Terms of Service
Welcome to our website (“Site”). For purposes of these Terms of Service, the terms “we,” “us,” “our,” “DrViewer” and “[Ideosphere]” refer to [Ideosphere], LLC, an [Illinois] Limited Liability Company, doing business as DrViewer.com, and “you” and “your” refers to you, as a user of our Site.
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND US. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO CREATE YOUR ACCOUNT. BY CLICKING ON THE “ACCEPT TERMS” BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “ACCEPT TERMS” BUTTON AND DISCONTINUE YOUR REGISTRATION.
This Site is intended to provide users with an easy-to-use online tool for scheduling doctor and dentist appointments (collectively, the “Service”). Each user acknowledges that, like all websites, this Site may experience periodic and unexpected loss of services or slowdowns in response time and agrees that we shall not be held liable for loss, damage or injury sustained as a result thereof.
We reserve the right to amend or modify the Terms of Service from time to time without notice. Any new features that augment or enhance the current Site, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued access or use of the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified terms. You can review the most current version of the Terms of Service at any time at: [http://www.DrViewer.com/terms].
We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) and any user’s account and/or membership with or without notice.
User Conduct
As a condition of your use of the Site and Service, you warrant to us that you will not use the Site or Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices or by applicable laws and regulations.
You may not use the Site or the Service in any manner which could damage us, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or its associated services. You agree not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You agree not to attempt to decipher, decompile, disassemble or reverse engineer the Site or Service or allow others to do so. You further agree not to modify or create derivative works of the Site or Service.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. We make no representation that the Site is appropriate or available for use outside the United States.
Membership/Account Details
You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all activity that occurs under your account.
We offer the Service to users free-of-charge; however, you are responsible for any appointment or other fees charged by the doctor or dentist with whom you make an appointment on the Site.
Cancellation and Termination
You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on [__________________________]
We, in our sole discretion, have the right to suspend or terminate your account and refuse to allow any and all current or future use of the Service, or any other service we may offer, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account. We reserve the right to refuse service to anyone for any reason at any time.
License
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data, text and other materials that are part of this Site (collectively the “Site Contents”) are covered by copyrights, trademarks and/or other intellectual properties owned, controlled or licensed to or by us. This Site as a whole is protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by us.
Subject to your performance of all of the provisions of these Terms of Service, we hereby grant you, a limited, terminable, personal, non-exclusive license to access and use the Site solely as provided herein and not to download (other than page caching) or modify the Site or any information or data therein. You may use the Site to schedule doctor and dentist appointments. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with us. By agreeing to these Terms of Service, you hereby warrant that you are at least 18 years of age and are legally capable of agreeing to these Terms of Service. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Site is not transferable. We may, without notice, terminate your access to the Site or take other actions as are reasonably necessary to comply with legal requirements.
Medical Disclaimer/Assumption of Risk
You agree and understand that we are not responsible for the accuracy of any information posted on this Site, and we will not be liable for any damages resulting from your use of the information on our Site. Information posted on the Site may not be correct, reliable, appropriate, or relevant to you.
We do not control or guarantee the availability of any appointment time or of any doctor or dentist. In the event of a medical emergency, call 9-1-1.
RELIANCE ON ANY INFORMATION ON THIS SITE IS SOLELY AT YOUR OWN RISK.
We do not recommend or endorse any specific physicians, clinics, or other information that may be mentioned or referenced on the Site.
Confidentiality Obligations
Use and disclosure of health information and patient records (“health information”) by healthcare organizations is subject to extensive United States Federal and state regulation, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Healthcare providers who communicate with us are responsible for complying with HIPAA and all other applicable laws in connection with any such communications. We do not have obligations of confidentiality other than as expressly stated in this Agreement and our Privacy Policy, a link to which is provided below.
Site Operations
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run DrViewer. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Site. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Site.
Privacy
Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Site may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: [insert LINK here].
Linked Sites
This Site may contain links to other websites (“Linked Sites”). We do not operate or control any information, products or services on the Linked Sites, and neither endorse nor approve any products or information offered at Linked Sites. Linked Sites are used at your own risk.
Third Party Services
We may have contractual relationships with other third party organizations to provide specific services. If the user signs up for these services, we will share names or other contact information that is necessary for the third party to provide these services.
Disclaimer of Warranty
THE SITE AND ALL CONTENT HEREIN ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. USE OF THE SITE IS AT YOUR SOLE RISK AND NEITHER WE NOR ANY OF OUR EMPLOYEES OR AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ALL WARRANTIES ABOUT THE SITE AND ALL CONTENT HEREIN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES RELATING TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Indemnification
You will defend, indemnify and hold us and our officers, directors, employees, and volunteers harmless from all claims, damages, expenses, liabilities and losses, including without limitation attorney’s fees and costs incurred, whether or not a lawsuit or other action is filed, arising out of or related to (i) your access or use of, or your inability to access or use, this Site and other information contained in this Site or the other websites to which it is linked; and (ii) any of the communications that you submit to any part of the Site.
Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, THE BREACH THEREOF, THE USE OR INABILITY TO USE THE SITE, THE RESULTS GENERATED FROM THE USE OF THE SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
Assignment
You cannot assign or otherwise transfer, directly or indirectly, by operation of law or otherwise, these Terms of Service or any of your rights or obligations hereunder. We reserve the right to suspend or terminate your account if we determine in our sole discretion that you have attempted to make any such assignment or transfer.
General Terms and Conditions
These Terms of Service shall be interpreted and enforced according to the laws of the State of Illinois, without application of its conflicts or choice of law rules. These Terms of Service and the provision of the Site shall be deemed to be entirely performed in Northbrook, Illinois. You hereby irrevocably submit to the jurisdiction of the state or federal courts located in Cook County, Illinois, for any action or proceeding regarding the Site or these Terms of Service, and You hereby waive any right to object to the jurisdiction or venue of the courts in Cook County, Illinois. In the event a dispute arises regarding the Site or these Terms of Service, the prevailing party shall be entitled to its reasonable attorneys’ fees and expenses incurred in addition to any other relief to which it is entitled. Our failure to enforce any provision of these Terms of Service shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision. If any provision, or part thereof, of these Terms of Service is judicially declared invalid, void or unenforceable, each and every other provision, or part thereof, nevertheless shall continue in full force and effect, and the unenforceable provision shall be changed or interpreted so as best to accomplish the objectives and intent of such provision within the limits of applicable law. Use of the Site and Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Site or Service. We may assign this agreement, in whole or in part, at any time. You have no right to assign, delegate, transfer or otherwise encumber these Terms of Service or any portion thereof without our prior written consent. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SELECTING “ACCEPT TERMS” WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO CREATE AN ACCOUNT AND USE THE SERVICE.