TERMS OF USE Business
Effective: October 01, 2008
Welcome to PatientPlus.com, an online bookings and social utility website that connects
your health care practice with your patients and with other health care professionals.
The Patient Plus service and network (collectively, "Patient Plus" or "the Service")
are operated by Cervana LLC. and its corporate affiliates (collectively, "us", "we"
or "the Company"). By accessing or using our web site at www.patientplus.com or
the mobile version thereof (together the "Site"), you (the "User") signify that
you have read, understand and agree to be bound by these Terms of Use ("Terms of
Use" or "Agreement"), whether or not you are a registered member of Patient Plus.
We reserve the right, at our sole discretion, to change, modify, add, or delete
portions of these Terms of Use at any time without further notice. If we do this,
we will post the revised Terms of Use on this page and will indicate at the top
of this page the date these terms were last revised. Your continued use of the Service
or the Site after any such changes constitutes your acceptance of the new Terms
of Use on behalf of you and your company including that you consent to the information
practices disclosed in our
Privacy Policy, and that you consent to resolve in the State
of New York any dispute that you may have with us, or the Site. If you do not agree
to abide by these or any future Terms of Use, do not use or access (or continue
to use or access) the Service or the Site. It is your responsibility to regularly
check the Site to determine if there have been changes to these Terms of Use and
to review such changes. Please note that we offer the Site "AS IS" and without warranties.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND
EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. About the Site
Everything we offer on the Site is referred to in these Terms of Use collectively
as the �Services." Some of what's on the Site is viewable without registering with
us, but to actively participate or store your information, you must register as
a member and authorize the use and disclosure of your personal and health information.
Patient Plus is a permission based system and no personal health information is
shared without direct authorization by the patient or healthcare provider.
2. Registration
As part of the registration process, you will provide an e-mail address and create
a password. In consideration of your use of the Site, you agree to (a) provide accurate,
current and complete information about you as may be prompted by any registration
forms on the Site ("Registration Data"); (b) maintain the security of your password
and identification; (c) maintain and promptly update the Registration Data, and
any other information you provide to Company, to keep it accurate, current and complete;
and (d) be fully responsible for all use of your account and for any actions that
take place using your account.
To become a member and access the area on this Site reserved for members (the �Member
Area�), Patient Plus requires that you are either (a) a diagnosed patient of a member
health care professional, (b) a caregiver for a patient of a member health care
professional, (c) a health care professional (e.g. doctor, nurse, health researcher,
etc.), or (d) a guest making a booking with a health care professional as authorized
by Patient Plus (e) a guess or member guest as authorized by Patient Plus.
3. Your Personal Information
In order to register, you must provide certain personal and professional information
about yourself and your practice. The Patient Plus
Privacy Policy explains the information practices that apply
to this and other personal information we have about you, as well as any choices
you can make about the ways this information is used. Please review it carefully.
4. Your Responsibilities
You are responsible for all use of the Site and for all use of your account and
password, including use by others to whom you have given your account and password.
You are responsible for keeping your password confidential and for notifying us
if your password has been hacked or stolen. You may notify at privacy@patientplus.com
if your password has been hacked, stolen or lost. You may use the Site and the Services
for lawful purposes only. You may not use the Site in any manner that could damage,
disable, overburden, or impair our servers or networks, or interfere with any other
party's use and enjoyment of the Site or the Services. You may not attempt to gain
unauthorized access to any of the Services, user accounts, or computer systems or
networks, through hacking, password mining or any other means. Without limiting
any of the foregoing, you agree that you shall not (and you agree not to allow any
third party to) without explicit written permission from the Company:
-modify, adapt, translate, or reverse engineer any portion of the Site and/or the
Services;
-remove any copyright, trademark or other proprietary rights notices contained in
or on the Site and/or the Services or in or on any content or other material obtained
via the Site and/or the Services;
-use any robot, spider, site search/retrieval application, or other automated device,
process or means to access, retrieve or index any portion of the Site and/or the
Services;
-access, retrieve or index any portion of the Site and/or the Services for purposes
of constructing or populating a searchable database of reviews related to the health
care industry or medical physicians, or any other subject matter;
-reformat or frame any portion of the web pages that are part of the Site and/or
the Services;
-create user accounts by automated means or under false or fraudulent pretenses;
- post or transmit any unsolicited advertising, promotional materials, "junk mail",
"spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial
or otherwise; or
-collect or store personal data about other users in connection with the prohibited
activities described in this paragraph.
