Terms Conditions

Doctz’ Terms of Use

Updated February 1, 2014

 

DO NOT USE THIS SITE IF YOU ARE EXPERIENCING A LIFE THREATENING OR PSYCHIATRIC EMERGENCY.

CALL 911, not us.

You won’t be happy, could possibly die or worse, still live but no doing so well.

DO NOT use Doctz.com for ANY EMERGENCY, EVER!

We have to say this because one of you out there will try to do this. Please, call 911.

 

Through Legal Terminology, Phraseology and Satire, and blinginly small print, if you haven’t noticed by now, we will explain to you the Terms that you will freely agree to and at the end, commit to a real binding agreement. The intended audience for this document is really the end-user and someone who really is intending to use our Site and our Services, well.

With that said…

Hear Ye, Hear Ye.

We Hereby Announce to the World Doctz’ Terms of Use.

The following terms and conditions constitute an agreement between you and DOCTZ, Inc. (“DOCTZ,” “our,” “we,” or “us”), who are the wizards behind DOCTZ.com (the “Site,” “System,” “Service,” or “It”). These terms of use (the “Terms of Use”) which doth govern your use of our Site, whether you’re browsing through or going to really use it as a registered user.

BY USING OUR SITE, AND BY REGISTERING WITH US OR TAMPERING WITH IT, YOUR SIGNIFYING AND ANNOUNCING TO THE WORLD THAT YOU AGREE TO OUR TERMS OF USE and can’t make up or substitute your own junk, including that you are consenting to the way information is disclosed and information is handled in our Privacy Policy, which is on our site, somewhere, and incorporated herein by the very reference of it, and that you also consent to resolve any issues in the State of CALIFORNIA, because we live here, any and all disputes that you may have with us, or the Site (really?). Please note that we offer the Site "AS IS" and without warranties.

Are you registering for someone else or yourself? If you are faking this we have a problem.  If you are registering an account or using the Site on behalf of someone or entity other than yourself, you promise, have a signed power of attorney and represent that you are so duly authorized by such individual or that entity (so odd) to accept these Terms of Use of or on such individual's or entity's (companies’ can register?) behalf and you should really keep reading this because you could be making a big mistake by registering if you’re going to act like a fool.

 

1. About Our Site

It’s so cool! Anything we do as it relates to the business services we provide on Our Site is referred to collectively as our "Service,” “Services” or “Our Bizness.”

Some of the information that’s on our Site is viewable by you and, here’s the good news, you don’t have to be a registered user with us. BUT if you are going to use it, or join and materially participate and store your basic personal information (just like Facebook which is in our opinion probably way worse), you must register as a member. Then, you will allow and authorize us the use and disclosure of your personal and the health reasons (not health records) for using the Site for purposes of allowing us to provide you the Services and as otherwise disclosed in our Privacy Policy. Ya da, ya da, ya da.

You acknowledge that although some of the “stuff,” and or “content,” or “information” that is provided to you on Our Site including stuff provided in responding to your comments or quires may, and probably will, NOT BE provided by individuals in the healthcare profession because we simply can’t afford them, the provision of such content does not create a professional relationship to or with you, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition ailment or things happening or affecting you mentally or physically. It’s really only provided to assist you with the hopes that you will find a healthcare provider that you deem appropriate, cool, nice, local and commensurate to (or is it with) the care from a qualified practitioner you are looking for.

 

2. You will GET NO Medical Advice or Information here.

This is a MARKETING site only.  Anything you read here should be taken with a grain of salt unless its referenced from or by a real expert, then again what is expertise but sophistry or art of term, right?  The content that you see or thought you saw, obtain here somehow or receive from DOCTZ, and its employees, contractors, partners, sponsors, licensors on our Site is for introductory, informational and scheduling purposes only. Any and all medical related information hopefully comes from a qualified health care professionals and organizations, not us (really). If you submit a medically related question to DOCTZ, good luck, you will get NO REPLY. This is the healthcare professionals job not ours and is ourWARNING to you.

SERIOUSLY - THE INFORMATION PROVIDED ON THE SITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH DOCTZ IS NOT INTENDED IMPLICITLY AND EXPLICITLY AS A SUBSTITUTE FOR, NOR WILL IT EVER REPLACE, LICENSED PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NEVER, NEVER, NEVER AND DO NOT DISREGARD, PROCRASTINATE AND AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR THINK YOU SAW ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. AGAIN...

 

IF YOU AERE EXPERIENCING A LIFE THREATENING OR MEDICAL EMERGENCY CALL 911.

 

BY YOUR USE OF THIS “SO CALLED INFORMATION” PROVIDED ON OUR SITE YOU UNDERSTAND IT IS SOLELY AT YOUR OWN RISK. NOTHING HERE, IMPLICITLY OR EXPLICITLY STATED, POSTED OR COMMENTED ON THE SITE OR AVAILABLE THROUGH ANY OF OUR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL / HEATLH CARE. REMEMBER, THIS A MARKETING WEB SITE ONLY.

