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Terms and Conditions of Use

Welcome to DoctorsHelpDoctors.com!

OVERVIEW

Following are the Terms and Conditions under which DOCTORSHELPDOCTORS.COM (referred to herein as "DoctorsHelpDoctors," "we," "us," or "the site") requires you to operate in order to use our services.  DoctorsHelpDoctors offers the use of this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

DoctorsHelpDoctors reserves the right to update these Terms and Conditions ("Terms of Service," "Terms") at any time.  Updates are considered effective immediately upon posting.  It is your responsibility as an account holder to review the Terms and Conditions regularly and follow any changes as they take effect.  These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  Any new features or tools which are added to the current store shall also be subject to the Terms of Service.  You can review the most current Terms at any time on this page.  Your continued use of or access to the site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

These Terms govern access of anyone who accesses and/or uses our services, whether in the capacity of a Buyer, Seller, Publisher, Vendor (collectively, "Members"), or Visitor, including the finding, buying, posting, selling and sharing of the products and services offered on the site.  Portions of the DoctorsHelpDoctors service are publicly available to all visitors of the site for free.  Other portions of the Service are available only to registered Members and/or Members who pay for our subscription services.  By using the DoctorsHelpDoctors service in any manner, you acknowledge and agree to the terms stated in this agreement.  These Terms apply to both visitors and registered Members.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services and possible legal action.

SECTION 1A - FEES

Visitors who wish to sell their content through DoctorsHelpDoctors must join the site.  There is no membership fee for Sellers of DoctorsHelpDoctors.  By signing up as a Seller you acknowledge that there will be service charges on all sales made through the site, as set forth in greater detail in Section 1C below.

Visitors who wish to purchase content through the Service must also join DoctorsHelpDoctors as a Member.  Buyers pay no membership fee to DoctorsHelpDoctors.  

Sellers may charge shipping, handling and/or processing fees for physical materials sold on the site.  Sellers agree that the sale of Virtual Goods such as documents, forms, images or anything that may be delivered electronically to the customer shall be sold with no fees for shipping, handling and/or processing.

SECTION 1B - PRICING OF CONTENT

Sellers are solely responsible for setting prices for the sale of their content distributed through the site, including for both electronic and physical materials.  Sellers are obligated to sell their content at the prices listed on the site.

SECTION 1C - AGREEMENT OF SELLER TO PAY SERVICE FEES AND TO UPLOAD CONTENT

Seller agrees to pay DoctorsHelpDoctors a service fee for all content that is sold to buyers through the site.  DoctorsHelpDoctors charges a flat service fee equal to 40% of the sale price of each item sold using our service.

For each transaction, DoctorsHelpDoctors will collect the payment from the buyer; then, after deducting service fees from the sale price, remaining amounts will be distributed to Sellers on a monthly basis as follows: (a) DoctorsHelpDoctors will collect payment from Buyers at the time of purchase through the Service, (b) DoctorsHelpDoctors will notify the Seller by email of the sale once payment has been verified and collected from the Buyer, (c) In the case of physical content, DoctorsHelpDoctors will provide the Seller with the Buyer's shipping address and any other information required for the Seller to fulfill the order, and (d) provided you are in compliance with these terms, on a monthly basis, DoctorsHelpDoctors will distribute the monies to Sellers for the sale of your content, in accordance with this Section 1C.  If you are in breach of these Terms, for example due to violation of the conduct provisions in Section XXX hereto, DoctorsHelpDoctors reserves the right according to its sole discretion to withhold any funds that would otherwise be due to you under these terms, and either keep those funds permanently or refund them to the buyers who purchased content from you.  All monies due to Sellers pursuant to this Section 1C will be paid to such sellers as close to 21 days following the last day of the month in which an item of your content is sold.  DoctorsHelpDoctors reserves the right to delay payment.  Monthly payments will be made through PayPal for all Sellers.  DoctorsHelpDoctors reserves the right to add, remove or otherwise alter the payment processors used by the Service.  If a Seller cannot acquire an account with PayPal, we may consider an alternative form of payment on a case-by-case basis.  We make no representation regarding the services provided by PayPal, and are not responsible for delays in payment caused by them.  DoctorsHelpDoctors will charge a fee for making each Monthly Payout that is equal but not more than the cost to DoctorsHelpDoctors from PayPal for making the payout.  This fee is subject to change at the discretion of PayPal, and will be taken directly out of the Monthly Payout.  You agree that upon notification of a sale of content, you will promptly ship relevent physical material sold by you through the service, in accordance with any representations made by you on the service and/or in connection with such content; including, for example, with respect to the pricing and shipping of such content, and in any event in accordance with all applicable state and federal laws, rules, regulations, and/or industry standards.  Sellers are not authorized by the service to ship to any address other than that which is provided to it by DoctorsHelpDoctors.