In addition to our rights under Section 16, we may take any legal action and implement
any technical remedies to prevent the violation of this provision and to enforce
these Terms of Use.
Even though the Services are provided free of charge, the usual and customary charges
for any medical services rendered by collaborating physicians profiled on the Site
will apply and will be entirely your responsibility. Your participation, correspondence
or business dealings with any third party found on or through the Site and the Services
(including, without limitation, health care professionals, medical centers, hospitals
or other health care institutions, regarding payment and delivery of specific goods
and services, and any other terms, conditions, representations or warranties associated
with such dealings, are solely between you and such third party. You agree that
Patient Plus shall not be responsible or liable for any loss, damage, or other matters
of any sort incurred as the result of such dealings.
5. Changes and or Failure of Services
We may from time to time add new services to the Services, substitute a new service
for one of the existing Services, or discontinue or suspend one of the existing
Services. Information about the new services will be included on the Site, and the
use by users of new services will be governed by these Terms of Use. You agree that
Patient Plus will not be liable to you or any third party for any suspension or
discontinuation of any of the Services. The Site and the Service may be temporarily
unavailable from time to time for maintenance or other reasons. Patient Plus assumes
no responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, User communications. Patient Plus is
not responsible for any technical malfunction or other problems of any telephone
network or service, computer systems, servers or providers, computer or mobile phone
equipment, software, failure of email or players on account of technical problems
or traffic congestion on the Internet or at any Site or combination thereof, including
injury or damage to User's or to any other person's computer, mobile phone, or other
hardware or software, related to or resulting from using or downloading materials
in connection with the Web and/or in connection with the Services.
6. Links to Other Sites
The Site may include links to other websites, including links provided as automated
search results and links to advertisers� websites. Some of these sites may contain
materials that are objectionable, unlawful, or inaccurate. These links are provided
for your convenience only and do not mean that we endorse these sites or the products
and services they provide. You acknowledge and agree that we are not responsible
or liable for the content or accuracy of these other sites.
7. Additional Terms
Certain of the Services on the Site may have additional terms (such as policies,
guidelines, and rules) that will further govern your use of that particular Service
and supplement these Terms of Use. If you choose to register for or access any such
Services, you will be presented with any relevant additional terms and conditions
at that time. By using those Services, you agree to comply with such additional
guidelines and rules.
8. No Spam
You may not use contact information provided by our users or collaborating physicians,
or harvest such information for the purpose of sending, or to facilitate the sending,
of unsolicited bulk communications such as SPAM. You may not allow others to use
your account to violate the terms of this section. We may terminate your membership
or access to the Site immediately and take other legal action if you or anyone using
your account and password violates these provisions.
9. Content You Post or Submit
With the Patient Plus profile page you have the ability to post information related
to your education, background, practice mission, and any other information you deem
relevant to potential new patients or any other persons that wish to see your profile
information.
-You are solely responsible for any content and other material that you submit,
publish or display on the Site or transmit to other members and/or other users of
the Site (hereinafter, "Posted Content").
-You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. You may not submit any content
or material that infringes, misappropriates or violates the intellectual property,
publicity, privacy or other rights of any party.
-You may not provide any Posted Content that falsely expresses or implies that such
content or material is sponsored or endorsed by Patient Plus.
-You may not provide any Posted Content that is unlawful or that promotes or encourages
illegal activity.
-You understand and agree that Patient Plus may review and delete any Posted Content
(without notice to you) that in the sole judgment of Patient Plus violates these
Terms of Use or which might be offensive, illegal, or that might violate the rights
of, harm, or threaten the safety of other users or members of the Site and/or other
website users.
-You agree that you will only provide Posted Content that you believe to be true
and you will not purposely provide false or misleading information.
