BY REGISTERING WITH US OR BY USING doctorcabin.com (THE "SITE") AND/OR THE SERVICES (AS DEFINED BELOW), YOU ARE AGREEING TO BE BOUND BY THESE TERMS. YOU SHOULD NOT ACCESS OR USE THE SITE OR REGISTER TO USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THESE TERMS.
The Services provided by doctorcabin enable you to use the Site to select health providers and book appointments as well as other activities that we may introduce from time to time (collectively, the "Services"). In addition, doctorcabin may, but is not obligated to, offer paid upgrades, premium services and/or paid/subscription services. In the event that such paid upgrades or services are offered, the terms by which such are offered (including prices) will be provided in connection with your registration and/or authorization for such services and such shall be automatically incorporated herein by reference. YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, DOCTORCABIN DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. Any Services, as well as the Site, can be modified, replaced or terminated at any time in doctorcabin's sole discretion, for any reason or no reason, and without notice to you.
Subject to the conditions set forth herein and prior to being able to use our Services, doctorcabin requires you to become a member and register with your valid email address and a password. You are responsible for all activities that occur in connection with your account. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. At the time of registration, you will be asked to provide certain information about yourself. Some of this information is personally identifiable information about yourself, and may include, but is not limited to, your name, email address, physical address, telephone number, and certain medical and health related information that is required in order to allow us to provide scheduling Services (collectively, "PII"). When you become a member and submit your PII, you are engaging us to maintain it for you so that you may then find health providers and communicate with your health providers about scheduling and related activities. More importantly, your doctorcabin membership is not restricted to the health providers you currently engage, and your membership continues even if you choose to no longer work with a specific provider and any time that you have no health provider connections. By registering with doctorcabin, you specifically agree to allow your PII (or someone else's PII on their behalf and from whom you have authorization to provide such information) to be securely communicated to your chosen health provider(s) in connection with our Services. You further agree that your provider may use this PII to contact you directly regarding your appointment. You agree to provide doctorcabin with your current contact information and to take all reasonable steps to promptly notify doctorcabin if and when this information changes.. We reserve the right, in our sole discretion, to terminate your account at any time, and to prohibit your access to the Site and/or the Services, for any reason or no reason and without notice to you.
"Content" means any text, images, photos, video, location data, layouts, graphics, user interfaces, logo designs, sounds, music, artwork, computer code, and all other forms of data or communication without limitation, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content. "User-Generated Content" shall mean any Content making up, or submitted or transmitted to, through or in connection with, the Site and/or the Services by a doctorcabin user, including but not limited to all health information submitted to the Site by a doctorcabin user. "doctorcabin Content" shall mean all Content making up, or submitted or transmitted to, through or in connection with, the Site and/or the Services other than User-Generated Content.
As between you and doctorcabin, all doctorcabin Content, including all intellectual property rights therein, is owned by doctorcabin. Furthermore, the doctorcabin Content is subject to a variety of legal protections, including copyright, trademark, trade dress, patent and/or contract, with all applicable rights being hereby reserved. Nothing in these Terms is intended to or shall convey to you any right or license in or to any doctorcabin Content, unless specifically provided for herein.
By contributing or submitting any User-Generated Content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner. In addition, you warrant that all rights that you may have in such User-Generated Content have been voluntarily waived by you. doctorcabin reserves the right to change, condense or delete any Content, including User-Generated Content, on the Site that doctorcabin deems, in its sole discretion, to violate the Content guidelines or any other provision of these Terms.
