Terms of Use

These Terms of Use were last updated on September 1, 2011.

Welcome to MyDoctorCalls.com!

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

By using http//www.MyDoctorCalls.com (this "Site"), you agree to be bound by these Terms of Use (the "Terms of Use"), whether or not you have a registered account, and you agree that you are at least 18 years of age and eligible to use this Site. If you do not accept these Terms of Use, you should not use this Site and, if applicable, you should cancel your account with us.

Unless otherwise indicated, these Terms of Use set forth the agreement between ViziCall, LLC and its successors and assigns ("MyDoctorCalls", "us", "we" or "our") and each user ("you" or "user") governing the use by you of this Site and any other web site that we may own or operate currently or in the future. This Site is a wholly-owned property of MyDoctorCalls. These Terms of Use do not apply to the web sites of any other person or entity.

REVISIONS TO THESE TERMS OF USE.

These Terms of Use may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by legal notices or terms located on particular pages of this Site. If you do not accept such revisions to these Terms of Use, you should not use this Site and, if applicable, you should cancel your account with us.

INFORMATION AND SPECIFICATIONS.

All information, features, Content (as defined below under "Use of this Site; Content"), specifications, services, products and/or pricing of products and services described or depicted on this Site are subject to change at any time without notice. The inclusion of any products or services at any particular time does not imply or warrant that these products or services will be available at any given time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the services listed or purchased from this Site.

ACCURACY OF INFORMATION.

This Site may contain information or advertising from users of the Site and other third-parties and MyDoctorCalls does NOT make any attempt to ensure that any information on this Site provided to MyDoctorCalls by such third-parties is complete, accurate and/or current. MyDoctorCalls hereby disclaims any responsibility for the information listed in any postings or advertisements by third parties in accordance with these Terms of Use, including but not limited to, the "Disclaimers" section of these Terms of Use below. Please be advised that as a result, it is possible that the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation or warranty to you regarding the correctness, completeness or accuracy of any information or advertisements contained on this Site.

In the event any litigation is threatened or commenced by you, due to your actions and/or on your behalf by any third-party and/or legal representative, then you hereby agree to: (1) waive any and all claims against MyDoctorCalls relating to any claims identified in these Terms of Use; and (2) agree to indemnify and hold MyDoctorCalls harmless from any and all claims in law or equity relating to same (including, but not limited to reasonable attorney’s fees) in the manner set forth in the "Indemnity" section of these Terms of Use.

USER INFORMATION.

A full description of the manner in which we handle user information is available on this website under the link for the Privacy Policy which is hereby incorporated by reference herein. Other than personally identifiable information, which is subject to this Site’s Privacy Policy, any material, articles, information, text, files, software, graphics, music, photos, audio, video, messages, feedback, notes, suggestions, ideas, concepts, know-how, techniques, questions, comments, communications or other materials you transmit or post to this Site in any manner ("User Content") is and will be considered non-confidential and non-proprietary. Moreover, by posting such User Content, you hereby irrevocably and permanently transfer any and all intellectual property rights, including, but not limited to copyrights, patents, trade secrets, proprietary rights and/or trademarks, to MyDoctorCalls. We and our respective affiliates and our or their designees may also use any User Content posted by you for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We do not monitor or review any User Content, but reserve the right to delete any User Content for any reason whatsoever. We will have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. If any User Content is downloaded to your computer, you do not obtain any ownership interest in such User Content.

Please keep in mind that all community areas of this Site are public, and all communications by you therein are public and not private. We reserve the right, but shall not be required, to monitor any portion of this Site for any purpose we deem appropriate. You acknowledge that by providing you with the ability to post User Content in any community area, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any User Content posted by our members or any activities that take place on our Site or off of our Site. We do not endorse any posting made by our members on this Site. Although we have the right to do so, we have no obligation to review any User Content posted to our Site or to delete any such User Content in the event that you find such User Content objectionable or offensive. We are not responsible for maintaining a copy of any User Content we remove from our Site, and we are not liable for any loss you incur in the event that User Content you post or transmit to our Site is been removed for any reason.

USE OF THIS SITE; CONTENT.

The design of this Site and all content, material, articles, information, text, files, software, graphics, music, photos, audio, video, messages, feedback, notes, suggestions, ideas, concepts, know-how, techniques, questions, comments and communications (including all User Content) and other material displayed on or that can be downloaded from this Site (the "Content") are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written consent of the owner of such intellectual property rights. The text, software, information and/or other technology components of this Site are the intellectual property of MyDoctorCalls and/or its licensors, to which all rights are hereby reserved. You may not modify the information or materials which are displayed on this Site or which can be downloaded from this Site. All such information may not, in any way be reproduced, publicly displayed, performed, distributed or otherwise used in any manner for any purpose, without the prior written consent of MyDoctorCalls. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, patent laws, laws of privacy and publicity, and other laws and regulations.

