Terms and Conditions
Contract: This User Agreement ("Agreement”) is a contract between you and the owner and operator ("Owner”) of the WishTheDoctorsm located at www.wishthedoctor.com ("Website”), and applies to your use of content, products, and services available through the Website (collectively, the “Content”). If you do not agree to be bound by the following Terms and Conditions of Use, please do not access or use the Content, and please exit the Website immediately.
You must read, agree with and accept all of the Terms and Conditions contained in this Agreement before you may enter the Website and use the Content.
We may amend this Agreement at any time by posting the amended terms on the Website. Except as stated below, all amended terms shall be effective immediately upon posting on the Website. As used in this Agreement, “you” or “your” will refer to any person or entity accessing the Website and/or using the Content pursuant to the Terms and Conditions of this Agreement (each one a “User”; collectively, “Users”). Unless otherwise stated, “we” or “our” will each refer to Owner.
An Important Message and Disclaimer about Using This Site
The Website includes various materials relating to medical and health care issues, including postings by Users of the Website.
However, we are not medical doctors or health-care professionals, and we are not engaged in the practice of medicine or the offering of medical services. For that reason, it is strongly recommended that you consult appropriate medical doctors of your own choice before you make the decision to use or rely upon the Website and/or the Content made available at the Website so that you will fully understand the risks of doing so. You are solely responsible for your own health care decisions, and you are strongly cautioned to take every available precaution in making such decisions.
Although every effort has been made to ensure the accuracy and completeness of the Content, we assume no responsibility for errors, inaccuracies, omissions, or inconsistencies in the Content, nor do we assume responsibility if you choose to use the approaches described in the Content but do not achieve successful results. The Content is provided without warranties or guarantees of any kind whatsoever, and lia bility for any alleged injury or damage resulting from the use of the Content is hereby expressly disclaimed. Please read all of the Terms of Use for additional important disclaimers and limitations of liability.
The Website is not a “complaint site” and no postings will be accepted if they name a specific doctor, hospital, or other health facility or professional. The Website does not sponsor or endorse goods or services originating with third parties, and no postings will be accepted if they constitute an advertisement or promotion by providers of goods and services. All comments on people, places, products or organizations, and all value judgments expressed in the Content, are statements of opinion only.
By posting to the Website, you are granting permission to Owner for the use of your posting as described in more detail below.
OTHER TERMS AND CONDITIONS
License by User to Owner: In consideration of the opportunity to post your content to the Website ("User Postings”), you grant Owner and its licensees, successors and assigns, the non-exclusive, worldwide, transferable, and royalty-free license to aggregate, adapt, use and generally exploit all and/or any portion of the User Postings in any and all media and languages, in perpetuity and throughout the world. By way of example, Owner shall have the right to adapt and edit the User Postings, transmit and display the User Postings at the Website and/or other websites, transmit the User Postings by email, and publish the User Postings in print, POD, electronic and/or audio book formats of all kinds. You agree to hold indemnify, defend and hold Owner and its licensees, successors and assigns harmless against any claims based on the content of User Postings.
License by Owner to User: In consideration of your agreement to and compliance with the terms and conditions set forth in this Agreement, we grant to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Content (the “Licensed Materials”) according to the Terms and Conditions set forth in this Agreement.
Ownership: Except as otherwise provided below, the Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright and trademark, are the sole and exclusive property of the Owner. By entering the Website and thereby accepting these Terms and Conditions, you do not acquire any ownership interests of any kind in the Licensed Materials, but you are entitled to access them according to the terms of this Agreement.
Permitted Uses:
Text and Images. Some of the content of the Website is configured in a manner that permits you to print it out for your personal use ("Printable Content”). You may print out the Printable Content from the most current version of the Website solely for your personal educational use and for no other purpose whatsoever. No other copies may be made, exhibited and/or transmitted. All printouts of Printable Content must include the copyright, trademark and other notices which appear on the Printable Content. We reserve the right to withdraw permission to print out the Printable Content at any time in our sole and absolute discretion. Except as provided in this Agreement, you may not print out any of the other Content.
Audio and Audiovisual Content. Some of the audio and/or audiovisual content of the Website may be configured in a manner that permits downloading for your personal use ("Downloadable Content”). You may download the Downloadable Content from the most current version of the Website solely for playback of a single copy on your computer only, and/or playback of a single copy on your portable audio or audiovisual player only and solely for your personal educational use and for no other purpose whatsoever. No other copies may be made, exhibited and/or transmitted. We reserve the right to withdraw permission to download the Downloadable Content at any time in its sole and absolute discretion. Except as provided in this Agreement, you may not download any of the Content.
Prohibitions: Except as otherwise expressly provided in this Agreement, you are expressly prohibited from copying, downloading, printing out, transmitting, broadcasting, disseminating, reverse engineering and/or modifying any or all of the Licensed Materials. No part of the Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, websites, discussion forums, Internet domains or online chat rooms. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You are not allowed to sublicense, assign, share, sell, rent, lease or otherwise transfer your right to use the Licensed Materials.