IN CONTRIBUTING OR SUBMITTING ANY USER-GENERATED CONTENT TO THE SITE, YOU AGREE NOT TO USE A FALSE OR MISLEADING EMAIL ADDRESS, IMPERSONATE ANY PERSON OR ENTITY, OR OTHERWISE PROVIDE ANY MISLEADING INFORMATION AS TO THE ORIGIN OF ANY CONTENT THAT YOU SUBMIT. YOU SHOULD ALSO NOTE YOUR OBLIGATIONS TO INDEMNIFY DOCTORCABIN (AMONG OTHERS) FOR THE CONTENT YOU SUBMIT AS SET FORTH IN THE INDEMNIFICATION SECTION BELOW. You hereby agree that you shall not post or provide any Content or information to or for the Site:
Doctorcabin or its licensees may publicly display third party advertisements and other information adjacent to or included with your User-Generated Content (including on the Site and in any emails sent to you in connection with the Services), and the manner, mode and extent of such advertising shall be determined in doctorcabin's sole discretion. You acknowledge that you are not entitled to any compensation for such advertisements and hereby consent to the placement, targeting and display of such advertising as partial consideration for your use of the Services.
When using one or more Services you may be exposed to materials or information that could have factual inaccuracies or omissions, or that you may consider offensive, indecent, objectionable or inappropriate. You take all risk related to such exposure and agree that doctorcabin shall in no way be liable or responsible for such exposure.
C You will have the opportunity to submit feedback regarding your experiences with doctors, dentists and/or other healthcare providers (each a "Healthcare Provider") who are featured on the Site. It is important that you act responsibly when providing this feedback. Please give clear, honest information about the Healthcare Provider and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. We reserve the right to remove feedback for any reason. We are not, however, responsible for any failure or delay in removing feedback. Keep in mind that the feedback of others is simply their opinion, should not be relied on and that it does not reflect the thoughts or opinions of doctorcabin. The reviews that you submit regarding your experiences with a Healthcare Provider are subject to the following conditions:
Membership in the Services is void where prohibited by applicable law, and your right to access the Site or the Services is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and that you will abide by all of the terms and conditions set forth herein. The Services available through doctorcabin Site are administered in the United States and are intended for United States users only.
Doctorcabin grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Site or its Content; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of doctorcabin.
Any unauthorized use of the Site and/or the Services can lead to your prohibition from the Site and potentially civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray doctorcabin in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any logo or other proprietary graphic or trademark belonging to doctorcabin, or any of its subsidiaries, affiliates, doctors, or other partners, as part of a link to the Site without first obtaining the express prior written consent of doctorcabin. doctorcabin does not guarantee continuous, uninterrupted or secure access to its Services or the Site, and you acknowledge that the operation of the Site may be interfered with by numerous factors outside of or within doctorcabin's control
Doctorcabin may provide links to the sites of Healthcare Providers, affiliated companies, partners and other third parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by doctorcabin of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. doctorcabin is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way for, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. Your use of any third party information or websites is at your own risk, and you should carefully review their privacy statements and other conditions of use. YOU ACKNOWLEDGE AND AGREE THAT DOCTORCABIN HAS NO CONTROL OVER THE BUSINESS PRACTICES OF ANY THIRD-PARTY DOCTOR OR ADVERTISER, NOR DOES IT CONTROL IN ANY WAY THE QUALITY, SAFETY OR LEGALITY OF ANY SERVICE PROVIDED THROUGH AN ENTITY LISTED ON THE SITE OR ANY BUSINESS TRANSACTION THAT OCCURS AS A RESULT OF PRODUCTS OR SERVICES LISTED ON THE SITE.
Due to the communications standards on the Internet, when you visit the Website we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your ISP. This information is used to analyze overall trends to help us improve our Service. The linkage between your IP address and your personally identifiable information shall not be shared with any third-parties without your permission, except when required by law.