Hey, we are not doctors so we do not recommend or endorse any specific tests, health care providers, procedures, opinions, or other information that may appear on the Site. If for any reason you rely on any of the cumulative “content” provided by the Site, you do so solely at your own risk - and that will be pretty bad. We are really serious, this is a marketing web site only for health care professionals to get noticed.

 

3. If you haven’t seen the Health Care Professional YOU HAVE No Health Care Professional Patient Relationship, duh!  

Did you actually see the healthcare professional? Or just request an appointment?  Well, if you just used Our site and requested an appointment that was accepted (even IF you paid extra for the appointment here) you still do not have a Doctor Patient Relationship.

NO CONFIDENTIAL OR LICENSED MEDICAL PROFESSIONAL PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE.  GO SHAKE THE HAND OF THE PROVIDER AND DISCUSS YOUR RELATIONSHP WITH THEM, NOT US.  NO CONFIDENTIAL OR LICENSED MEDICAL PROFESSIONAL PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH ANY OTHER COMMUNICATIONS FROM DOCTZ INCLUDING, BUT NOT LIMITED TO, FEATURES AND FUNCTIONS, LINKS TO OTHER SITES, SOME EMAILS WE MAY SEND YOU OR ANY ASSISTANCE WE MAY PROVIDE TO REGISTER YOU TO USE OUR SYSTEM. BY THE WAY, WE DO NOT HELP YOU FIND AN HEALTH CARE PROFESSIONAL OR SPECIALIST IN ANY FIELD.  THAT’S YOUR RESPONSIBILITY SO DON’T ASK.

DOCTZ, WITH RESPECT (and we rarely respect) TO PROFESSIONALS WHO MARKET ON OUR SYSTEM, WHO THEY ARE, THEIR PERSONAL QUALIFICATIONS “IF ANY,” EXPERTISE THEY ESPOUSE, QUALITY OF SERVICE OR OTHER INFORMATION CONTAINED HEREIN ABOUT THEM, WILL NOT MAKE OR CREATE ANY GUARANTEES, REPRESENTATIONS, WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHATSOEVER.  SERIOUSLY? THIS IS A MARKETING SITE PEOPLE COULD SAY ANYTHING.  FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN.  AS A MATTER OF FACT, WE SOMEWHAT RESTRICT SEARCHING OUR 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.  ESPECIALLY WHEN SOMEONE ELSE MADE IT UP.  THE CONTENT PRESENTED TO US COMES FROM THE HEALTH CARE PROVIDER.  WE DON’T MAKE THIS STUFF UP.

The Providers told us that they are and act like adults, Doctz has no control over this premise, and thus cannot and will not guarantee the availability of any Provider at any particular time or that they will conduct themselves like adults. It’s silly but health care professionals overbook sometimes and really can upset users of Doctz.  We try to tell them not to do this.  We will not be liable for cancelled,reimbursed monies or otherwise unfulfilled appointments, promises someone else makes, or any injury you incur resulting from their poor handling of your request, or for any other injury resulting from the use of the Site or Services whatsoever.  That’s between you and the professional providing you the service.  You are agreeing that you are an adult too and having registered and read our terms of service, and the conditions to which they are applied, thoroughly! And to your satisfaction are publicly announcing you are an adult and You have been strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls, sending mail or filling out annoying forms to the appropriate licensing authorities to verify the profession’s listed credentials and education(whew).  You should also verify information about any health care provider (“Provider”) by confirming with the Provider’s office, a current Provider that might know the new health care provider, any medical association appropriate to the Provider’s specialty, and your state’s medical board.  Just, do your homework to be safe.  We’re all adults.

 

4. You Hereby Understand That:

  • YOU’RE AN ADULT (funny that we have to remind you of this). RIGHT?
  • YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER AND CHOICES IN LIFE.
  • DOCTZ has a contractual agreement with the Providers not you and yours.
  • Providers must pay a fee to DOCTZ in order to appear on the Site, otherwise we would not be in business.
  • DOCTZ will NOT provide you with lists of Providers. If you found the healthcare provider using our system through an Internet search, we’re doing our job.

That’s part of the uniqueness of our System.  We only provide a summarized profile of a Provider and who may be suitable to deliver the health care that you are seeking based on information that you searched for through the Internet not our site. We will not assist you in locating a Provider at any time.  You will be able to search publicly using search criteria through the Internet like insurance information, geographical location, and specialty and services of the Provider.  Other then that, you will not get us to help you.

We limit direct and comparitve searches.  If we’ve done our job, you’ll find the health care provider on our site and you can commence with your review of the information here and other sites you were able to find with the provider’s information.

We purposely try to impede (cause impediment) your effort to look for a Provider on our Site. We disable comparisons as much as possible by not allowing a robust search of Providers who participate in Our Services. The profiles that the providers configure may also be based on other criteria but DOCTZ will never recommend, help you search, or endorse any Providers and will absolutely not make any representations, provide guarantees or warranties with respect to any Provider or the quality of services they may provide or represent they can provide - that’s what the patient verified ratings are for. To that end…

We do try to make a reasonable effort to make sure that a Provider who has subscribed to Our Services are licensed, active and or possess certifications necessary to perform and practice any specialty of the services they repotted to us and offer to patients.

