Terms of Use Agreement
This Terms of Use Agreement (this “Agreement”) is entered into by and between
Elite House Call M.D. Professional Ltd. Liability Co. and the individually
licensed Doctor owners (collectively the “Author”) and “you,” the user of this
website, also known as the “EliteHouseCallMD.com” (the “Site”). Access to, use
of and/or browsing of the Site is provided subject to the terms and conditions
set forth herein. By accessing, using and/or browsing the Site, you hereby
agree to these terms and conditions.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE
AUTHOR’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND
IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES
ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO
EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE
IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE SITE.
BY ENTERING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND
UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND
DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO
FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE
RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR
ENTITY.
MEDICAL ADVICE DISCLAIMER
The Author provides the Site and the services, information, content and/or data
(collectively, “Information”) contained therein for informational purposes only.
The Author does not provide any medical advice on the Site, and the Information
should not be so construed or used. Using, accessing and/or browsing the Site
and/or providing personal or medical information to the Author does not create a
physician-patient relationship between you and the Author.
Nothing contained in the Site is intended to create a physician-patient
relationship, to replace the services of a licensed, trained physician or health
professional or to be a substitute for medical advice of a physician or trained
health professional licensed in your state. You should not rely on anything
contained in the Site, and you should consult a physician licensed in your state
in all matters relating to your health. You hereby agree that you shall not make
any health or medical related decision based in whole or in part on anything
contained in the Site.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in the Site shall constitute
financial, investment, legal and/or other professional advice and that no
professional relationship of any kind is created between you and the Author.
You hereby agree that you shall not make any financial, investment, legal and/or
other decision based in whole or in part on anything contained in the Site.
INFORMATION DISCLAIMER
The opinions expressed in the Site are not necessarily the opinions of the
Author and do not necessarily reflect the opinion of his employer(s). The Site
is created by the Author in the Author’s individual capacity, is the Author’s
personal web site, is not edited by the Author’s employer(s) and, as a result,
may not be attributed to the Author’s employer.
Any opinions of the Author on the Site are or have been rendered based on
specific facts, under certain conditions, and subject to certain assumptions,
and may not and should not be used or relied upon for any other purpose,
including, but not limited to, for use in or in connection with any legal
proceeding.
The Information may be changed without notice and is not guaranteed to be
complete, correct, timely, current or up-to-date. Similar to any printed
materials, the Information may become out-of-date. The Author undertakes no
obligation to update any Information on the Site; provided, however, that the
Author may update the Information at any time without notice in the Author’s
sole and absolute discretion. The Author reserves the right to make alterations
or deletions to the Information at any time without notice.
POSTING GUIDELINES - For Comments and/or Blogs if applicable. A "posting"
shall also include e-mail communications.
The Site is open to the public. Therefore, consider your comments carefully and
do not include anything in a comment that you would like to keep private. By
uploading or otherwise making available any information to the Author in the
form of user generated comments or otherwise, you grant the Author the
unlimited, perpetual right to distribute, display, publish, reproduce, reuse and
copy the information contained therein.
You are responsible for the content you post. You may not impersonate any other
person through the Site. You may not post content that is obscene, defamatory,
threatening, fraudulent, invasive of another person’s privacy rights, or is
otherwise unlawful. You may not post content that infringes the intellectual
property rights of any other person or entity. You may not post any content that
contains any computer viruses or any other code designed to disrupt, damage, or
limit the functioning of any computer software or hardware.
By submitting or posting content on the Site, you grant the Author and any
company substantially under the control of the Author, the right to remove any
content or comment that, in Author’s sole judgment, does not comply with the
terms and conditions of this Agreement or is otherwise objectionable. You also
grant the Author and any company substantially under the control of Author the
right to modify, adapt, and edit any content.
THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
The Site may, from time to time, contain links to third party web sites. These
links are provided solely as a convenience to you and not as a guarantee,
warranty, or recommendation by the Author of the services, information, content
and/or data on such third party web sites or as an indication of any
affiliation, sponsorship or endorsement of such third party web sites. The
Author is not responsible for the content of linked third party web sites and
does not make any representations or warranties regarding the privacy practices
of, or the content or accuracy of materials on, such third party websites. If
you decide to access linked third-party web sites, you do so at your own risk.
Your use of third-party websites is subject to the terms of use for such sites.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT,
GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO
REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED
THEREIN.
DISCLAIMER OF ALL WARRANTIES
The Information made available at the Site is provided on an “AS IS” and “AS
AVAILABLE” basis without warranties of any kind, either express or implied,
including, without limitation, warranties of title, non-infringement, and
implied warranties of merchantability or fitness for a particular purpose.