Violations: In the event that you breach any of the Terms and Conditions of this Agreement, the Owner may, in its sole and absolute discretion, terminate this Agreement and your access to the Website, and we reserve the right to seek all remedies available by law and in equity for such breaches.
Trademarks: Except as otherwise indicated below, all trademarks, service marks, trade dress, logos and other source-identifying features of the Website and the Licensed Materials (collectively, “Owner Marks”) are the property of the Owner. You are prohibited from using any of the Owner Marks without the prior written permission of Owner.
Some trademarks belonging to third parties are used on the Website with the permission of the trademark owner.
Some trademarks belonging to third parties are used pursuant to the Fair Use Doctrine for purposes of identification, information, commentary, criticism, instruction and other purposes entitled to protection under the Fair Use Doctrine. No sponsorship or endorsement by, or affiliation with, such trademark owners is claimed or implied by the Owner.
Copyright: With the exception of content in the public domain and/or content belonging to third parties and used under license and/or pursuant to the Fair Use Doctrine, all content of the Website, and the selection, presentation and arrangement of content, are Copyright © 2007 by [Insert legal name of Owner]. All rights reserved. All such copyrights are fully protected under the United States Copyright Act and international copyright law. Except as provided in this Agreement for so long as this Agreement remains in effect, the content on the Website may not be used for any purpose whatsoever without the prior written authority of the Owner.
Notice and Procedure for Making Claims of Copyright Infringement:
The Owner will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA”). Pursuant to DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this site:
Service Provider(s): BLUEHOST.COM
Name of Agent Designated to Receive Notification of Claimed Infringement:
Jonathan Kirsch
Full Address of Designated Agent to Which Notification Should Be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent: (310) 785-1200
Facsimile Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: jk@jonathankirsch.com
To be effective, the notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit the service provider to locate such allegedly infringing material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.
Advertisements: The Website may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, we do not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Website.
Links: The Website may contain links to third-party websites. If so, these links are provided solely as a convenience to you. We are not responsible for the content of any linked third-party websites, and do not make any representations regarding the content or accuracy of any content or materials on such third-party websites. If you access any linked third-party website, you do so at your own risk. Your use of third-party websites is subject to the terms and conditions of use for those sites.
No Warranties: WE PROVIDE THE CONTENT AND LICENSED MATERIALS “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
No Endorsement: We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, information or other statements made through the Website by any party other than the Owner.
Disclaimer of Liability: Other than as required under applicable consumer-protection law, under no circumstance will the Owner be liable for any loss or damage caused by a User's reliance on content obtained through the Website, including but not limited to opinions, advice, information or other content, and/or products and services of third parties mentioned in the Content. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Owner, on behalf of itself and its members, officers, directors, employees, representatives, agents, insurers and attorneys, specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the Website, this Agreement, the Content and/or the Licensed Materials (even if Owner has been advised of the possibility of such damages), including liability associated with any defect in content and/or any viruses which may infect a User's computer equipment.
Linked Internet Sites: We are not responsible for the content available on any other Internet sites linked to the Website. Access to any other Internet sites linked to the Website is at the User's own risk.
Reservation of Rights: We reserve the right to terminate the operation of all or any portion of the Website in our sole and absolute discretion and/or to limit or terminate the User's access to and use of the Website.
We will use reasonable efforts to rectify any errors that occur on the Website but does not guarantee access to the Website in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort.
Subject to the foregoing, we will use reasonable efforts to keep the Website online. The User understands however that scheduled maintenance and problems out of the control of Owner can cause the Website to go down.
Postings: If and when we elects to permit the posting of messages, information and/or other content by Users to the Website ("Postings”), we are under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, we may from time to time monitor the Postings on the Website and may decline to accept and/or remove any Postings that contain any of the following:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially or ethnically biased or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- Messages posted by Users impersonating others.
- Personal information such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Messages that offer unauthorized download of any copyrighted or private information.
- Multiple messages placed within individual folders by the same User restating the same point
- Chain letters of any kind.
- Any other content that Owner, in its sole and absolute discretion, deems to be inappropriate for any reason whatsoever.
Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings, oral or written, are hereby expressly superseded and canceled. This Agreement is governed by the internal substantive laws of the State of California, United States of America, without respect to its conflict-of-laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Los Angeles, California, United States of America. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Questions:
Should you have any questions regarding this Agreement, you may contact the Owner at any time.
Remember that by entering the WishTheDoctorsm website and using its resources, you are agreeing to be bound by the above Terms and Conditions, including the Privacy Policy. If you do not wish to be bound by these Terms and Conditions, please exit the Website immediately.
MESSAGE FOR DOCTORS
Special Invitation to Doctors and Other Healing Professionals:
We invite you to add your thoughts and comments to any posts you find on this site. They will be designated as professional comments. We understand how busy and stressful your work can be and appreciate your dedication. Hopefully our site will support your efforts. MORE »
This site does not provide medical advice. When you find something here you think might be helpful, be sure to talk it over with a trusted, qualified medical advisor. For more details refer to our Legal Disclaimer
This is not a complaint site naming any specific doctor, hospital or health facility. Nor do we post promotions for product sales by any particular company or representative.