FindaTopDoc and Health Journeys Terms of Service
The contents of the FindaTopDoc.com, such as text, graphics, images, information and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Reliance on any information provided by FindaTopDoc.com employees, users, healthcare providers, patients or others appearing on the Site is solely at your own risk.
USE OF CONTENT SUBMITTED BY YOU
You agree that any Content you upload, post, email, transmit or otherwise make available via the Service is non-confidential, will be posted publicly the Site and that we shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with the Service and our business (and any successor), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. The submission of any materials to us irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the Site.
We retain the right, but not the obligation, to monitor and edit or remove any user, activity or content that it deems in its sole discretion to be harmful to Users, us or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we believe may subject us to any liability.
1.1 Welcome to the FINDATOPDOC.COM, a website operated by the Find a Top Doc, Inc., which hosts a fast and easy platform of finding information about healthcare providers according to your needs.
1.2 The online services (‘Online services’) and the materials (‘Materials’) are all operated by the Find a Top Doc, Inc. and are available on or through Findatopdoc.com (herein referred as the ‘Website’ or ‘Site’). For the purposes of these terms and conditions ‘we’, ‘our’ and ‘us’ refers to FindaTopDoc.com and the words of “User,” “You” and “Your” refer to users of Findatopdoc.com
1.3 The following terms and conditions constitute in essence a legal agreement between the user and the Findatopdoc.com along with the International Association of Healthcare Professionals. By using or accessing the website you hereby ACKNOWLEDGE YOUR CONSENT TO THE TERMS AND CONDITIONS AND ANY OTHER OBLIGATION OBTAINED HEREIN. If you DISAGREE with the following terms and conditions you should abstain from accessing, browsing, and generally using our website.
2. The Role of Findatopdoc.com
2.1 Findatopdoc.com neither operates as a referral service nor recommends any particular healthcare provider. You acknowledge and agree that Findatopdoc.com operates only as an intermediary, offering information regarding independent healthcare providers. We simply organize and display crucial information aiming to facilitate a patient to make informed decisions that meet his/her individual health requirements and needs. We provide free-of-charge information exclusively for your personal, non-commercial use of Findatopdoc.com.
2.2. In no case should Findatopdoc.com be regarded as a medical referral service and the provided information is not intended to, nor should in any way, replace medical advice.We do not suggest, endorse or approve any particular healthcare provider listed in the website nor do we offer advice relating to the quality or suitability of any of them.
2.3 You understand that any review considering healthcare providers constitutes a statement of opinion rather than a fact and it is your responsibility to seek and obtain any additional information that will help you to make a suitable decision before conducting with a health provider. We cannot guarantee should the ability of the healthcare practitioners correspond with your requirements and you acknowledge that any decision is made at your own risk.
2.4 The contents of the Findatopdoc.com Site, such as text, graphics, images, information obtained from our lincensors or advertisers, and other material contained on the Findatopdoc.com Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is imperative that you seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Findatopdoc.com!
If you think you may have a medical emergency, call your doctor or 911 immediately. Findatopdoc.com does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Findatopdoc.com Content is solely at your own risk.
3. Description of the Website
3.1 Findatopdoc.com gathers information from different healthcare professionals regarding their profile, facilities and services. We host general profiles, public information, comments, feedback, objective and subjective rating, reviews, materials and other details about the healthcare providers. The information in the above will link to informational purposes only and it will assist you in finding a suitable professional depending on your requirements. Findatopdoc.com uses various practical algorithms and is based on several sources such as independent surveys and third-party providers, driving simple and easy- to- use results.
4.1.By clicking the ‘AGREE’ BUTTON you understand, acknowledge, and agree cumulatively to the following:
b) You represent and warrant that you are at least eighteen (18) years old;
c) You are legally capable of entering into binding contracts; and
d) This Agreement equivalents to a signed and written contract between you and the Find a Top Doc, Inc.