Without limiting the generality of the foregoing, the Author makes no warranty,
representation or guaranty as to the content, sequence, accuracy, timeliness or
completeness of the Information, that the Information may be relied upon for any
reason or that the Information will be uninterrupted or error free or that any
defects can or will be corrected.
Without limiting the generality of the foregoing, the Author makes no
representations or warranties with respect to any Information offered or
provided within or through the Site regarding treatment of medical conditions,
action, or application of medication.
Under no circumstances, as a result of your use of the Site, will the Author be
liable to you or to any other person for any direct, indirect, special,
incidental, exemplary, consequential or other damages under any legal theory,
including, without limitation, tort, contract, strict liability or otherwise,
even if advised of the possibility of such damages. Without limiting the
generality of the foregoing, the Author shall have absolutely no liability in
connection with the Site for:
1. damages as a result of lost profits, loss of good will, work stoppage,
failure of performance, delays in operation or transmission, nondelivery of
information, deletions of files, mistakes, defects, errors, interruptions or
computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions,
omissions, or negligence, or for contingencies beyond the Author’s control, in
procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how
caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the
Information.
THE INFORMATION IS PROVIDED “AS
IS” AND THE AUTHOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES,
INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE, REGARDING THIS INFORMATION. NO GUARANTEE IS GIVEN OR MADE AS
TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF THIS INFORMATION. YOUR USE OF
THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF
LOSS RESULTING FROM THE USE OF THIS INFORMATION. THE AUTHOR WILL NOT BE LIABLE
FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE,
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, RELATING
TO THE USE OF THIS INFORMATION
AUTHOR IS NOT RESPONSIBLE FOR PHYSICIANS - IF RETAINED FROM THIS SITE
Physicians retained throughthe Author are independant contractors utilizing
their own individual medical experiences and knowldge to diagnose and treat
patients generated through this Site. Therefore, the Author and it's
employees do not take responsibility for any medical diagnosis, treatments
provided, prescribed or withheld, or any medications prescribed or administered.
The Author attempts to insure that the physicians provide prompt and timely
services in the utmost competent manner, however, each physician operates
according to their own guidelines and procedures. Therefore Author cannot
be responsible for any negligence in or disruptions in service, for untimely
service or acts of negligence (professional or otherwise) caused by the
individual physician.
OUR FEES AND PAYMENTS OF THOSE FEESS
You understand and agree that by using this site and scheduling for services to
be rendered for medical purposes subjects you to medical fees for all services
actually rendered at the prevailing market rate or those rates specifically set
by Author. All scheduled appointments are subject to a service or booking
fee that is non-refundable if canceled with 24 hours of the scheduled
appointment.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTSSS
The Site is protected by United States copyright laws. The Author hereby
reserves any and all intellectual property rights in the Site..
AGE RESTRICTION
The Site is intended for persons eighteen (18) years or older. Persons under the
age of eighteen (18) should not access, use and/or browse the Site.
INDEMNIFICATION
You agree to indemnify and hold the Author harmless from any claim or demand,
including attorneys’ fees, made by any third party as a result of (1) any
content posted or made available by you on this Site, (2) any violation of law
that occurs by you through the Site, and/or (3) anything you do using the Site
and/or the Information contained therein.
INVALIDITY
If any provision of this Agreement is held to be invalid or unenforceable in
whole or in part in any jurisdiction, then that provision shall be deemed
ineffective in such jurisdiction but shall have no effect on the enforceability
of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and your use of the Site, along with the Information contained
therein, shall be governed by and construed in accordance with the
jurisdictional laws of California in the United States without regard to
conflict of laws principles, and you agree to submit to the jurisdiction and
venue of courts in the State of California. You further agree that any claims or
causes of action arising out of or related to this Agreement and the Site, along
with the Information contained therein, shall be filed within one (1) year after
such claim or cause of action arose, or such claim or cause of action shall be
forever barred.
ENTIRE AGREEMENTENT
You hereby acknowledge that this Agreement represents the entire understanding
between you and the Author concerning your use of the Site and the Information
contained therein.
MODIFICATION
The Author may, in the Author’s sole and absolute discretion, modify the terms
and conditions of this Agreement in whole or in party at any time for any reason
without any notice to you, whether prior or otherwise. Such modified terms and
conditions shall supersede these terms and conditions and shall become binding
when published online on the Site.
WAIVER
The Author’s failure to exercise or enforce any right or provision of this
Agreement shall not be deemed to be a waiver of such right or provision.
THE SITE AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHOR
FOR INFORMATIVE PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY
ACCESSING THE SITE, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO
PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR. YOU FURTHER
ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SITE SHOULD NOT BE USED AS A SUBSTITUTE
FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE OR COUNTRY