SECTION 1D - ADDITIONAL AGREEMENTS AND OBLIGATIONS OF SELLERS

By listing an item for sale, or uploading it to the Service, the Seller represents and warrants to prospective Buyers that Seller has the right and ability to sell and to ship, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. Seller further represents and warrants that the content, and use of the same will not infringe any right – including, but not limited to the copyright or trademark right – of any third party.

If you are a Seller of digital content, you agree to make at least one sample of such digital content available to Buyers at no charge at all times when you are offering digital content for sale via the Service. When selling digital content, you agree that the entire product being sold must be contained within the download offered, and that no part of such digital content will be delivered separately or require an additional purchase, for example via a third-party website or other channel.

Additionally, unless otherwise authorized, Sellers agree not to – and agree to cause their affiliates, agents, employees and contractors not to – use or disclose to any third party any order information, or other data or information regarding Buyers or any other users of the Service, which is obtained through the Service or disclosed to Sellers by DoctorsHelpDoctors in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under this Agreement (including, without limitation, for purposes of solicitation, advertising, direct marketing, harassment, invasion of privacy, or any other objectionable conduct).

SECTION 1E – AGREEMENT OF BUYERS TO PAY FOR PURCHASES

When Buyer purchases content, the content will be delivered to the buyer via email link.  DoctorsHelpDoctors cannot guarantee that content sold on the site will be available indefinitely.  It is the responsibility of the Buyer to backup any digital materials, as DoctorsHelpDoctors cannot guarantee that access may be restored to previous purchases, or that copies can be provided of purchased materials which have been removed from our service.

Buyer agrees not to share purchases with colleagues unless Buyer has purchased additional licenses of the content.  Buyer agrees not to post purchased or freely downloaded content, or any content available on DoctorsHelpDoctors, on the Internet or to in any way send or make available the content to the public or another individual.

Buyer agrees to pay in full for all content purchased through the service, and that DoctorsHelpDoctors may charge your PayPal for any content purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and fees, as applicable) as may be accrued to or in connection with your Member Account.

Buyer is responsible for timely payment of all sales prices and fees.  Buyer is responsible for providing DoctorsHelpDoctors with valid PayPal account information for payment of any fees or charges incurred by using and/or purchasing via the service.

SECTION 1F – ELECTRONIC SIGNATURES AND CONTRACTS

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES.  YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

SECTION 1G - LIMITATIONS

Your direct interactions (if any) with other visitors to or Members of the Service, including the purchase of, sale of, payment for, and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that DoctorsHelpDoctors is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Seller or Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other visitor’s or Member’s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR VISITOR OF THE SERVICE), DOCTORSHELPDOCTORS IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE DOCTORSHELPDOCTORS FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes that might apply to any sales you make in connection with Service.

SECTION 1H – REFUND POLICY

All physical and digital product sales are final, and no refunds are available.

DoctorsHelpDoctors may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: (a) a digital file is defective; (b) a product description is materially deceptive or misleading; or (c) a physical item has not been shipped within two weeks of an order being placed. If such an exception is made, DoctorsHelpDoctors may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.

It is the Buyer’s responsibility to determine that they have the appropriate hardware/software to make use of digital files, that the file format is appropriate for their needs, and that the content they are purchasing is legal and non-infringing. No refunds are available in these cases. Products removed from the Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.

If DOCTORSHELPDOCTORS elects to issue a refund to a Buyer, the amount refunded will be deducted from the Seller’s next Monthly Payout, provided however that if the Seller’s next Monthly Payout is less than the refund amount(s), DOCTORSHELPDOCTORS may charge such refund amount(s) to the seller’s credit card, PayPal account, or other payment processor account.

