUSdoc is not responsible for any viruses, spam or other actions or results that may occur as a result of your use of the Internet, Software, Site or Content.

TERMINATION; MODIFICATION OF LICENSE AND SITE OFFERINGS

Notwithstanding any provision of these Terms, PLUSdoc reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site and the other PLUSdoc IP, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or the other PLUSdoc IP; (c) change, suspend or discontinue any aspect of the Site or the other PLUSdoc IP; and (d) impose limits on the Site and the other PLUSdoc IP. Either party hereto may terminate the License at any time and for any reason. In addition, the License will terminate immediately, without notice, if you fail to comply with these Terms.

Upon any termination of the License, you will discontinue use of the Site and the other PLUSdoc IP and, if applicable, delete all copies of the PLUSdoc IP from your browser, Web servers, servers and any other location where PLUSdoc IP has been saved. Upon termination of the License, you will no longer have access to the Site or any of the Content contained therein.

You understand and acknowledge that, unless and until the PLUSdoc IP is deleted from your servers, Web servers, Web sites, and browser, these Terms remain in effect.

Sections 2, 3, 5, 6, 7 and 10-17 will survive termination of the License.

IRREPERABLE HARM 

You understand that in the event it fails to comply with this Agreement, PLUSdoc may suffer irreparable harm which may not be adequately compensated for by monetary damages alone. You, therefore, agree that in the event of your breach or threatened breach of this Agreement, including without limitation Sections 2 through 6, PLUSdoc will be entitled to injunctive and/or other preliminary or equitable relief, in addition to any other remedies available at law.

MISCELLANEOUS

These Terms represent the complete agreement between us concerning its subject matter, and supersede all prior agreements and representations between the parties hereto.

These Terms shall be governed by and construed under the laws of the State of California without reference to its conflict-of-law principles. In the event of any conflicts between foreign law, rules and regulations and California law, California law, rules and regulations shall prevail and govern.

Each party hereto agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in Los Angeles, California, with respect to any dispute between the parties related to this Agreement, the Services or the PLUSdoc IP (whether based in contract tort or any other right). The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms.

The PLUSdoc IP is controlled by U.S. Export Regulations, and may be not be exported to or used by embargoed countries or individuals.

Any notices to PLUSdoc must be sent via email addressed to: support@plusdoc.com, and are deemed given upon receipt. Notices to you will be sent to your email address on record with PLUSdoc, and are also deemed given upon receipt.

If any portion of these Terms shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of these Terms (including, without limitation, each portion of these Terms containing any provision held to be invalid, void or otherwise unenforceable, that is not itself invalid, void or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void or unenforceable.

A waiver of any default is not a waiver of any subsequent default.

These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

Anything contained on the Site inconsistent with or conflicting with these Terms is superseded by these Terms, as in effect at any given time.

YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT YOU HAVE THE RIGHT AND ABILITY TO ENTER INTO THESE TERMS. YOU FURTHER REPRESENT THAT YOU ARE AUTHORIZED TO ENTER INTO THESE TERMS, AND THAT THESE TERMS CONSTITUTE YOUR VALID AND LEGALLY BINDING OBLIGATION.

QUESTIONS AND COMMENTS


If you have any questions regarding these Terms or your use of the Site, please submit them to us at support@plusdoc.com .

By visiting the PLUSdoc Site or using the PLUSdoc’s services, you agree to be bound by the terms of these Terms of Use and our Privacy Policy. If you do not agree to the Terms of Use or any revision thereof, please discontinue use of the PLUSdoc Site and/or Services immediately. 

Privacy Policy

We are committed to protecting your privacy. We created this Privacy Policy (“Privacy Policy”) to describe our information collection and use practices in connection with our internet services and mobile applications (the “Service”), which is made available to you through a variety of platforms, such as through PLUSdoc.com (the “Website”), through Facebook, and other social media (collectively, “Social Media”), and through cell phones, personal digital assistants, and other mobile devices (collectively, the “Mobile Devices”). The Website, our Social Media pages, and the Mobile Devices are collectively referred to as the “Platforms.” “PLUSdoc,” “we,” “us,” and “our” refers to PLUSdoc Inc. the company that owns and operates this Website.

By visiting our Website, and/or using our Service on any of the Platforms, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

If you have used the Service on Facebook and/or other third-party Social Media sites, we may collect or receive Personal Information from such Social Media sites in accordance with their terms of use and privacy policies. We use the Personal Information, the Geolocational Information, and the other information (a) to provide you the Service, (b) to send you information about PLUSdoc or the Service, (c) to customize and tailor your experience on the Website, and (d) to provide you with content that we think you might be interested in and according to your preferences. We may also use your contact information to inform you about other products and services that may be available through PLUSdoc, our family of companies, and/or companies with which we have a marketing relationship, and to provide you a customer survey to assess your satisfaction with our Service.