4.2 If you do not agree to be legally bound by all or any part of the terms and conditions of this agreement, including without limitation the preceding acknowledgment and agreement, you should not select the ‘Agree’ button but rather to leave and exit your session to the website immediately. Additionally, you have to be able and willing to be bound by all the terms and conditions; otherwise we will not grant you any right or licence to use our online services and material either through the Findatopdoc.com or through the Application.
5.1 Findatopdoc.com is owned and operated by the Find a Top Doc, Inc.. Hence, all information, products, services and content illustrating on it constitute the sole property of the Find a Top Doc, Inc. or third party providers, as applicable.
5.2 Subject to the terms and conditions, you are granted for the duration of using Findatopdoc.com, including the online services and the material, you are granted by The Find a Top Doc, Inc. to a non-exclusive, non-transferable temporary license to access and use the Website, the content and the online services exclusively for personal use and for no other purpose such as for commercial browsing.
5.3 Furthermore, you are not granted a license to use the information or content in a manner that violates any applicable law, regulation or this Agreement. Hence, you agree that your use is subject to the following restrictions:
a) Copying, downloading and storing the content of the website (on any computer or other device even temporarily) is only permitted in the case that it aims to your personal, non-commercial use and any further resale or distribution to another part is absolutely prohibited.
b) Additionally, you are not entitled to copy, download, store, print or generally use the content of the website, unless you reproduce and include all copyright and other proprietary notices included in any such content.
5.4 Apart from the above exclusively mentioned circumstances, you are not allowed to copy, reproduce, edit, modify, perform, display, modify, adapt, translate, transmit, frame, wrap download, publish, sell, rent, transfer, create derivative work, or otherwise use the content of our website in any way and by any means.
6.1 The Findatopdoc.com welcomes comments, suggestions and submissions by its users. Please be aware that by submitting content (collectively the 'Content') to this Website including comments, suggestions, ideas, submissions, edits, concepts, messages, feedbacks, notes, general information or any other material (collectively 'the “Submissions'), and other than information given in the registration, to the Find a Top Doc, Inc., through the website, you grant the Find a Top Doc, Inc. a worldwide, non-exclusive, royalty-free, perpetual, transferable license:
a) To use any said submission for all legal purposes including but not limited to reproduce, modify, disclose, adapt, publish, translate, distribute, create derivative work, perform the submission in any media without any attribution or compensation to the client;
b) To pursue at law any person or entity that violates your or The Find a Top Doc, Inc.’ rights in the Submissions by a breach of this Agreement or any applicable law or regulation;
c) You further acknowledge and agree that any submission is non-confidential and it will become and remain our property which we may use in connection with our business for commercial or other purposes any of the concepts and ideas contained in your Submissions (including without limitation, product or advertising ideas) with no attribution or compensation to you;
d) 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.
7.1 You are fully responsible for the content of your Submissions and agree to indemnify and hold us harmless from any claims that may be brought against us arising from the submissions you provide to us and from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which The Find a Top Doc, Inc. may incur as a result of your Submissions.
