- Your Acceptance
Welcome to the Terms of Service for the Doctablet website (www.doctablet.com). This is an agreement (“Agreement”) between Medicine Chiefs Inc. (“Doctablet”), the owner and operator of www.doctablet.com and any services offered via the website (collectively the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site. Throughout this Agreement, the words “Doctablet,” “us,” “we,” and “our,” refer to our company, Medicine Chiefs Inc., as is appropriate in the context of the use of the words.
- Site Disclaimer
Please be aware that the Doctablet Site may contain health and medical related content. Any content or information found on this Site is not medical or professional advice and all content or information is only offered for general educational and informational purposes. CONTENT ON THIS SITE IS NOT A SUBSTITUTE FOR IN-PERSON PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. You should always speak with your doctor or health care professional before adopting any treatment or regimen. Always use common sense when making health decisions, if you have or suspect that you have a medical or health issue, promptly contact your doctor or health care provider immediately. Do not delay receiving treatment for any health or medical issues due to any information found on our Site.
DOCTABLET DOES NOT PROVIDE MEDICAL OPINIONS, CARE OR ADVICE AND DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENT OR PRESCRIPTIONS. NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BETWEEN ANY USERS AND DOCTABLET. RELIANCE ON ANY INFORMATION FOUND ON THIS SITE IS SOLELY AT YOUR OWN RISK. DOCTABLET DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATIONS, MEDICAL SERVICES, OR MEDICAL OPINIONS OR ACT IN ANY MANNER AS A PHYSICIAN, OR MEDICAL CORPORATION.
- User Accounts
We reserve the right to suspend or terminate your account for any reason. In the event of account suspension or termination we may provide you with an explanation for such suspension or termination.
- Site Availability and Modification
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
- Third Party Links
The Site may contain links to third party websites that are not owned or controlled by Doctablet. Doctablet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Doctablet will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Doctablet from any and all liability arising from your use of any third-party website.
- Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your use and for any use of the Doctablet Site made using your account. You agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Site to stalk, harass, bully or harm another individual;
- You agree that you will not hold Doctablet responsible for your use of the Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Doctablet;
- You agree not to interfere with or disrupt the Site;
- You agree to not violate any US laws or other international laws while using the Site; and
- You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Doctablet reserves the right to suspend or terminate any account at any time without notice or explanation.
- Your License to Use our Site
After registering for our Site, if required, we grant you a personal, non-exclusive, revocable, limited license to use our Site. As a user, you do not receive any ownership interest in any portion of our Site, associated services; you merely receive the aforementioned license listed above. If you wish to terminate this license please notify us or deactivate your account. Please be aware that you are solely responsible for your use of our Site. Additionally, you agree to abide by the following licensing restrictions listed below:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Site or Platform or any portion of it.
- You may not share your license with any other parties.
- You may not violate any laws, rules or procedures of the United States.
- You may not access our Site except through specific channels provided by us.
- You may not use the Site on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not sell, lease, loan, distribute, transfer, or sublicense the Site or access to any content, unless enabled by functionality created by us.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Site at our discretion. Additionally, we may revoke or restrict your access to our Service if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
- Your Content
Your ability to submit or transmit any information through the Site, including but not limited to text, photos, images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion.
When submitting any User Content to our Site you represent and warrant that you own all rights to the User Content have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Doctablet, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Service. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Service.
- Intellectual Property
The name “Doctablet,” the design of the Doctablet Site along with Doctablet created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to Doctablet. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Doctablet reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Site unless we have given you express written permission.
- Idea Submission
Doctablet or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Doctablet. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Doctablet’s products might seem similar to ideas you submitted to Doctablet. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Doctablet, without any compensation to you; (2) Doctablet may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Doctablet to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
- Additional Terms for Contributors and Faculty
Any users wishing to contribute online videos to the Site shall be referred to as “Contributors.” Additionally users who have a medical license or a healthcare background may be granted status as a “Faculty” member of the Site. As a Contributor or Faculty member, you may be granted additional privileges and access to portions of the Site. Doctablet reserves the full right and discretion to appoint and decide which users may become either a Contributor or Faculty member. In order to become a Contributor or Faculty member you may be required to agree to and execute a Contributor Agreement or other relevant agreements (collectively “Additional Agreements”) as required by Doctablet. Such Additional Agreements may supersede this Agreement in whole or in part. The Additional Agreements should be read in conjunction with this Agreement and may obligate you to additional responsibilities when using the Site. If you wish to become a Contributor or Faculty member, please contact us at [email protected]
Doctablet shall have the right, but not the obligation, to monitor any User Content of the Doctablet Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by us. Without limiting the foregoing, Doctablet shall have the right, but not the obligation, to remove any material that Doctablet in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- Public and Private Forums
You acknowledge and agree that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, other users may be able to view your communications without your knowledge. We do not control or endorse the content, messages or information found in any Communities, specifically disclaim any liability concerning the Communities and any actions resulting from your participation, including any objectionable content. Generally, any communication which Users post to the Doctablet Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential.
- Limitation of Liability; Representations and Warranties
USE OF THIS SITE AND ANY SERVICES OFFERED, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
- EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, THE SITE AND ANY SERVICES OR ITEMS SOLD ON DOCTABLET ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING ON THIS SITE SHOULD BE CONSIDERED MEDICAL OR HEALTH ADVICE OR DIAGNOSIS; ALL CONTENT FOUND ON THE SITE IS ONLY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
- DOCTABLET DOES NOT WARRANT THAT: (1) THIS SITE, ANY SERVICES, OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE CORRECTED; (3) THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS SITE AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE ACCURATE OR RELIABLE.
To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Site or any of its related services WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In the event that your jurisdiction does not allow us to exclude all liability, you agree that our total liablity to you will not exceed the total amount PAID TO YOU BY DOCTABLET OR ONE HUNDRED US DOLLARS WHICHEVER IS GREATER. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Doctablet’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
You agree to defend, indemnify and hold harmless Medicine Chiefs Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Doctablet Site
- your violation of any term of this Agreement
- any claim by a third party relating to your actions on the Site
This defense and indemnification obligation will survive this Agreement and your use of the Doctablet Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Doctablet, [email protected]
- Age Compliance
The Site may only be used by persons 18 years and older. If you are under 18 please stop using our Site and please do not submit any information to us.
- Choice of Law
This Agreement shall be governed by the laws in force in New York. The offer and acceptance of this contract is deemed to have occurred in the state of New York.
- Arbitration and Class Action Waiver
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against us, Medical Chiefs, Inc., or the Site arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Clinton Corners, New York, or at such other location as may be mutually agreed upon by you and , Medical Chiefs, Inc.; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or , Medical Chiefs, Inc. individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither the user nor, Medical Chiefs, Inc. shall be entitled to arbitrate their dispute and both parties agree that in the event of unenforceability of this arbitration clause, all disputes will be heard in a court of competent jurisdiction located within Dutchess County, NY. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
- Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Doctablet are deemed to conflict with each other’s operation, you agree that Doctablet shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Site and may terminate our Site and Site at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
- Electronic Communications
The communications between you and Doctablet use electronic means, whether you visit the Site or send Doctablet e-mails, or whether Doctablet posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Doctablet in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Doctablet provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Doctablet must be sent to our agent for notice to: [email protected]
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.