-By posting Posted Content on the Site, you agree to and hereby do grant, and you
represent and warrant that you have the right to grant, Patient Plus, its contractors,
and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable,
fully paid up, worldwide license to use, copy, publicly perform, digitally perform,
publicly display, and distribute such Posted Content and to adapt, edit, translate,
prepare derivative works of, or incorporate into other works, such Posted Content.
You acknowledge and agree that Patient Plus has the right under the foregoing license
to combine your Posted Content with the Posted Content of other Patient Plus users
for purposes of constructing or populating a searchable database of reviews related
to the health care industry and health care providers, without compensation to you.
-The following is a partial list of the kind of content and communications that
are illegal or prohibited on/through the Site. Patient Plus reserves the right to
investigate and take appropriate legal action in its sole discretion against anyone
who violates this provision, including without limitation, removing the offending
communication from the Services and terminating the membership of such violators
or blocking your use of the Services and/or the Site. You may not post content that:
-is false or intentionally misleading;
-harasses or advocates harassment of another person;
-involves the transmission of unsolicited mass mailing or "spamming";
-consists of unsolicited advertising, promotional materials or any other form of
solicitation, commercial or otherwise;
-violates any applicable local, state, federal or international law;
-violates the intellectual property or other rights of any person;
-is threatening, obscene, defamatory or libelous; or
-is pornographic or sexually explicit in nature.
10. Copyright Dispute Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet infringes their
rights under the U.S. copyright law. If you believe in good faith that materials
hosted by Patient Plus infringe your copyright, you, or your agent may send to Patient
Plus a notice requesting that the material be removed or access to it be blocked.
Any notification by a copyright owner or a person authorized to act on its behalf
that fails to comply with requirements of the DMCA shall not be considered sufficient
notice and shall not be deemed to confer upon Patient Plus actual knowledge of facts
or circumstances from which infringing material or acts are evident. If you believe
in good faith that a notice of copyright infringement has been wrongly filed against
you, the DMCA permits you to send to Patient Plus a counter-notice. All notices
and counter notices must meet the then current statutory requirements imposed by
the DMCA; for details, see
http://www.loc.gov/copyright.
Patient Plus�s Copyright Agent for notice of claims of copyright infringement or
counter notices can be reached as follows:
Patient Plus
519 50th. Avenue
Long Island City, NY 11101
Fax: (212) 656-1955
Email to:legal@patientplus.com
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Also, be aware that there can be penalties for false claims under the DMCA.
11. Your Use of Content
Except for content posted or submitted by you or any other visitors to the Site,
all of the content available on or through the Services and/or the Site, including
without limitation, text, photographs, graphics and video and audio content, is
owned by us and our licensors and is protected by copyright, trademark, patent,
and trade secret laws, other proprietary rights, and international treaties. You
acknowledge that the Services and any underlying technology or software used in
connection with the Services contain Patient Plus�s proprietary information. We
give you permission to use the aforementioned content for personal purposes only
and do not transfer any intellectual property rights to you by virtue of permitting
your use of the Services. You may print, download, and store information from the
Site for your own convenience, but you may not distribute, republish (except as
permitted in this paragraph), sell, or exploit any of the content, or exploit the
Site in whole or in part, for any commercial gain or purpose whatsoever. Except
as is expressly and unambiguously provided herein, Patient Plus and its suppliers
do not grant you any express or implied rights, and all rights in the Site and the
Services not expressly granted by Patient Plus to you are retained by Patient Plus.
12. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES �AS IS�, �WITH ALL FAULTS� AND �AS AVAILABLE.�
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING
ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT
LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY,
ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE
THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE,
RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU
WILL ALWAYS BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY
NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
13. The Site and the Services Do Not Provide Medical Advice
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A SUBSTITUTE FOR,
NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT
DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH-CARE PROFESSIONAL
BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY
MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911. YOUR USE OF INFORMATION
PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE
SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN
TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific physician, medical center, hospital
or other health care institution, test, procedure, opinion, or other information
that may appear on the Site. If you rely on any of the information provided by the
Site (including, without limitation, with respect to any physician, health care
provider, medical center, hospital or other health care institution), you do so
solely at your own risk.
