Terms of Service

Last updated May 7, 2011

DocSpot (“DocSpot”, or “we”) provides services to help people find medically related information. The services offered by DocSpot (“Services”) include information provided on the DocSpot.com domain, and any sub domains thereto (the “Sites”).

Please read the following terms and conditions (“Terms of Service”) carefully. These Terms of Service govern your access to and use of the Services and set forth the legally binding terms for your use of the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITES OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICES, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

DocSpot reserves the right to, at its sole discretion, to modify, discontinue or terminate the Services, including any portion thereof at any time. If we modify these Terms of Service, we will update the “Last Updated Date” above and post the modification on the Sites and perhaps elsewhere within the Services. DocSpot may revise and update these Terms of Service at any time as well. Your continued usage of the Sites will mean you accept those changes. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.

The information presented on this website

The information presented on the Sites is meant to be educational and informative, and is not intended to be a substitute for professional medical advice. Please seek the advice of a qualified health provider if you have any medically related questions. Information on the Sites was gathered from a wide variety of sources and may contain errors.

Access

You agree not to access the Sites by any means other than through the provided interface through a consumer web browser and you expressly agree not to access the Sites through any automated means (including use of scripts or web crawlers). You also agree to only use the Sites for personal use or journalistic purposes and agree not to access this site excessively. Beyond a single downloaded copy and a printed copy for personal use, you expressly agree that you will not use the Sites to store or cache the information in any way or build a database of any sort.
If you use the Sites for journalistic purposes, you agree to include in your publication a reference to the company and if practical, a hyperlink to the site. You also agree to send a copy of your article to mediamentions@docspot.com within 14 days of when the article is published.

Eligibility and DocSpot Account Registration

In order to access certain features of the Sites and Services, and to post any User Content (defined below) on the Sites or through the Services, you must register to create an account (“DocSpot Account”) and become a “Member”.

During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. DocSpot reserves the right to suspend or terminate your DocSpot Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If you are not a Member you may browse all areas of the Sites or use the parts of the Services that are not limited to Members only.

You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your DocSpot Account, whether or not you have authorized such activities or actions. You agree to immediately notify DocSpot of any unauthorized use of your DocSpot Account. We are not liable for any damages or losses caused by someone using your account without your permission.

You agree that DocSpot may terminate your DocSpot Account (or access to any account) for any reason. You acknowledge that if DocSpot terminates access to your DocSpot Account, you may be prevented from accessing the data stored that you have stored on the Sites.

In addition, DocSpot may notify authorities or take any actions it deems appropriate, without notice to you, if DocSpot 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 DocSpot; or (ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, DocSpot Users, DocSpot or any other third parties or the Services.

When registering, you may have the opportunity to select a username. The username must not be misleading, and DocSpot may require you to change it (or may change it itself) for any reason.

You may not impersonate another person from whom you do not have express authorization to do so. You agree to keep your password private and to prevent unauthorized use of your DocSpot Account. You may only create one account for each authorized legal entity (you may for example, create an account for yourself personally, and another one for the medical practice that you own; you may not, however, create two or more accounts for yourself).

You agree that DocSpot may send you e-mail informing you about changes to the Terms of Service, Privacy Policy, products or services or website, and to announce the addition of new products or the removal of old products.

You may terminate your DocSpot Account at any time and for any reason.

Privacy

See DocSpot’s Privacy Policy for information and notices concerning DocSpot’s collection and use of your personal information.

Content and Customizations

Certain types of content are made available through the Services. “DocSpot Content” means, collectively, the text, data, graphics, images, illustrations, forms and look and feel attributes, DocSpot trademarks and logos and other content made available through the Services and any Customizations, including any technology or code making up the Services, excluding User Content. “User Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member via the Services. “Customizations” means the modifications, designs or enhancements to DocSpot Content as a result of a Member’s or a non registered user’s customization of a DocSpot character using one of DocSpot’s interactive tools. For the avoidance of doubt, Customizations do not include User Content.

DocSpot Content License

Subject to your compliance with the terms and conditions of these Terms of Service, DocSpot grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print, where applicable, any DocSpot Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or DocSpot Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DocSpot or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

User Content

By making available any User Content through the Services, you hereby grant to DocSpot a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise use such User Content only on, through or by means of the Services. DocSpot does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to DocSpot the rights in such User Content, as contemplated under these Terms of Service; (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or DocSpot’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iii) you believe all information that you post is either factually true or a true reflection of your opinion; and (iv) the material that you post is neither offensive nor inappropriately graphic. Copyrighted Materials: No Infringing Use. You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. DocSpot has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

Notify Us of Infringers

If you believe that something on the Services violates your copyright, notify our copyright agent via e-mail at copyright@docspot.com. The contact information for our copyright agent is at the bottom of this section. In order for us to take action, you must do the following in your notice:(1) provide your physical or electronic signature; (2) identify the copyrighted work that you believe is being infringed; (3) identify the item on the Services that you think is infringing your work and include sufficient information about where the material is located on the Services (including which website and URL) so that we can find it; (4) provide us with a way to contact you, such as your address, telephone number, or e-mail; (5) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Services; and (6) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Again, we cannot take action unless you give us all the required information.

Ratings and Comments & Feedback.

You may have the opportunity to rate and make comments about content made available through the Services (“Comments”). DocSpot advises you to exercise caution and good judgment when leaving such Comments. Once you complete and submit your Comments to the Services you will not be able to go back and edit your Comments. You should also be aware that you could be held legally responsible for damages to someone’s reputation if your Comments are deemed to be defamatory. Without limiting any other terms of this Terms of Service, DocSpot may, but is under no obligation to, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, DocSpot does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms of Service.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at support@docspot.com or through the “Help” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of DocSpot and you hereby irrevocably assign to DocSpot and agree to irrevocably assign to DocSpot all of your right, title, and interest in and to all Comments and Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At DocSpot’s request and expense, you will execute documents and take such further acts as DocSpot may reasonably request to assist DocSpot to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Interactions between Users

You are solely responsible for your interactions (including any disputes) with other users. You understand that DocSpot does not in any way screen DocSpot users, except to only allow people aged 14 and over to create accounts. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to other DocSpot users. You agree to take reasonable precautions in all interactions with other DocSpot users, particularly if you decide to meet a DocSpot user offline, or in person. Your use of the Services, DocSpot Content and any other content made available through the Services is at your sole risk and discretion and DocSpot hereby disclaims any and all liability to you or any third party relating thereto. DocSpot reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with DocSpot to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized DocSpot representatives access to any password-protected portions of your DocSpot Account.

Advertising

This site is supported by advertising revenue. These advertisements may be related to any of the following (but not limited to): DocSpot Content that you are viewing, the information that you have stored on the Sites, and/or to the queries you make. In consideration for DocSpot granting you access to the Sites, you agree that DocSpot may place advertisements on the pages that you view. DocSpot does not validate the advertisers nor their claims, and therefore cannot endorse them.

Intellectual property

You acknowledge and agree that DocSpot (or its licensors) own all legal right, title and interest in regards to the Services and the Sites. Nothing herein gives you a right to use any of DocSpot’s trade names, trademarks, service marks, logos, and other distinctive brand features. DocSpot will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or DocSpot Content.
You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any software that pertains to the Sites or the Services or any part thereof (nor shall you encourage or enable anyone else to do so), unless this is expressly permitted or required by law.

Disclaimers

THE SERVICES, DOCSPOT CONTENT AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DOCSPOT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DOCSPOT MAKES NO WARRANTY THAT THE SERVICES, DOCSPOT CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DOCSPOT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOCSPOT OR THROUGH THE SERVICES, DOCSPOT CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold DocSpot, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to DocSpot, your access to or use of the Services or DocSpot Content, or your violation of these Terms of Service.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT THEREIN REMAINS WITH YOU. NEITHER DOCSPOT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR DOCSPOT CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOCSPOT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOCSPOT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, DOCSPOT WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.

IN NO EVENT WILL DOCSPOT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITES, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOCSPOT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of DocSpot used herein are trademarks or registered trademarks of DocSpot. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts having jurisdiction over disputes arising in Santa Clara County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between DocSpot and you regarding the Services and DocSpot Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between DocSpot and you regarding the Services and DocSpot Content.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without DocSpot’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. DocSpot may freely assign these Terms of Service. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

You consent to the use of: (i) electronic means to complete these Terms of Service and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Service or your use of the Services. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (x) by DocSpot via email (in each case to the address that you provide) or (y) by posting to the Sites or Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of DocSpot to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DocSpot. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

Contacting Us

If you have any questions about these Terms of Service, please contact DocSpot at support@docspot.com.