7.2 You are prohibited from uploading, posting, sending or transmitting or otherwise publishing to or from this Website any comment, message, idea, submission, edit, concepts, feedbacks, note, or other material that:
a) Is illegal, fraudulent, libellous, defamatory, obscene, pornographic, profane, indecent, lewd, misleading, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or objectionable;
b) Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c) May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d) Includes any personally identifiable information (other than the name of the Healthcare Professional being reviewed) or materials of any kind that connect or refer to any other person or entity other than the person or entity being reviewed;
e) Would impersonate any person or entity or misrepresent in any way your identity, qualifications or affiliation with any person or entity, or that constitutes a breach of any individual’s privacy;
f) Solicitations, unsolicited promotions, political campaigning or advertising unless permitted by the Find a Top Doc, Inc.;
g) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
h) Viruses, trojan horses, corrupted data, or other harmful, disruptive, or destructive software or files; or
i) Any information, software, or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
7.3 Additionally, the accuracy of the submissions is paramount, and your responsibility. You fully understand and accept without exception that any information, regardless if it is provided by Healthcare Professionals, patients, clients, an authorized person by a Healthcare Professional or generally by any person or entity, will be complete, true, accurate, and the original work of your authorship. Especially, any submission apart from the above mentioned characteristics, it has to be subject to the following restrictions:
a) If the submission concerns Healthcare professionals, it must always be to the best of your knowledge, connected with the care or service that yourself, your minor child, or your ward received from the Healthcare Professionals provided that you are not employed or related in any way by Healthcare Professionals and/or that you are not impersonating anyone else. Additionally, users (other than Healthcare Professionals) who act on their behalves are allowed to post only one (1) submission about the same Healthcare Professional, entity, procedure or subject during any thirty (30) day period.
b) If you act as a healthcare professional, you, exclusively, have to be specifically identified in the content healthcare professional and any provided submission has to be connected only with you and your offered services;
c) In the case that you have been authorized by the Healthcare Professional to update, submit or edit Content which is connected to that Healthcare Professional, your submissions have to be solely connected with the particular Healthcare Professional and the services provided by that Healthcare Professional.
7.5 The Find a Top Doc, Inc. does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted on Findatopdoc.com by Members and other third parties. Any information or material placed on Findatopdoc.com by Members 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 The Find a Top Doc, Inc.. The International Association of Healthcare Professionals reserves all of its rights to discontinue in its sole discretion the Products and Services provided on Findatopdoc.com in general or any User or Healthcare Provider at any time.
If you do not agree to these terms and conditions, please do not provide us with any Submissions.
8.1 In order to access the Findatopdoc.com, the Products and Services and/or the Application, you agree to fully, accurately, and truthfully create your account (individually and collectively, the “Findatopdoc account”), providing a user identification (“Member ID”) and a password. It may be needed to create separate Member IDs and passwords to register a Findatopdoc account both on the Findatopdoc.com website and via the Mobile App. By creating a Findatopdoc.com account, you represent and warrant that:
a) You are at least eighteen (18) years of age;
b) Your Findatopdoc account details are personal to you and you are solely responsible for maintaining and promptly updating the information in order to keep it complete, accurate and truthful;
c) You are solely responsible for keeping your Member ID and password confidential and secure;
d) You are an authorized user of your account and you cannot allow anyone else to use your account details;
e) You are solely responsible for all conduct and activities that take place under your account access and passwords, regardless of whether you are the individual who undertakes such activities.
8.2 If you believe that your password may have become known to an unauthorized person, or if you become aware of any loss or theft, please notify us immediately by sending an email to email@example.com or writing to Findatopdoc.com, 181 Freeman Ave, Suite C, Islip NY 11751.
8.3 In order to determine your compliance with these Terms and Conditions we maintain the right, but not the obligation, to monitor your access to Findatopdoc.com and the use of the Products and the Services. The Find a Top Doc, Inc. is entitled at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, any legal requirement, protect the Find a Top Doc, Inc. and/or its users or generally operate the Services efficiency and properly.
10. Intellectual Property
10.1 Unless otherwise indicated, The Find a Top Doc, Inc. or its Licensors or its suppliers own the copyright and intellectual property rights in the Findatopdoc.com and material on the Website, including without limitation the graphical display, marks, logos, graphics and arrangement of Findatopdoc.com and the Content. You acknowledge, that you may use the Findatopdoc.com and the Content contained and referenced therein only for informational purposes and any reproduction, retransmission or other use is strictly prohibited, unless The International Association of Healthcare Professionals has provided its express authorization.
10.2 Considering requests for permission to reproduce any of the Content, please send us an email to firstname.lastname@example.org, or write to Findatopdoc.com, 181 Freeman Avenue, Suite C, Islip NY 11751.