THE SITE AND THE SERVICES, ALONG WITH ANY MATERIALS OR INFORMATION OBTAINED FROM DOCTORCABIN, ARE TO BE CONSIDERED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCTORCABIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. FURTHER, WHILE DOCTORCABIN MAKES EVERY EFFORT TO ENSURE THE ACCURACY AND RELIABILITY OF ITS CONTENT, WE BEAR NO RESPONSIBILTY FOR ANY LOSS, COST OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY INACCURACIES, ERRORS OR OMISSIONS OR OBJECTIONABLE CONTENT CONTAINED THEREIN. DOCTORCABIN ALSO DOES NOT AND CANNOT GUARANTEE THAT THE SITE, ITS SERVERS, E-MAILS SENT FROM DOCTORCABIN, OR ANY OTHER MATERIALS PROVIDED BY DOCTORCABIN WILL BE FREE OF VIRUSES, SPYWARE, MALWARE OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCTORCABIN SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREFROM IS SOLELY AT YOUR OWN RISK. DOCTORCABIN DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS EITHER WITHIN OR OUTSIDE OF DOCTORCABIN'S CONTROL, AND DOCTORCABIN SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OF THE FOREGOING.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCTORCABIN DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE AND/OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCTORCABIN MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES, INCLUDING BUT NOT LIMITED TO, THE PROVISION OF ANY HEALTHCARE SERVICES, PROVIDED BY OR REVIEWED ON THE SITE OR ATTAINED AS A RESULT OF USING THE SITE AND/OR THE SERVICES.
DISCLAIMERS REGARDING THE PROVISION OF HEALTHCARE ADVICE.
DOCTORCABIN IS NOT A PROVIDER OF HEALTHCARE SERVICES AND DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT OR ADVICE. NOTHING CONTAINED ON THE SITE OR THROUGH THE SERVICES IS INTENDED TO CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE OR TO OTHERWISE CREATE A PATIENT–MEDICAL PROVIDER RELATIONSHIP BETWEEN DOCTORCABIN AND YOU. THE INFORMATION PROVIDED ON THE SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR PERSONAL PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL SYMPTOMS OR A HEALTHCARE CONDITION. NEVER DISREGARD PROFESSIONAL HEALTHCARE ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IF YOU NEED OR HAVE ANY REASON TO BELIEVE THAT YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, YOU ARE DIRECTED NOT TO USE THE SERVICES OR THE SITE BUT INSTEAD TO CALL 911 OR GO TO THE NEAREST HOSPITAL. DOCTORCABIN DISCLAIMS ANY RESPONSIBILITY FOR, OR LIABILITY RELATED TO, THE USE OF THE SITE AND/OR THE SERVICES AND ANY ADVICE RECEIVED IN CONNECTION THEREWITH. ANY QUESTIONS, COMPLAINTS OR CLAIMS SHOULD BE DIRECTED TO THE APPROPRIATE HEALTHCARE PROVIDER. DOCTORCABIN DOES NOT WARRANT THAT DOCTOR DESCRIPTIONS, QUALIFICATIONS, EDUCATION, EXPERTISE OR LICENSING, OR THAT ANY APPOINTMENTS, INFORMATION, EDITORIAL COMMENTARY OR ANY OTHER CONTENT OF THE SITE, REGARDLESS OF ITS SOURCE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SITE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT BY DOCTORCABIN OF ANY HEALTHCARE PROVIDER, SERVICE, PROCEDURE OR ANY REVIEWS OR COMMENTS THEREOF, REGARDLESS OF THE SOURCE OF SUCH REVIEW OR COMMENT. DOCTORCABIN ASSUMES NO LIABILITY FOR INACCURACY OR INCOMPLETENESS IN ITS SEARCH RESULTS, EDITORIAL CONTENT, USER REVIEWS OR OTHER CONTENT ON THE SITE. DOCTORCABIN MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION CONTAINED OR PROVIDED THROUGH THE SITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE PROFESSIONAL QUALIFICATIONS, QUALITY, EXPERTISE, EDUCATION, CERTIFICATIONS, LICENSING OR SUITABILITY OF ANY OF THE HEALTHCARE PROVIDERS OR OTHER THIRD PARTIES LISTED AS PART OF THE SERVICES OR THE SITE. IN NO EVENT SHALL DOCTORCABIN BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU OR ANY OTHER PERSON OR PARTY FOR ANY ACTION TAKEN BY YOU OR SUCH THIRD PARTY BASED IN WHOLE OR IN PART ON THE INFORMATION CONTAINED ON THE SITE OR AS PART OF THE SERVICES. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY HEALTHCARE PROVIDER OR OTHER INDIVIDUAL OR ENTITY DESCRIBED ON THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
LIMITATION OF LIABILITY.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SERVICES. IN NO EVENT WILL DOCTORCABIN BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, MEDICAL MALPRACTICE, NEGLIGENCE OF PROVIDERS UTILIZED THROUGH THE SITE OR THE SERVICES, OR ANY OTHER PECUNIARY LOSS, IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR IN CONNECTION WITH A DISPUTE REGARDING ANY OF THESE TERMS, EVEN IF DOCTORCABIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE ACTION IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NOTWITHSTANDING THE ABOVE, SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, AND THE FOREGOING MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DOCTORCABIN"S LIABILITY SHALL NONETHELESS BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "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".