SECTION 2 – TRANSFER OF TITLE

DOCTORSHELPDOCTORS does not transfer legal title or ownership of items from the Sellers to the Buyers, and nothing in this Agreement shall modify the applicable provisions of Uniform Commercial Code 2-401(2) and Tennessee Code Ann. § 47-2-401(2), which provide that, unless otherwise explicitly agreed between a seller and a buyer, legal title to a purchased item transfers to the buyer upon physical delivery of the item to the buyer from the seller. Accordingly, unless a Buyer and Seller agree otherwise, legal ownership to any item of content passes to the Buyer upon the physical delivery of such item of Content from the Seller to the Buyer.

SECTION 2A – LICENSE GRANTS BY SELLERS TO DOCTORSHELPDOCTORS

When Seller submits or uploads content on or through the Service, Seller retains ownership of any copyright claim to submitted content. However, by making your content available through the Service you automatically grant DOCTORSHELPDOCTORS a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, trademark rights, publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Content available through the Service.  IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR CONTENT FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH CONTENT, HOWEVER DOCTORSHELPDOCTORS’ LICENSE TO MAKE CONTENT YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAILABLE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.

SECTION 2B – SELLER REPRESENTATIONS AND WARRANTIES; LICENSES TO OTHER USERS

When Seller submits or uploads content (including without limitation Content) on or through the Service, Seller represents and warrants that (a) Seller has all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated herein; (b) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) Seller has the consent, release, and/or permission of each identifiable person depicted in the content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service. Seller retains ownership of any rights – including, but not limited to, copyrights and trademark rights – they claim to their submitted content. As such Seller controls the copyright licenses granted to a Buyer and it is Sellers responsibility to give notice to Buyers of the terms under which you offer your Content to such Buyers. DOCTORSHELPDOCTORS may, in its sole discretion, provide a means for Sellers to offer multiple licenses. Nothing in the Service or in these Terms limits the existing rights of Teacher-Buyers under the Copyright Act. Seller may wish to consider applying one of the copyright licenses made available through Creative Commons to their Content. (You can find out more about these licenses at the Creative Commons website located at www.creativecommons.org.).

 

SECTION 3 – REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are at least 18 years of age and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Member Data”) and (b) maintain and promptly update the Member Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if DOCTORSHELPDOCTORS has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, DOCTORSHELPDOCTORS has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.

 

SECTION 4 – MEMBER AND VISITOR CONDUCT

As a condition of using the Service, Members and visitors agree to all of the following:

You must be a registered Member to buy or sell Content through the Service.

You are required to select a member identification (“Username”) and password. You are responsible for maintaining the confidentiality of your Username and password. You should not disclose your password to anyone.

You are responsible for all activity that occurs under your Username.

You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your Username.

You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.

Further, while using the Service, Members and visitors agree not to:

upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;

transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;

violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);

use the Service for any illegal or unauthorized purpose;

impersonate any person or entity, including without limitation, a DOCTORSHELPDOCTORS employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;

transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;

transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;

sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or market-restricted materials);

manipulate the price of any item or interfere with other Members’ listings;

include hyperlinks, in products for sale on DOCTORSHELPDOCTORS, to the website of any other platform or service offering or facilitating the sale of materials or other products.

advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or in any manner that otherwise negatively affects Members’ and visitors’ ability to use the Service;

employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;

attempt to gain unauthorized access to DOCTORSHELPDOCTORS’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;

attempt to regain access to DOCTORSHELPDOCTORS following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username;

“stalk” or otherwise harass anyone on or through the Service;

collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or

use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved,” and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.

 

SECTION 5 – INAPPROPRIATE USER-SUBMITTED CONTENT

DOCTORSHELPDOCTORS prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) DOCTORSHELPDOCTORS is not and cannot be responsible for any content, information, or materials posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, DOCTORSHELPDOCTORS has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in DOCTORSHELPDOCTORS’ sole discretion.