10.3 FINDATOPDOC.COM, is a trademark owned by The Find a Top Doc, Inc.. All other trademarks, product names, slogans, domain names, logos, and company names (collectively “Other Marks”) mentioned in the Findatopdoc.com are the property of The International Association of Healthcare Professionals or their respective owners.
10.4 Additionally, the feedback or rating system used on or through the Findatopdoc.com constitute the property of The International Association of Healthcare Professionals and may not be reproduced in any manner without the prior written permission of The Find a Top Doc, Inc..
10.5 Nothing contained on the website should be construed as granting any license or right to use any rights in or to the Findatopdoc.com Marks or the Other Marks without the written grant thereof by The Find a Top Doc, Inc. or by the respective owners of such Marks. Requests to use the Findatopdoc.com Marks or other The Find a Top Doc, Inc. Marks for purposes other than stated in this User Agreement may be made by sending an e-mail to email@example.com, or writing to Findatopdoc.com, 181 Freeman Avenue, Suite C, Islip NY 11751.
11. Limitations in Use
11.1 You agree and acknowledge, without any limitation, that The Content, Submissions, databases used to store the Content, Submissions, Products and Services (“Databases”) and any other information contained herein are valuable intellectual property owned by or licensed to The International Association of Healthcare Professionals, and that no proprietary rights therein are being transferred to you by this User Agreement.
11.2 Additionally, you agree not to:
a) Use this Website or its contents for any commercial purpose;
b) 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;
Use the Content, Submissions, Databases, Products and Services and any other information contained therein to in violation of any legal obligations or
rules or legal regulations;
d) Use the Content, Submissions, Databases, Products and Services and any other information contained therein in any false, inaccurate, misleading, unlawful, threatening, libellous, defamatory, obscene, indecent, or inflammatory pornographic manner;
e) Access or attempt to gain unauthorized access to other user's account;
f) Undermine the security of the members by attempting to obtain or ascertaining or obtaining or ascertaining any other Member’s user name, password and/or personal information by any means whatsoever;
g) Upload, publish, send, or distribute in any manner any Content Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity;
h) Attempt to undermine the security system of the Findatopdoc.com or of The Find a Top Doc, Inc.;
i) Use any robot, data mining, spider, or similar device or process;
j) Use Findatopdoc.com for any other purposes other than those clearly stated on the Website and/or intended by The International Association of Healthcare Professionals;
k) Post, transmit, or upload any data that contain or promotes any virus or any other computer programming or code designed or intended to damage, destroy, manipulate, or otherwise interrupt the functionality of any software, hardware, servers, telecommunications, services, or other equipment;
11.3 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 The Find a Top Doc, Inc. and that in such event money damages will not constitute sufficient compensation to The Find a Top Doc, Inc.; 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 The Find a Top Doc, Inc. obtaining injunctive relief against you in addition to any other legal or financial remedies to which The Find a Top Doc, Inc. may be entitled.
11.4 The Find a Top Doc, Inc. maintains the right to modify the terms or policies relating to Findatopdoc.com at any time, effective upon posting of an updated version of these terms on the Website. Additionally, we have the right, in our sole discretion, to update, modify, and/or discontinue Findatopdoc.com at any time, for any reason and without notice or/and terminate your account and password in case you will violate all or a part of this Agreement, including, but not limited to, the provisions of this section entitled “Limitations in Use”.
12. Notice of Enforcement
12.1 The Find a Top Doc, Inc. vigorously enforces its intellectual property rights to the fullest extent of the law. Consequently, nothing contained in this Agreement limits our right 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.
13. No Medical Advice Provider
13.1 Findatopdoc.com is neither intended to provide nor provides any medical advice, medical diagnosis, or treatment and hence, no Content or any other information should be regarded, directly or indirectly, as such. It is your sole responsibility to seek and receive advice of your doctor or other qualified Healthcare Provider concerning questions you have regarding any medical condition. Never delay in obtaining medical advice or disregard medical advice because of something you have heard, experienced, or seen on Findatopdoc.com.