RELEASE OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE DOCTORCABIN ENTITIES FROM ANY AND ALL CLAIMS, DAMAGES OR LIABILITY OF ANY KIND WHATSOEVER WITHOUT LIMITATION, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATED TO THE SITE AND/OR THE SERVICES, INCLUDING (I) ANY DISPUTES BETWEEN YOU AND A HEALTHCARE PROVIDER OR OTHER INDIVIDUAL OR ENTITY LISTED ON THE SITE, AND (II) ANY THIRD PARTY'S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THESE TERMS, AND (III) ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
Doctorcabin disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). doctorcabin will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include doctorcabin removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to doctorcabin regarding matters other than informing doctorcabin that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
To provide such a notification, written notice must be submitted to email@example.com
To be effective, your infringement notification must include the following:
Upon receipt of a Counter Notification containing the information outlined in (1) through (4) above, the DMCA provides that the removed material will be restored or access re-enabled and doctorcabin will comply with this requirement within a reasonable time (or as otherwise required by law), provided that the Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Posting User from engaging in infringing activity relating to the material on doctorcabin's network or system.
These Terms shall continue to have full force and effect unless and until terminated in writing by you or by doctorcabin. doctorcabin may terminate, suspend or restrict any provision of these Terms at any time in its sole discretion and without notice to you.
You may request to have your account terminated by sending a written notice to doctorcabin at firstname.lastname@example.org . Upon receipt of such notice, doctorcabin will make all commercially reasonable efforts to remove your User-Generated Content from its systems and/or disable public access to same; however, you acknowledge and agree that, due to the distributed nature of the Internet and digital technology generally, not all such information and materials can be "deleted" in every manner desired (for example, items may persist in cached or backup copies made during the course of day-to-day operations).
Doctorcabin may, from time to time, send you pertinent information about the Services or other offerings which may be of interest to you and to them. You consent to receive such communications as part of using the Services. You may "opt-out" of these communications at any time by sending an email to email@example.com; however, note that doctorcabin will still send communications that are needed to provide Services to you, such as a response to a password or customer support request and that you cannot opt out of these communications.
In the event of any termination of your account and these Terms, whether by you or us, any provision of these Terms that logically extends beyond such termination shall continue in full force and effect to the fullest extent necessary to enforce any rights obtained or obligations incurred hereunder.
Nothing contained in these Terms is meant or intended to confer any rights, remedies or benefits upon any third party.
From time-to-time, doctorcabin may make use of certain "open source" software components or programs in order to provide Services to you. Where applicable, you consent to the use of any such items. You also acknowledge and agree that such components or programs were created by third parties not owned or controlled by doctorcabin, and that doctorcabin does not, simply by virtue of their use or integration into any Service, make any guarantees or warranties regarding their quality or authenticity.
By using our Services you consent to transact business with doctorcabin electronically.
Notices to doctorcabin can be sent emailed to firstname.lastname@example.org: