Last Updated: 07/06/2018
Welcome to the Site of “My Doctor Reviews,” owned and operated by Vertical Reviews ("we" or "us"), a Delaware company. The following terms and conditions (the "Terms of Service") govern your access to and use of My Doctor Reviews (the "Site"), including any content, functionality and services offered on or through the Site.
FURTHER, THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SITE OR SERVICES.
This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site or registering as a user, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements, and you are agreeing to legally bind yourself to these Terms of Service. If you do not meet all of these requirements or do not wish to be bound by these Terms of Service, you must not access or use the Site.
All tools, features, functionality, resources, subscription-based programs and services made available by us on or through this Site are referred to as the “Services” (and individually as a “Service”) in these Terms of Service.
My Doctor Reviews is a 360-degree review solution dedicated to healthcare professionals, enabling them to collect, manage, and display ratings and reviews voluntarily submitted from actual patients (past and existing) on the Internet. My Doctor Reviews helps doctors and healthcare professionals who subscribe to its Services to increase their online reputation, visibility, and overall client acquisition via genuine patient reviews.
This Site is not a referral service and does not recommend or endorse any particular doctor or healthcare professional, tests, procedures, treatments or opinions, or other information that may appear on the Site or through the Services. Rather, My Doctor Reviews is simply an intermediary that transmits to Health Providers voluntarily-submitted reviews by past or existing patients. We do not offer advice regarding the quality or suitability of any particular doctor or healthcare professional for specific treatments or health conditions. If you rely on any content on this Site, you do so solely at your own risk.
The information and Services made available on this Site are for informational and entertainment purposes only and are not (and should not be used as) a substitute for professional medical advice, treatment or diagnosis. If you think you may have a medical emergency, call your doctor or 911 immediately. Do not disregard, avoid or delay getting medical or health-related advice from your healthcare professional because of something you may have read on this Site or because of a Service that you have used.
Nothing on this Site or available through any Services is intended or should be taken to be the practice of medical or counseling care. For purposes of these Terms of Service, the practice of medical or counseling care includes, without limitation, psychiatry, psychology, medical, nursing, or professional healthcare advice or services, or the practice of medicine, nursing, or professional healthcare, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice. You should confirm all healthcare-related information with your healthcare professionals before making healthcare-related decisions.
Further, your use of this Site and the Services does not create in any way a physician-patient relationship, any sort of confidential, fiduciary or professional relationship, or any special relationship that would give rise to any duties on our part.
Upon your acceptance of these Terms of Service My Doctor Reviews grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Site and the Site Materials, and to copy, download, store and/or print only a single copy of any Site Materials, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. With respect to any permitted copy of the Site Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such Site Materials on any such copy. All rights not expressly granted to you herein are reserved by My Doctor Reviews; there are no implied licenses under these Terms of Service. The license granted to you in these Terms of Service is expressly conditioned on your continued compliance with these Terms of Service. Please note that My Doctor Reviews, in its sole discretion, may change these Terms of Service from time to time and your continued access, use or browsing of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the changed Terms of Service.
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile or registration information, is the sole responsibility of the person from which such User Content originated. This means that you, not My Doctor Reviews, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will My Doctor Reviews be liable in any way for any User Content.
You acknowledge that My Doctor Reviews may or may not pre-screen User Content, but that My Doctor Reviews and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, My Doctor Reviews and its designees shall have the right to remove any User Content that violates these Terms of Service or is otherwise objectionable in My Doctor Reviews’ sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any User Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant My Doctor Reviews an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You further represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to My Doctor Reviews the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission, or transmittal of the User Content or My Doctor Review’s user of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate, or violate a third-party’s intellectual property rights (including but not limited to copyright, trademark, patent, trade secret rights), or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Certain portions of the Site may only be available to registered healthcare professional subscribers. For doctors and healthcare professionals seeking to register for our Services, please contact us at firstname.lastname@example.org for the Subscriber Services User Agreement, which includes, among other things, pricing and billing for these Services at email@example.com. Upon request, you will receive a private web link that will allow you to register as a Subscriber to the Site.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
You are responsible for:
Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them.
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:
In any way that violates any applicable federal, state, local or international law or regulation.