13.2 The Find a Top Doc, Inc. only operates as intermediary or “conduit”, offering information regarding independent healthcare providers and it should never been regarded, under any circumstances, that it promotes, recommends, or endorses any specific Healthcare Provider.
13.3 The Find a Top Doc, Inc. includes on Findatopdoc.com statements of opinion and not facts, suggestions or recommendations about any particular Healthcare Provider. It is your responsibility to obtain any additional, necessary information in order to meet an informed decision prior to choosing and using any specific Healthcare Provider.
13.4 Any statement of opinion illustrated on Findatopdoc.com derives from its Members and not from the Association of Healthcare Professionals. The views expressed by other users on our Website do not necessarily represent our views or values. The Content that presented in summary form is general in nature, and is provided for informational purposes only.
13.5 Finally, you acknowledge and agree that the Find a Top Doc, Inc. is in no way responsible or liable for any decision you make resulting from the use of the contained information or for any advice, treatment or other service provided by any Healthcare Provider. You also acknowledge that you assume full responsibility for the selection of any Healthcare provider whether or not you obtained information about such Healthcare Provider on or through Findatopdoc.com
14.1 We do not control Websites and mobile applications that are not owned or operated by The Find a Top Doc, Inc.. The Website may contain links for other websites or allow you to download or launch the Mobile Application that contain information created, published, maintained, or otherwise posted by organizations not related to or/and being independent of The Find a Top Doc, Inc.. Our inclusion of hyperlinks to such websites and applications does not imply any endorsement of the material, content, or any product or service on such websites and applications and it does not guarantee the privacy, accuracy, completeness, or generally the content provided by such websites or on such applications. These links are provided only for your convenience and the use of any information obtained through such websites and applications is made at your risk, and may be subject to additional terms and conditions imposed by other owners.
14.2 You acknowledge and agree that The Find a Top Doc, Inc. has no control over and will have no liability for any loss or damage that may arise from your use of those websites and applications. Unless approved in writing in advance by The International Association of Healthcare Professionals, you agree not to: i) provide or create a link to Findatopdoc.com, or ii) create any frames at any other websites or mobile applications pertaining to any of the Content located at Findatopdoc.com.
15.1 YOU ACKNOWLEDGE THAT YOU USE FINDATOPDOC.COM. AND THE SERVICES AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
15.2 Further, you acknowledge and agree that:
a) The information presented on Findatopdoc.com may include technical inaccuracies or typographical errors. The International Association of Healthcare Professionals reserves the right to make changes, additions, or deletions to the information at any time without any prior notice.
b) Findatopdoc.com and the content are provided “AS IS” and without warranties or any condition, directly or indirectly. The International Association of Healthcare Professionals DISCLAIMS ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, PERMITTED UNDER LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE, THE INFORMATION, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH FINDATOPDOC.COM.
c) The Find a Top Doc, Inc. does not warrant that the services and generally the use of the FINDATOPDOC.COM or the Mobile Application will be secure, free form errors, interruptions, viruses, or other harmful components.
d) The Find a Top Doc, Inc. makes no warranties or representations as to the accuracy, reliability, correctness or otherwise of the information provided on the FINDATOPDOC.COM, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Platform. You assume the entire risk of loss or costs in using the FINDATOPDOC.COM and the Content included in the FINDATOPDOC.COM. The abovementioned exclusion may not apply to you, in case that applicable law may not allow the exclusion of implied warranties.
15.3 The Find a Top Doc, Inc. makes no warranties or representations as to the identification of a suitable Healthcare Provider or for any other purpose through the FINDATOPDOC.COM or its Services. The Find a Top Doc, Inc. will be in no case responsible or liable for any Agreements made by you or for Products or Services provided by Healthcare Providers or other third parties. Finally, you agree to communicate solely to such Healthcare Professionals or third parties regarding to any and all claims arising out of such Agreements or Products or Services.
16. Limitation of Liability
16.1 THE INTERNATIONAL ASSOCIATION OF HEALTHCARE PROFESSIONALS SHALL NOT BE LIABLE, WITHOUT LIMITATION, FOR DAMAGES OF ANY KIND RELATING TO THE USE OR ATTEMPTED USE OF THE FINDATOPDOC.COM, ITS CONTENT, INFORMATION, SERVICES, OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF PERFORMANCE, MISUSE, MISTAKE, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
16.2 TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE INTERNATIONAL ASSOCIATION OF HEALTHCARE PROFESSIONALS SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) AS A RESULT OF THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON FINDATOPDOC.COM AND THE CONTENT OR PRODUCTS OR SERVICES PROVIDED BY FINDATOPDOC.COM, EVEN IF THERE IS NEGLIGENCE BY THE INTERNATIONAL ASSOCIATION OF HEALTHCARE PROFESSIONALS OR BY AN AUTHORIZED FATD REPRESENTATIVE, OR AN AUTHORIZED FATD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ENTIRE LIABILITY OF THE INTERNATIONAL ASSOCIATION OF HEALTHCARE PROFESSIONALS FOR LOSSES, DAMAGES AND CAUSES OF ACTION SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE SERVICES OF FINDATOPDOC.COM.
17.1 You agree to defend, indemnify and hold harmless The Find a Top Doc, Inc. and its agents, employees, shareholders, clients, and affiliates from and against any claim, damage, injury, cause of action or demand, including without limitation reasonable attorney's or/and litigation fees, as a result of:
a) Your use or misuse of FINDATOPDOC.COM, of the Mobile Application and/or any of the Content or Services or any information posted on FINDATOPDOC.COM;
b) Your breach of this Agreement;
c) Your Submissions made on FINDATOPDOC.COM;
d) Any negligent or wrongful action or omission by you or any other person accessing the website using your personal account in connection with the FINDATOPDOC.COM, including, but not limited to, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct
18. Force Majeure
18.1 You acknowledge and agree that the Find a Top Doc, Inc., its agents, employees, shareholders, clients, and affiliates shall not be liable for any losses, delays or generally any claim of harm arising out by events outside our control, including, but not limited to, problems with the public or private telecommunications networks, computer viruses, severe weather conditions, natural disasters, act of governmental authority, war, or any other cause beyond its control.
19. Termination and Survive
19.1 The Find a Top Doc, Inc. reserves the right at any time, without penalty and without notice to
a) Terminate your access to Findatopdoc.com,
b) Change or delete the Content or/and the provided Services available on Findatopdoc.com,
c) Amend or cancel this Agreement.
19.2 Please take into account that this agreement will come into force at the earlier of the time you click the “I Agree” button or you proceed to access, browse or use Findatopdoc.com or any of the Content, and continues to apply in perpetuity unless terminated by you and/or by The International Association of Healthcare Professionals.
19.3 You may voluntarily terminate this Agreement by destroying immediately:
a) All of the Content obtained through Findatopdoc.com, including, without limitation, permanently deleting all of the Content you have copied or stored on any computer, mobile device and any media,
b) All related documents, and
c) If you have already installed the Mobile application, you have to delete it as well.
19.4 Additionally, your termination must be in the form of a written notice to us, certifying that you have already destroyed all of the Content. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this User Agreement stated herein shall survive the termination or expiration of this Agreement for any reason.
20.1 Any notice or other document or action required or permitted hereunder to The Find a Top Doc, Inc. will be deemed to have been duly given only if in writing and delivered by any of the following methods:
a) Certified U.S. mail, return receipt requested, postage prepaid, to The Find a Top Doc, Inc. at 181 Freeman Avenue, Suite C, Islip NY 11751; or
b) Email sent to firstname.lastname@example.org.