 

SECTION 6 – LINKS TO OTHER SITES AND RESOURCES

The Service contains links to other websites or resources. DOCTORSHELPDOCTORS has no control over such external sites and resources. You agree that (i) DOCTORSHELPDOCTORS is not responsible for the availability or accuracy of such external sites and resources, and (ii) DOCTORSHELPDOCTORS does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

 

SECTION 7 – COPYRIGHT POLICY

We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws, and is available at www.DoctorsHelpDoctors.com/Copyright-Policy. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.

SECTION 8 – PRIVACY POLICY

We take the privacy of our users’ and Members’ information very seriously. Our Privacy Policy is available at www.DoctorsHelpDoctors.com/Privacy-Policy. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.

 

SECTION 9 - INDEMNITY

By accepting this Agreement, you agree to indemnify and hold DOCTORSHELPDOCTORS and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to (i) any product, content, information, or materials that you submit, sell, purchase, post, transmit, provide, or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

 

SECTION 12 – WARRANTY DISCLAIMERS

YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY DOCTORSHELPDOCTORS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DOCTORSHELPDOCTORS, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DOCTORSHELPDOCTORS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. DOCTORSHELPDOCTORS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER’S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. DOCTORSHELPDOCTORS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DOCTORSHELPDOCTORS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY SELLERS OR BUYERS). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, DOCTORSHELPDOCTORS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.

 

SECTION 11 – LIMITATION OF LIABILITY

YOU AGREE THAT DOCTORSHELPDOCTORS, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. DOCTORSHELPDOCTORS’ LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO DOCTORSHELPDOCTORS DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “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.” FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.

 

SECTION 12 – TERMINATION

We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

 

SECTION 13 – MISCELLANEOUS PROVISIONS

Ownership of Site - With the exception of the Seller-submitted Content; this site, the Service, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code therein (collectively, the “DOCTORSHELPDOCTORS Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to DOCTORSHELPDOCTORS, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no DOCTORSHELPDOCTORS Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without DOCTORSHELPDOCTORS’s express prior written consent.

Entire Agreement - The Terms of Service, including DOCTORSHELPDOCTORS’ Copyright Policy and Privacy Policy, which are incorporated by reference above, constitute the entire agreement between you and DOCTORSHELPDOCTORS and governs your use of the Service.

No Agency - DOCTORSHELPDOCTORS is not the agent or representative of any site users (including, without limitation, any Sellers or Buyers), nor does it operate under their authority for any purpose. DOCTORSHELPDOCTORS is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.

Governing and Applicable Law - The Terms of Service will be governed by and construed in accordance with the laws of the State of Tennessee, in the United States of America, without regard to its conflict of law provisions. The Service is operated by The Tiger Institute of Cooperative Learning, LLC from its offices in Tennessee, in the United States of America. DOCTORSHELPDOCTORS makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from www.DoctorsHelpDoctors.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Dispute Resolution - Any dispute arising out of or relating to these terms or the Service shall be submitted exclusively to confidential binding arbitration in Nashville, TN, except that to the extent you have in any manner violated or threatened to violate DOCTORSHELPDOCTORS’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Tennessee. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any dispute or controversy arising out of or related to the subject matter of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other available remedy, all reasonable costs, including without limitation court costs, attorneys’ fees, and other expenses incurred in such proceeding.

Waiver and Severability - The failure of DOCTORSHELPDOCTORS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.

Notices – DOCTORSHELPDOCTORS may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.

Changes and Amendments - DOCTORSHELPDOCTORS may change or amend these Terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

Future Changes in the Service - DOCTORSHELPDOCTORS reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. DOCTORSHELPDOCTORS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Assignment - DOCTORSHELPDOCTORS may assign this agreement to any successor or purchaser of DOCTORSHELPDOCTORS or all or substantially all of its assets.

Headings - Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.

Trademarks – The Tiger Institute for Cooperative Learning, LLC, the Tiger Institute for Cooperative Learning logo, DOCTORSHELPDOCTORS, the DOCTORSHELPDOCTORS logo, and other DOCTORSHELPDOCTORS logos and names are trademarks of The Tiger Institute of Cooperative Learning, LLC. You agree not to display or use these trademarks in any manner without prior, written consent of The Tiger Institute of Cooperative Learning, LLC.

Contact Information - Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to support@DoctorsHelpDoctors.com.

Updated 9/12/2014