We have no control over, and cannot guarantee the availability of any physician
at any particular time. We will not be liable for cancelled or otherwise unfulfilled
appointments or any injury resulting therefrom.
14. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR
REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND
ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS
OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY,
THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL
WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR
USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY
TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED
TO THE 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.�
15. User Disputes
You are solely responsible for your interactions with other Patient Plus users.
We reserve the right, but have no obligation, to monitor disputes between you and
other users.
16. Termination
We may terminate and/or suspend your registration immediately, without notice, if
there has been a violation of these Terms of Use or other policies and terms posted
on the Site by you or by someone using your account and password. We may also cancel
or suspend your registration for any other reason, including inactivity for an extended
period, but will attempt to notify you in advance of such cancellation or suspension.
Patient Plus shall not be liable to you or any third party for any termination of
your access to the Site and/or the Services. Further, you agree not to attempt to
use the Site and/or the Services after any such deletion, deactivation or termination.
Sections 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 shall survive any termination
or expiration of these Terms of Use.
17. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our
employees, contractors, officers, directors, agents, parent, other affiliated companies,
and suppliers, from all liabilities, claims, demands and expenses, including attorney's
fees, made by any third party that arise from or are related to (a) your access
to the Site, (b) your use of the Services, or (c) the violation of these Terms of
Use by you or any third party using your account and password of any intellectual
property or other right of any person or entity. The foregoing indemnification obligation
does not apply to liabilities, claims and expenses arising as a result of our own
gross negligence or intentional misconduct.
18. Entire Agreement
This agreement and any supplemental terms, policies, rules and guidelines posted
on the Site, including the Privacy Statement, constitute the entire agreement between
you and us and supersede all previous written or oral agreements. If any part of
these Terms of Use is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in full
force and effect. The failure of Patient Plus to exercise or enforce any right or
provision of these Terms of Use shall not constitute a waiver of such right or provision.
The failure of either party to exercise in any respect any right provided for herein
shall not be deemed a waiver of any further rights hereunder.
19. Choice of Law and Dispute Resolution
This agreement shall be deemed to have been entered into and shall be construed
and enforced in accordance with the laws of the State of New York as applied to
contracts made and to be performed entirely within New York, without giving effect
to the state�s conflicts of law statute. Any controversy, dispute or claim arising
out of or related to these Terms of Use or your use of the Services shall be settled
by final and binding arbitration to be conducted by an arbitration tribunal in the
State, City and County of New York, pursuant to the rules of the American Arbitration
Association. The arbitration tribunal shall consist of one arbitrator, knowledgeable
in the relevant subject matter. The decision or award of the arbitrator shall be
final, and judgment upon such decision or award may be entered in any competent
court or application may be made to any competent court for judicial acceptance
of such decision or award and an order of enforcement. The parties agree that the
arbitrator shall have the authority to impose equitable and injunctive relief as
well as to award monetary relief, as the arbitrator deems appropriate.
20. Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated
company, or as part of the sale to, merger with, or other transfer of our company
to another entity. You may not assign, transfer or sublicense these Terms of Use
to any one else and any attempt to do so in violation of this section shall be null
and void.
21. Eligibility
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction
if that age is greater than 18 years of age, to register with us or use the Site
and the Services. If you are under the age of 18 or the applicable legal age in
your jurisdiction, you can use the Services only in conjunction with, and under
the supervision of, your parent or guardian who has agreed to the Terms of Use.
If you do not qualify, do not use the Services. Membership in the Services is void
where prohibited by applicable law, and the right to access the Site is revoked
in such jurisdictions. You must be 13 or older to use the site, in compliance with
the Children's Online Privacy Protection Act (COPPA). 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 of Use and to abide by all of the terms and conditions
set forth herein. The Site is administered in the U.S. and intended for U.S. users;
any use outside of the U.S. is at the user's own risk and users are responsible
for compliance with any local laws applicable to their use of the Services or the
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