To impersonate or attempt to impersonate us, our employees, another user or any other person or entity or allow another user to use your User ID to access the Site or Services.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Site. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or Service, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attempt to manipulate our Site (or any of the features or functionality of the Site) in an unfair, improper or inappropriate manner, or in a manner that creates an unfair, improper or inappropriate advantage or benefit for you or any other User (all as determined by us in our sole judgment), such as, for example, gaming our system to earn coins, rewards or other benefits; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack. Use this Site for commercial purposes or in any manner that competes with any of the Services of the Site.
Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary rights or notices marked on the Site or Services;
Otherwise attempt to interfere with the proper working of the Site.
You agree that we may take any measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms of Service. You agree that we may take any actions permitted or required by law (including the suspension or termination of your account or your access to the Site and the Services) if we believe, in our sole discretion, that you are engaging in activities that (i) violate these provisions (or other terms in these Terms of Service), (ii) could expose us or our vendors or business partners to liability, or (iii) could harm our business reputation.
You may not use contact information provided by our users or healthcare professionals, 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 immediately terminate your registration or access to the Services and take other legal action if you or anyone using your User ID violates these provisions.
The Site and the Services, and their content, are provided solely for your personal, noncommercial use in accordance with these Terms of Service. You agree that the Site and Services (and all content contained therein), as well as the underlying software, systems and other proprietary technology and methodologies (collectively, "My Doctor Reviews Property"), are protected by intellectual property and other laws, and are the property of My Doctor Reviews and/or its licensors. You may not, and you agree you will not, modify, copy, reproduce, prepare derivative works from, license, sell, rent, transfer, translate, redistribute, transmit, republish, reverse engineer, decompile, or disassemble any My Doctor Reviews Property in any way without the prior written permission of My Doctor Reviews and any applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any My Doctor Reviews Property. All rights not expressly granted herein are reserved to My Doctor Reviews and its licensors.
We may make available to you the ability to post, submit, email or otherwise make available on the Site or the Services (including via email to us) information, text or materials ("Your Materials"). You are entirely responsible for Your Materials, and you represent and warrant that Your Materials do not include confidential or proprietary information or violate any other party's intellectual property rights. As between you and us, you retain ownership and any intellectual property rights in any materials that are contained in Your Materials, subject to the non-exclusive rights that you grant to us in the Terms of Service. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, transferrable, sublicensable, worldwide license to use, reproduce, modify, transmit, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit, Your Materials in any form, technology or media now known or hereafter developed. You hereby waive any moral rights you may have in Your Materials under the laws of any jurisdiction. You agree we may exercise any of these rights without compensation or attribution to you.
All names, logos, product and service names, designs and slogans on this Site are the trademarks of My Doctor Reviews and/or their respective owners. No affiliation or endorsement is intended or implied. You must not use such marks without our prior written permission.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site as a visitor or registered user following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you. If you object to any provision of these Terms or any subsequent modification, or become dissatisfied with the Site in any way, your sole recourse is to immediately terminate your use of the Site.
Without limiting other remedies, My Doctor Reviews may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, My Doctor Reviews may notify authorities or take any actions it deems appropriate, without notice to you, if My Doctor Reviews suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by My Doctor Reviews; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, My Doctor Reviews users, My Doctor Reviews or any other third parties or the Site or Services.
Without limiting any other terms of these Terms and Service, you may stop using the Site and Services at any time. You may terminate your registration or these Terms of Service at any time, but you will not receive a refund of any fees paid to My Doctor Reviews. Your right to use the Services will end once your registration or these Terms of Service are terminated (for any reason), and any data you have stored on a Service may be unavailable after that.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all rights granted to you by these Terms of Service will immediately cease. My Doctor Reviews will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION BY MY DOCTOR REVIEW, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER. HOWEVER, REGARDLESS OF THE BASIS FOR TERMINATION, ANY PATIENT REVIEWS SUBMITTED DURING THE COURSE OF YOUR SUBSCRIPTION WILL REVERT TO YOU AND WILL NO LONGER BE PRORIETARY TO MY DOCTOR REVIEWS. AT TERMINATION, MY DOCTOR REVIEWS DISCLAIMS ANY OWNERSHIP OR INTEREST IN YOUR PATIENT REVIEWS.
Any suspension, termination or cancellation will not affect your obligations to My Doctor Reviews under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites. We are not responsible nor liable to You or any third party for the content or accuracy of materials provided by any third parties.