RESTRICTIONS ON USE.

This Site is for the personal use by our users and members only and may not be used in connection with any other commercial endeavors. Illegal and/or unauthorized use of this Site, including collecting usernames and/or email addresses of users or members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to this Site will be investigated, and may result in the termination or cancellation of your access to, or use of, this Site. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Legal action may be taken by us for any illegal or unauthorized use of this Site.

The following is a partial list of the kind of Content that is illegal or prohibited on this Site. We reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, removing the offending Content from this Site and terminating the membership of such violators. Prohibited Content includes Content that:

1. Is unlawful, defamatory, libelous, offensive, abusive, tortuous, pornographic, profane, obscene, invasive, threatening, or promotes racism, bigotry, hatred, physical harm, or harassment of any kind against any group or individual or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law, in each case as determined by MyDoctorCalls in its sole discretion.
2. Fails to respect the rights, feelings and expressions of other members or users.
3. Involves the transmission of "junk mail", "chain letters", "pyramid schemes", "spam", or any other form of unsolicited mass mailing, or involves self-promotion and commercial solicitation.
4. Promotes an illegal or unauthorized use of another person’s copyrighted work, patent, trade secret, or infringes upon the right of privacy or other proprietary right of any person, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed, copy-protect devices, or providing pirated music or links to pirated music files.
5. Contains any material that you do not have a right to transmit either by law, or under a contractual or fiduciary agreement.
6. Provides instructional information about illegal activities such as making or buying illegal weapons, or transmitting, providing or creating computer viruses.
7. Solicits passwords or personal identifying information for commercial or unlawful purposes from other members.
8. Is in any way harmful to minors.
9. Diverts users to another web site or prohibited diversion of traffic to another web site.
10. Attempts to manipulate this Site in any way, including by way of repeated posting to falsely position a thread, or otherwise disrupts the function of this Site, including any automated use of this Site, such as using scripts to add friends.
11. Attempts to cover or obscure banner advertisements on your public profile page, or any Site page using HTML/CSS or any other means.
12. Falsely states or misrepresents your identity or your affiliation with this Site, MyDoctorCalls, our affiliates or any other person or entity.
13. Otherwise does not exhibit maturity, self-restraint, and respect for others at all times, including moderation in posting in our community.
14. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
15. Is in violation of any applicable local, state, federal or international law.

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related Content from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such Content.

You may not use this Site, or solicit other members or users of this Site, in connection with any fundraising activity, even if such fundraising is for charitable purposes. We have enacted this policy in an attempt to protect our members and users from fraudulent fundraising activity and solicitations that seek to exploit the goodwill of our Site and its users.

Although we cannot monitor the conduct of our users off of this Site, it is a violation of these Terms of Use to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member or user, without their prior explicit consent. In order to protect our members and users from such advertising or solicitation, we reserve the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number that we deem appropriate in our sole discretion.

You may not use the account, username, or password of another member at any time nor may you disclose your password to any third party or permit any third party to access your account.

You may not sell or otherwise transfer your profile.

COPYRIGHTS AND TRADEMARKS.

Certain copyrightable materials, trademarks, trade names, service marks and logos used or displayed on this Site are registered or unregistered copyrightable materials, trademarks, trade names and/or service marks of MyDoctorCalls and/or its affiliates. Other copyrightable materials, trademarks, trade names and service marks used or displayed on this Site are the property of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyrightable materials, trademarks, trade names, service marks or logos displayed on this Site without the prior written permission of MyDoctorCalls.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We reserve the right to terminate membership privileges of any user who we believe infringes upon the intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe that your work has been posted on this Site in a way that constitutes copyright infringement, please provide our Copyright Agent (described below) with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on this Site; (d) your name, mailing address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this Site should be sent to our Copyright Agent at .

LINKING TO THIS SITE.

Creating or maintaining any link from another web site to any page on this Site without the prior written permission of MyDoctorCalls is strictly prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another web site without the prior written permission of MyDoctorCalls is also strictly prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.

THIRD PARTY LINKS.

From time to time, this Site may contain links to web sites that are not owned, operated or controlled by MyDoctorCalls or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Site, you do so entirely at your own risk.

DISCLAIMERS.

THIS SITE AND THE SERVICES PROVIDED ARE PROVIDED "AS-IS" AND WE EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR SITE AND/OR ANY SERVICE WE PROVIDE.

NEITHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF OURS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ARE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMPUTER EQUIPMENT, SOFTWARE, OR ANY FAILURE OF THIS SITE OR ANY FUNCTION CONTAINED IN THIS SITE, AND WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ARE USING THIS SITE AND ANY SERVICES DESCRIBED ON THIS SITE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY TO YOU OR YOUR PERSONAL COMPUTER RELATED TO OR RESULTING FROM USE OF THIS SITE OR FROM DOWNLOADING ANY MATERIALS OR CONTENT FROM THIS SITE.