We may share Personal Information with third parties as described below: We may employ other companies and individuals to perform functions on our behalf. Examples may include providing marketing assistance and customer service. These other companies will have access to the Personal Information only as necessary to perform their functions and to the extent permitted by law. In an ongoing effort to better understand our customers, we might aggregate Personal Information that is provided through the Website. In aggregate form, this Personal Information does not identify you personally. We may share this aggregate data with our business affiliates and agents. We may also disclose aggregated user statistics in order to describe our services to current and prospective business affiliates and to other third parties for other lawful purposes.

To the extent permitted by law, we may also disclose Personal Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing the Personal Information is necessary or advisable, for example, to protect the rights, property, or safety of PLUSdoc or others.

We do not and will not sell or rent any personal information lists including emails to anyone.

Accessing and Modifying Personal Information and Communication Preferences

You can review and manage the Personal Information that you have provided to us through the account settings on our Website, and you can remove or change any information in your profile or account at any time. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any PLUSdoc marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt-out of receiving transactional e-mails related to your account with PLUSdoc.

Once a patient review is written and submitted it cannot be changed or modified. The doctor may or may not respond to a review. If you believe a review should be taken down email support@PLUSdoc.com.

Service Providers

Service Providers, their employees, and their agents should be particularly aware of their obligations of patient confidentiality, including without limitation their obligations under the Health Insurance Portability and Accountability Act ("HIPAA"), in communicating with PLUSdoc. PLUSdoc does not have, and will not accept, any obligations of confidentiality with respect to any communications other than those expressly stated in this Privacy Policy and PLUSdoc's Terms of Use.

The Information We Collect Online

When you visit our Website and use our Service, you may provide us with personally identifiable information about you, such as your name, e-mail address, telephone number, mailing address, personal interests, and other information (collectively, the “Personal Information”). We do not collect any Personal Information from you when you visit the Website unless you provide us with the Personal Information voluntarily (for example, by registering for an account, either directly through our Website or through Social Media). We may automatically collect other types of non-personally identifiable information when you visit the Website and use our services online such as your network location, the IP address of your computer, and what sections of the Website you visit.

The Website may use “cookie” technology to help us collect other non-personally identifiable information and to enhance your experience using the Website. Cookies are small packets of data that a web site stores on your computer’s hard drive so that your computer will “remember” information about your visit. We may allow third-party companies that are presenting advertisements on some pages of the Website to set and access their own cookies. Such third-party cookies are not governed by this Privacy Policy, but by the privacy policy of such third party. Also, the Website may use web beacons, commonly known as bots, to access our cookies within and outside our network of web sites and in connection with our products and services. If you do not want the Website to place cookies on your hard drive, you may be able to turn that feature off on your computer. Please consult your Internet browser’s documentation for information on how to do this. However, if you decide not to accept cookies from our Website, the Website may not function properly.

User Generated Content

If you choose to post User Generated Content on the Website, you should be aware that any personally identifiable information included with your User Generated Content can be read, collected, or used by other users, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in your User Generated Content.

How We Protect Visitor Information

We strive to maintain reasonable physical, electronic, and procedural safeguards to secure Personal Information from loss, misuse and unauthorized access, disclosure, alteration, and destruction. We use industry-standard SSL (“Secure Socket Layer”) encryption technology, a secure server, and other physical and procedural safeguards to protect the security of such information. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet.

If you have any questions regarding this Privacy Policy, please contact us as described in the “Contact Us” section. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question. If you do not receive acknowledgement of your complaint or if your complaint is not satisfactorily addressed by PLUSdoc, you should then contact: PLUSdoc, Inc. 2118 Wilshire Blvd Suite 465 Santa Monica CA 90403

External Web Websites

The Website may contain links to third-party web sites. PLUSdoc has no control over the privacy practices or the content of any of our business affiliates, advertisers, sponsors, or other web sites to which we provide links from the Website. As such, PLUSdoc is not responsible for the content or the privacy policies of web sites to which our Website may link. You should check the applicable privacy policy of the web site sponsor when visiting any other web sites.

Changes to This Privacy Policy

This Privacy Policy is effective as of July 2012. We may change this Privacy Policy from time to time. By accessing this Website or providing us Personal Information after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact PLUSdoc via e-mail at support@PLUSdoc.com with “PRIVACY POLICY” in the subject line or by mailing us at the following address: PLUSdoc, Inc. 2118 Wilshire Blvd Suite 465 Santa Monica CA 90403

 

 

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