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service, the Subscription Services User Agreement, or your use of the Site, including, but not limited to, any use of the Site other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site. You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder. In any litigation, you will cooperate with us in asserting any available defenses.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SUBSCRIPTION SERVICES USER AGREEMENT, OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
PLEASE READ THIS SECTION CAREFULLY – IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.
Initial Dispute Resolution. We would like to try to work disputes out with you informally. Before filing a claim against My Doctor Reviews, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or My Doctor Reviews may bring a formal arbitration proceeding as described below.
Agreement to Arbitrate. You and My Doctor Reviews agree to resolve through final and binding arbitration any claims relating to these Terms of Service, the Site, the Services, and any rewards or incentives offered on or through the Site, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in the state in which you reside. For residents outside the United States, arbitration shall be initiated in Washington, DC, and you and My Doctor Review agree to submit to the personal jurisdiction of any or state or federal court in Washington, DC to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the aware entered by the arbitrator.
Arbitration and Attorneys’ Fees. You are responsible for all costs that you may incur in the arbitration including, but not limited to filing fees, attorneys’ fees, and expert witness costs unless My Doctor Reviews is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on My Doctor Reviews and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. My Doctor Reviews and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Notwithstanding the foregoing, My Doctor Reviews and you agree not to seek any attorneys' fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. My Doctor Reviews and you understand that, absent this mandatory arbitration provision, My Doctor Reviews and you would have the right to sue in court and have a jury trial. My Doctor Reviews and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If My Doctor Reviews is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to My Doctor Reviews.
Severability; Waiver of Jury Trial. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, My Doctor Reviews and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of My Doctor Reviews to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
Opt-Out of Agreement to Arbitrate. You have the right to opt-out and not be bound by the arbitration by sending written notice of your decision to opt-out to the following address:
VERTICAL REVIEWS LLC
13727 SW 152ND ST, STE 763
MIAMI, FL 33177
The notice must be sent within 30 days of or your first acceptance of these Terms of Service use of the Site; otherwise, you shall be bound to arbitrate disputes in accordance with the terms above. If you opt-out of these arbitration provisions, we will also not be bound by them.
No Class Actions
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MY DOCTOR REVIEWS AND THE MY DOCTOR REVIEWS RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF SERVICE. OTHERWISE, YOU ARE NOT AUTHORIZED TO USE THIS SITE IN ANY WAY.
In the event that the agreement to arbitration is found not to apply to you or your claim, you and My Doctor Reviews agree that any judicial proceeding will be brought in the federal or state courts located in Miami-Dade, Florida. Both you and My Doctor Reviews consent to venue and personal jurisdiction there.
You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You otherwise agree that the law of the State of Delaware governs these Terms of Service and any claim or dispute that you may have against us, without regard to Delaware's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
No waiver by us of any term or condition set forth in these Terms of Service or in the Subscription Services User Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service or in the Subscription Services User Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
These Terms of Service, and any supplemental terms, policies, rules and guidelines posted on the Site and the Services, in addition to the Subscription Services User Agreement, constitute the entire agreement between you and us and supersede all previous written or oral agreements. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect.
We may assign this agreement through your acceptance of these Terms of Service or the Subscription Services User Agreement at any time, including, without limitation, 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 the limited license or any other rights granted to you under these Terms of Service or Subscription Services User Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
See 17 U.S.C. § 512 for more information.
Our agent for notice of copyright infringement can be reached as follows:
By Mail: Vertical Reviews, ATTN: Legal Department 13727 SW 152ND ST, STE 763 MIAMI, FL 33177
By Email: email@example.com
All subject lines should read: “DMCA Notice.”
This contact information is only for reporting copyright infringement. Please see the Contact us section for contact information for other topics.
For questions regarding this Terms of Service, you may contact us by using the information below.
VERTICAL REVIEWS LLC
13727 SW 152ND ST, STE 763
MIAMI, FL 33177
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: firstname.lastname@example.org.
You acknowledge and agree that all Feedback will be the sole and exclusive property of My Doctor Reviews and you hereby irrevocably assign to My Doctor Reviews and agree to irrevocably assign to My Doctor Reviews all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
Thank you for visiting the Site.
CALL (800) 796-3770