Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 08/04/2010.
This Terms of Use Agreement sets forth the standards of use of the PriceDoc, Inc. Online Service. By using the pricedoc.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at pricedoc.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
PriceDoc, Inc. is providing Member with information services. PriceDoc, Inc. may also provide Member with opportunities to purchase discounted products and services from participating third party providers ("Providers") through PriceDoc at a discount (a "Deal"). Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees related with such connection.
Disclaimer of Warranties
The site is provided by PriceDoc, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, PriceDoc, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. PriceDoc, Inc. shall have no liability for any interruptions in the use of this Website. PriceDoc, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
PRICEDOC, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PRICEDOC, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PriceDoc, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold PriceDoc, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
PriceDoc, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. PriceDoc, Inc. shall not be liable to Member or any third party should PriceDoc, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PriceDoc, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-party sites.
Disclaimer Regarding Accuracy of Third Party Information
While PriceDoc, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
PriceDoc, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any third party (including Vendors), and you acknowledge that any reliance on representations and warranties provided by any third party (including Vendors) shall be at your own risk.Governing Jurisdiction of the Courts
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State California.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008-2010 pricedoc.com, with all rights reserved, or is the property of PriceDoc, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PriceDoc, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PriceDoc, Inc.
PriceDoc, Inc.™ and pricedoc.com™ are proprietary marks of PriceDoc, Inc. PriceDoc, Inc.'s trademarks may not be used in connection with any product or service that is not provided by PriceDoc, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PriceDoc, Inc.
All other trademarks displayed on PriceDoc, Inc.'s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PriceDoc, Inc.-
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, pricedoc.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail:
PriceDoc, Inc.
249 S. Highway 101, Suite 577
Solana Beach, CA
By Telephone: 877.783.2771
By Email: info@pricedoc.com
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Botnets
PriceDoc, Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PriceDoc, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
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Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by PriceDoc, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable].
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Deal of the Week Coupon Terms of Sale
All Deal of the Week coupons printed from the Site, or any other website associated with PriceDoc (hereinafter "DOW Coupons") are promotional coupons that may be purchased from participating Providers through PriceDoc to be used in exchange for goods and services at a discount from their actual cost. By purchasing a DOW Coupon from a Provider for a selected Deal through PriceDoc, you agree to the terms, conditions and restrictions associated with the Deal. For more information about our collection of personal information, please view our Privacy Policy. You are required to make a payment via credit card and create an account in order to purchase any DOW Coupon. The opening of an account is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the DOW Coupon.
The DOW Coupon you purchase through PriceDoc is redeemable for goods or services by the Provider. The Provider, not PriceDoc, is the seller of the DOW Coupon and the goods and services and is solely responsible for redeeming any DOW Coupon you purchase. PriceDoc sells a DOW Coupon that can be redeemed in connection with your purchase of the goods or services from Provider.-
The DOW Coupon
Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) a promotional portion for the balance of the value of the Deal (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "DOW Coupon"). In the event you redeem your DOW Coupon for less than the full amount stated on the DOW Coupon, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is left.
Expiration Dates
The promotional portion of all DOW Coupons expires on the date printed on your DOW Coupon. The paid portion of the DOW Coupon expires two (2) years from the date the DOW Coupon is issued, except to the extent applicable law requires that the Provider extend the period in which the DOW Coupon may be redeemed.
Deal Specific Terms
Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal.
Global Terms
Unless otherwise stated in the DOW Coupon or required by law, the following additional terms apply to all DOW Coupons:
- no cash value for any DOW Coupon,
- no cash back will be issued for partial redemption of the paid portion of a DOW Coupon, except as required by law,
- no cash back or credit will be issued for partial redemption of the promotional portion of a DOW Coupon,
- DOW Coupons cannot be combined with any other coupons or promotions unless otherwise noted in the DOW Coupon,
- DOW Coupons cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
- neither PriceDoc nor the Provider is responsible for lost or stolen DOW Coupons or a DOW Coupon reference number,
- duplicate use, sale or trade of a DOW Coupon is prohibited, except as required by law.
Provider Responsibility
To be clear, PriceDoc markets the Deals and acts an as agent in selling the DOW Coupons on behalf of the Providers. But the Provider is the issuer of the DOW Coupon. As issuer of the DOW Coupon, the Provider shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Provider or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed DOW Coupons. By purchasing a Deal, a customer acquires the right to print a DOW Coupon issued by the participating non-affiliated Provider and to use the DOW Coupon according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the DOW Coupon is within your sole control and at your sole discretion.
Promotions of the Deal Program
From time to time, we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
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Provider(s) Subscription Agreement
Welcome to PriceDoc, the service for Healthcare Providers to post pricing and connect with the general public ("Consumers") online, operated by PriceDoc, Inc. ("PriceDoc"). By using the PriceDoc Website, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a Subscriber of PriceDoc ("Subscriber"). If you wish to become a Subscriber and make use of the PriceDoc service (the "Service"), please read these Terms of Use. You will then be required to register for the Service ("Registration"), which includes completing an application and providing various items of information about you and your practice. If you object to anything in this Agreement or the PriceDoc Privacy Policy or Terms of Use, do not use the Website or the Service. The Terms of Use are subject to change by PriceDoc at any time, effective upon posting on the PriceDoc website.
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Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your Subscription in the Service. This Agreement may be modified by PriceDoc from time to time, such modifications to be effective upon posting by PriceDoc on the Website. This Agreement includes PriceDoc's Use and Content Requirements, PriceDoc's Privacy Policy, PriceDoc's Online Advertising Media Kit, and any notices regarding the Website. By accessing the Website or becoming a Subscriber, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
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Electronic Form
By accessing the Website or becoming a Subscriber, you consent to have this Agreement provided to you in electronic form.
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Non-electronic Copy
You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement at any time. To receive a non-electronic copy of this Agreement, please send an e-mail to providersupport@pricedoc.com.
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Withdrawing Your Consent
You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
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Effect.
Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
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Notice.
To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to customerservice@pricedoc.com
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Prospective Nature.
Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
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Access and Retention
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
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Eligibility
You must be qualified Healthcare Provider to register as a subscriber of PriceDoc. Subscription Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You also agree to promptly notify PriceDoc of any changes in the status of your licensing and certification.
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Subscription
The terms of your subscription, pricing and billing are explained in Advertising Media Kit, available on the Website.
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Term
This Agreement will remain in full force and effect while you use the Website and/or are a Subscriber. You may terminate your Subscription at any time, for any reason, by sending PriceDoc written notice of termination to PriceDoc, Inc at the address on the Website or email notice of termination to providersupport@pricedoc.com If you pre-paid for a Subscription and then terminate the Subscription, your Subscription will remain active until the end of your then current subscription period (that is, the subscription period through which you had paid prior to your termination.). Details and conditions related to a termination of a subscription that was not pre-paid are outlined in the Advertising Media Kit available on the PriceDoc Website. PriceDoc may terminate your Subscription by sending notice to you at the email address you provide in your Registration, or such other email address as you may later provide to PriceDoc. If PriceDoc terminates your Subscription in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of PriceDoc. PriceDoc is not required to provide you notice prior to terminating your subscription.
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Termination
PriceDoc is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your Subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
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Use and Content
Your use of the Service and the content of the information that you post on the Website must be in compliance with the PriceDoc Use and Content Requirements outlined below.Customer Service PriceDoc provides assistance and guidance through its customer service representatives. When communicating with our customer service representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If, in our sole discretion, we determine that your behavior towards any of our customer care representatives or other employees is at any time inconsistent with the above standards, we reserve the right to immediately terminate your Subscription and you will not be entitled to any refund of unused subscription fees nor any additional Services from PriceDoc.
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Modifications to Service
PriceDoc reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PriceDoc shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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Blocking of IP Addresses
In order to protect the integrity of the Service, PriceDoc reserves the right at any time in its sole discretion to block Subscribers from certain IP addresses from accessing the Website.
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Subscriber Disputes
You are solely responsible for your interactions with Consumers. PriceDoc reserves the right, but has no obligation, to monitor disputes between you and Consumers.
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Privacy
Use of the Website and/or the Service is also governed by our Privacy Policy. Healthcare Providers, their employees, and their agents should be particularly aware of their obligations of patient confidentiality, including without limitation their obligations under the Health Insurance Portability and Accountability Act ("HIPAA"), both in communicating with PriceDoc and in responding to a review of their services posted on our Website. PriceDoc does not have, and will not accept, any obligations of confidentiality with respect to any communications other than those expressly stated in this Privacy Policy and PriceDoc's Terms of Use.
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Disclaimers
PriceDoc is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Consumers, Subscribers or by any of the equipment or programming associated with or utilized in the Service. PriceDoc is not responsible for the conduct, whether online or offline, of any user of the Website, Consumer or Subscriber of the Service. PriceDoc assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user, Consumer or Subscriber communications. PriceDoc is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users, Consumers and/or Subscribers or to any other person's computer related to or resulting from the Service. Under no circumstances will PriceDoc or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and PriceDoc expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PriceDoc cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. PriceDoc makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website -
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PriceDoc has no control over such sites and resources, you acknowledge and agree that PriceDoc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PriceDoc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
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Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will PriceDoc be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if PriceDoc has been advised of the possibility of such damages. PriceDoc is not a referral service, and does not guarantee that your listing on the Website will result in any patients, clients or business for you. PriceDoc will not be responsible for any claim, dispute or legal proceeding that occurs between you and any third party, including, but not limited to, Consumers and others who access the Website. PriceDoc will not be responsible for the performance of any services by you. PriceDoc has no control over the use of the Website, and does not guarantee the suitability of any Consumer who may access your services. PriceDoc does not guarantee the truth or accuracy of the information provided by Consumers, and does not guarantee that a Consumer will consummate a transaction with you, or have the wherewithal to pay for the transaction. PriceDoc does not guarantee continuous and secure access of the Website, and cannot completely guard against interruptions caused by factors outside of our control, including malicious attack on the Website. Accordingly, to the extent legally permitted, PriceDoc excludes all implied warranties, terms and conditions. PriceDoc is not responsible for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising out of the Website and its use. Notwithstanding anything to the contrary contained herein, PriceDoc's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PriceDoc for the Service during the term of Subscription.
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U.S. Export Controls
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported
- into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or
- 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. By downloading or using the 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.
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Jurisdiction and Choice of Law
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in San Diego County, for the resolution of any such dispute.
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Indemnity by You
You agree to indemnify and hold harmless PriceDoc and its officers, directors, agents, subsidiaries and employees from claims, demands and damages (actual and consequential), including reasonable attorney's fees, of every kind and nature, known and unknown, arising out of or in any way related to disputes between you and any third party, including, but not limited to, Consumers and other patients or clients. California Health Care Providers specifically waive California Civil Code §1542, which states, "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."
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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Other Instruments
You agree that you will execute any other instruments and documents that are or may become necessary or convenient to make this Agreement and the Service usable.
Headings
The headings in this Agreement are used only to add clarity and organization, and are not to be considered part of the terms of this Agreement.
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Use and Content Requirements
Your access to the PriceDoc website is governed by the following:
Use by Subscribers
Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of PriceDoc, which may be revoked at any time, for any reason, in PriceDoc's sole discretion.
Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to:
- immediately notify PriceDoc of any unauthorized use of your username or password or any other breach of security, and
- ensure that you exit from your account at the end of each session. PriceDoc will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window's Live ID to your PriceDoc account.
Proprietary Rights - Content on PriceDoc
PriceDoc owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of PriceDoc, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by PriceDoc, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PriceDoc does not:- guarantee the accuracy, completeness, or usefulness of any information on the Service, or
- adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will PriceDoc or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Subscribers.
Content Posted by You on PriceDoc
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, regardless of who enters or modifies any such content. You will not post on the Service any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Subscriber. If information provided to PriceDoc, or another Subscriber, subsequently becomes inaccurate, misleading or false, you will promptly notify PriceDoc of such change.
- You understand and agree that PriceDoc may review and delete any content, messages, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of PriceDoc violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Subscribers.
- By posting Content to any public area of PriceDoc, you automatically grant, and you represent and warrant that you have the right to grant, to PriceDoc, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by PriceDoc will not infringe or violate the rights of any third party.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. PriceDoc reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Subscription of such violators. It includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- You may not transmit any chain letters or junk email to Consumers. Although PriceDoc cannot monitor the conduct of its Subscribers off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent.
- All information you include in your Subscriber profile must be accurate, current and complete.
Prohibited Activities
PriceDoc reserves the right to investigate and terminate your Subscription if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the
- type of actions that you may not engage in with respect to the Service: You will not express or imply that any statements you make are endorsed by PriceDoc without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that 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.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Service or the Website, without PriceDoc's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to PriceDoc or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
Copyright Policy
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.
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Services and Pricing
Your access to the PriceDoc website is governed by the following:
Subscription and Subscription Pricing
You will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must upgrade your subscription to the Service. Please see the PriceDoc Online Advertising Media Kit for a description of the current subscription plans, requirements, details and prices. Please note that the subscription policies that are disclosed to you in subscribing to the Service are deemed part of this Agreement.
Subscriptions; Charges on Your Billing Account.General
PriceDoc bills you through an online account (your "Billing Account") for use of the Service. You agree to pay PriceDoc all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize PriceDoc to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. PriceDoc reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Recurring Billing
By entering into this Agreement, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. PRICEDOC MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY PRICEDOC) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE PRICEDOC REASONABLY COULD ACT.
Current Information Required
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY PRICEDOC IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE PRICEDOC ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT PRICEDOC MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY PRICEDOC).
Payment Method
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If PriceDoc does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and PriceDoc shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that PriceDoc may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-renewal
Your PriceDoc subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, which is subject to change from time to time. If you resign and have a pre-paid subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you terminate a paid subscription that is not pre-paid, the cancellation terms outlined in the On-line Advertising Media Kit will apply, unless otherwise modified by an agreement between the PriceDoc and the provider.
Reaffirmation of Authorization
Your non-termination or continued use of the Service reaffirms that PriceDoc is authorized to charge your Payment Method. PriceDoc may submit those charges for payment and you will be responsible for such charges. This does not waive PriceDoc's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Free Trials and Other Promotions
Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. The cancellations terms of free trial offer will be contained in a Trial Agreement, if any, as executed by the provider and PriceDoc.
Modifications to Service
PriceDoc reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PriceDoc shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Other
This Agreement contains the entire agreement between you and PriceDoc regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Information Terms of Use – Registered Member
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on 08/04/2010.
This Terms of Use Agreement sets forth the standards of use of the PriceDoc, Inc. Online Service for Registered Members. By using the pricedoc.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at pricedoc.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.Description of Service
PriceDoc, Inc. is providing Member with information services. Member must provide all equipment necessary for their own Internet connection, including computer and modem and provide for Member's access to the Internet, and pay any fees relate with such connection.
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Disclaimer of Warranties
The site is provided by PriceDoc, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, PriceDoc, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. PriceDoc, Inc. shall have no liability for any interruptions in the use of this Website. PriceDoc, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
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Limitation of Liability
PRICEDOC, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PRICEDOC, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PRICEDOC, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
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Indemnification
Member agrees to indemnify and hold PriceDoc, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
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Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify PriceDoc, Inc. of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of PriceDoc, Inc.
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Modifications and Interruption to Service
PriceDoc, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. PriceDoc, Inc. shall not be liable to Member or any third party should PriceDoc, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PriceDoc, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
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Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
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Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While PriceDoc, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. PriceDoc, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
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Governing Jurisdiction of the Courts
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.
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Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
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Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008-2010 PriceDoc, Inc., will all rights reserved, or is the property of PriceDoc, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PriceDoc, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PriceDoc, Inc.
PriceDoc, Inc.™ and pricedoc.com™ are proprietary marks of PriceDoc, Inc. PriceDoc, Inc's trademarks may not be used in connection with any product or service that is not provided by PriceDoc, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PriceDoc, Inc.
All other trademarks displayed on PriceDoc, Inc's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with PriceDoc, Inc. -
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PriceDoc, Inc.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
PriceDoc, Inc.
249 S. Highway 101, Suite 577
Solana Beach, CA
By Telephone: 877.783.2771
By Email: info@pricedoc.com -
Botnets
PriceDoc, Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PriceDoc, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
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Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by PriceDoc, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