20.2 Any notice to The Find a Top Doc, Inc. shall be regarded as delivered when it actually received by The International Association of Healthcare Professionals.
20.3 Respectively, any required notice, document or action on behalf of The International Association of Healthcare Professional will be communicated through your email address, that you have indicated at your registration. Such notice will be considered as received by you the business day after the e-mail is sent, regardless if you have provided a right or wrong email address.
20.4 You agree and acknowledge that in case you decide to send or receive any kind of communication to or from us, your email service has all the necessary and sufficient security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
21. Governing Law and Jurisdiction
21.1 Our Website and These Terms and Conditions are governed by the United States federal law and/or the laws of the State of New York, without regard to any conflict of law provisions that would refer to and/or apply the substantive laws of another jurisdiction. You are solely responsible for complying with the applicable domestic legal regulation, including, without limitation, all export and import laws. In case that some of the Content is subject to export controls, you will not be able to download or generally export it:
a) Into (or to a national or resident of) any country to which the U.S. has placed an embargo;
b) To anyone in the US Treasury Department’s Specially Designated national list, or c) To anyone on the US Commerce Department’s Table of Denial Orders.
Should you download or use the Content, you agree and acknowledge 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.
21.2 Provided that The Find a Top Doc, Inc. is only capable of operation and controlling Findatopdoc.com within the United States of America, it cannot guarantee that Findatopdoc.com and/or its Content is available or suitable for use in other places around the world.
21.3 SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL PROCEEDING OR DISPUTE ARISING OUT OF OR RELATING TO THE ACCESS, DOWNLOADING OR USE OF THE FINDATOPDOC.COM OR THE MOBILE APPLICATION SHALL ONLY BE BROUGHT IN STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK, U.S.A. YOU AND THE INTERNATIONAL ASSOCIATION OF HEALTHCARE PROFESSIONALS HEREBY AGREE TO SUBMIT TO THIS EXCLUSIVE JURISDICTION AND FURTHER AGREE TO VENUE OF THESE COURTS WITH RESPECT TO SUCH LEGAL MATTERS.
22.1 Any claim or dispute between you and The Find a Top Doc, Inc. (the “parties”) arising from, or related to, a visit to Findatopdoc.com, the Content, these Terms and Conditions and/or any collateral issue shall be brought exclusively to final and binding arbitration, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. You further agree that you will submit any claim by filing a demand for arbitration within one (1) year from the date on which such claim arose. 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. Each of the parties will be responsible of its own costs of arbitration, apart from the fees of the arbitrator which shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this 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 regarded as a waiver of either party’s right to compel arbitration.
23.1 Any detail or omission on behalf of The Find a Top Doc, Inc. to exercise any right arising from your breach of this Agreement shall not be deemed a impairment of our rights or a waiver. Any waiver by The Find a Top Doc, Inc. 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.
24.1 If a Clause of this Agreement is determined by any court or arbitrator to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.
25. Independent contractors
25.1 The Parties are independent contractors. Nothing in this Agreement shall be deemed to constitute a partnership or joint venture between the Parties or constitute any Party to be the agent of the other Party for any purpose.
26.1 The Find a Top Doc, Inc. reserves the right, at its sole discretion, to change this Agreement at any time, and the changes will be effective by the update near the top of this page. When posted through the Services, on our website for the Services or when we notify you by other means, it is binding on you and your continued use of our Website to check back for any updates or amendments. After changes are posted means you agree to be legally bound by these terms as updated and/or amended.
27.1 This Agreement is the entire agreement between you and The Find a Top Doc, Inc. in connection with your use of Findatopdoc.com, the Content and the Products and Services and replaces all prior understandings, communications and agreements, oral or written, between you and us. You agree and acknowledge that, The Find a Top Doc, Inc. has provided to you the access and use of Findatopdoc.com and its Content, given your acceptance of this Agreement.