WE MAKE NO WARRANTIES OR ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES, CONTENT AND MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SERVICE PROVIDER, USER OR MEMBER OF THIS SITE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

LIMITATIONS OF LIABILITY.

MyDoctorCalls DOES NOT assume any responsibility, and will NOT be liable for any damages to your computer, or any viruses that may infect your computer, telecommunication equipment, or other property which are caused by or arise from your access to, use of, or browsing of, this Site, nor from your downloading of any information or materials from this Site. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL MYDOCTORCALLS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, EQUITY HOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTES; CHOICE OF LAW; JURISDICTION.

These Terms of Use supersede any other agreement between you and MyDoctorCalls to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site will be subject to the exclusive jurisdiction and venue of the federal or state courts located in the City, County and State of New York. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In any action relating to the use of this Site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with such action, including but not limited to, its costs and reasonable attorney’s fees.

TERMINATION.

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

INDEMNITY.

You agree to indemnify and hold MyDoctorCalls, our parents, affiliates (and their franchisees and licensees), and subsidiaries, and their respective officers, directors, equity holders, employees, agents, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by you and/or any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Use, or your violation of any rights of another party. This indemnity survives termination of these Terms of Use.

DOMESTIC USE; EXPORT RESTRICTION.

We control this Site from our offices within the United States of America. We make no representation that this Site or its Content (including, without limitation, any products or services available on or through this Site) are appropriate or available for use in other locations. Users who access this Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No Content from this Site may be downloaded in violation of United States law.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the services provided by MyDoctorCalls require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Upon registration you will select a username and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MyDoctorCalls immediately of any unauthorized use of your account or any other breach of security. MyDoctorCalls will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MyDoctorCalls or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

If you are a registered user with MyDoctorCalls, MyDoctorCalls may send you e-mails with promotional offers. If you would no longer like to receive e-mailed special event information, daily tips or other messages from MyDoctorCalls, please click the bottom of the e-mail you received and follow the "click here to opt out" instructions. Your e-mail address will be removed from our marketing list. If you still run into problems, please contact us at and/or 800-483-9190.

Upon request, we will (a) remove you and your personal information from our database, thereby canceling your registration, (b) correct personal information that you state is erroneous, (c) manage your promotional e-mail preferences for you, and/or (d) manage your preferences for sharing personally identifying information for you. Please direct your inquiry to: MyDoctorCalls, 1375 Broadway, 6th Floor, New York, NY 10018, Attn: Privacy Manager or e-mail us at . Please feel free to call us toll-free at 800-483-9190.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of this Site, you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use or any other notices. You may not use this Site in any manner that could damage, disable, overburden, or impair any MyDoctorCalls server, or the network(s) connected to any MyDoctorCalls server, or interfere with any other party’s use and enjoyment of this Site. You may not attempt to gain unauthorized access to this Site, other accounts, computer systems or networks connected to any MyDoctorCalls server or to any of this Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

MISCELLANEOUS.

The waiver by either party of any default or breach of these Terms of Use shall not constitute a waiver of any other or subsequent default or breach. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use or other claim in law or equity you may have against MyDoctorCalls and/or its affiliates, officers, directors, members, employees and/or agents must be filed within one (1) year after such claim or cause of action accrues, or be forever waived and barred. These Terms of Use constitute the entire agreement between MyDoctorCalls and you with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, proposals, understandings and representations, written or oral, with respect to the terms and conditions hereof. All references herein in the singular shall be construed to include the plural, and the masculine, and the masculine to include the feminine or neutral gender, where applicable, and where the context shall require. Section headings are for convenience of reference only and shall not be construed as part of this Agreement nor shall they limit or define the meaning of any provision herein. No agency, joint venture, or partnership is created by these Terms of Use, and that neither party shall incur any obligation in the name of the other without the other’s prior written consent. In the event that any one or more of the provisions of these Terms of Use shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of these Terms of Use shall not be affected, or if any one or more of the provisions contained in these Terms of Use shall be held to be excessively broad as to duration, activity or subject, such provisions shall be construed by limiting and reducing such provisions so as to be enforceable to the maximum extent compatible with applicable law. Any provision of these Terms of Use, which by its context is intended to apply after termination of these Terms of Use, shall survive its termination.

Questions?

If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact us at MyDoctorCalls, 1375 Broadway, 6th Floor, New York, NY 10018, Attn: Privacy Manager or e-mail us at . Please feel free to call us toll-free at 800-483-9190.

 

These Terms of Use were last updated on September 1, 2011.