Whether a provider participates or remains qualified to participate in Medicare and Medicaid is none of our business, it's theirs.  So ask them please.

DOCTZ will exclude Providers who, in DOCTZ’s discretion, have engaged in unprofessional conduct or has negative feedback from the state in which they practice, once we’ve found out about it. We don’t conduct expansive research to see everything to know about the Provider, so step off.

About Health Care Providers’ Information: Hey, make sure you do your homework.  That’s no one else’s job except yours.  The information found on Our Site is intended for reference purposes only. Provider information given to us by the Provider or may be someone on their office staff who doesn’t know the exact information. We will not confirm these data sources. DOCTZ does not provide any advice or qualification certification about any particular Provider. Our relationship with Providers is to make sure everyone has a great experience and you are encouraged to independently verify any information the present.

About Health Care Providers’ Services and Products: We are not qualified to tell you if anything the Providers are going to do will help you.  So to protect you and ourselves(ourselves mostly) we are notifying you that we make no claims about what they do, how they do it, what they use or what they give you. Buyer Beware, Caveat Emptor and do you your homework.  This is a marketing site remember?

 

5. PROTECT Your Personal Information

When you register you have to provide a valid email address and create your own password.

We’re not asking you for your Social Security! Amazing, right?  But some of the Providers have asked us to integrate their profile with THEIR (the Providers’) Paypal account to process pre-payments for THEIR Services. So talk to PAYPAL.COM if you have issues there and don’t register here if you don’t feel comfortable doing so.  So in order to register with us, you must provide some personal and basic medical information about yourself, obviously. You agree to voluntarily submit, and do hereby authorize DOCTZ, its employees, agents and others operating on its behalf, to use and disclose your personal and health information (your reason for visiting a provider) on our System, including, without limitation, who you are, your name, address, contact information, medical service requested or issue; in order to provide Our Services to you and in accordance with our Privacy Policy. Once you use our system you have agreed to our Privacy Policy.  So if you have issues with Paypal, don’t call us - talk to them as they’ve got way better lawyers than we do.  Check out their legal stuff at www.PAYPAL.COM and see if you can wiggle out paying the Provider or do it in a different way.

 

6. You Have Responsibilities.

As if you didn’t know…. there are usual and customary charges for any medical services rendered by a Provider. 

AND we do provided a way for the health care providers to request pre-payment for services, so pay for it or not, we don’t take your information or collect monies on behalf of anyone except ourselves from the health care providers on our system.  That’s between you, the Provider and Paypal.com.

AND you are responsible for any use of Our Site including use by others to whom you have given your permission to use your credentials.

You may use Our Site and Our Services for lawful purposes only. Not commercially, we do not allow this.

You agree too that you will not harm, yourself, our system or others that use it. This is a lot of ground to cover but it includes but is not limited to; Disrupting our Service whatsoever.

And in addition to our rights outlined here, we will take any legal action, proactively protect Our System,to defend against the misuse of our System and enforce our Terms and seriously bad people.

 

7. Changes to These Terms of Use. Yep, expect it.

We’re going to do this a lot.  So honestly, if you do not want to use our site… thanks for all the fish and may you be well, just cancel and be done.  But if you hang around and keep and active account you’re agreeing, in the AFFIRMATIVE, that the Terms of the Site shall be adhered to by you. Okay?

 

8. The Services WILL CHANGE

Expect it.  We’ll add some things, take some things away from the existing Services but we’ll for sure be changing them.  So the use of new services will be governed by these Terms of Use. You agree, of course, that DOCTZ is not will not be liable to you, your kin-folk, dead relatives, genetically frozen human eggs or sperm for future generations, some or any third party for any suspension or discontinuation of any of the Services.

 

9. Other Sites WE may link to.

Yep, you’ll see this.  Like the Providers’ web site, we provide these too, Facebook, Twitter, Google, and a few others. We can’t tell you what you’ll find but some of these sites may be malicious, contain materials that you find objectionable, unlawful, bad, or just plain wrong information. These are only for your convenience.  We don’t know anything about those other sites except for the ones we built and DO NOT endorse these sites (except ours of course), the products, services or information they’re providing. Remember you’re an adult so you acknowledge and agree that DOCTZ is not responsible or liable for their content or accuracy. Right?

 

10. As if there were not enough Terms.

There are some cool features we’re adding.  At the time those Services are used by you, you’ll be asked to agree to and be presented any relevant additional terms and conditions at that time. Otherwise we’d keep lawyers way too busy. You’ll have to agree to comply with such additional guidelines and rules at that time. Okay?

 

11. Spam, Spam, Spam, Spam, Spam, Wonderful Spam

Don’t do it.  Keep you’re hands to your self and leave our sites alone.  You are not allowed to solicit anyone or any Provider of service on our site.  Keep your scrappers away, your 3rd world “research” team or any other methods you have that turns OUR information into spam. We’ll shut your account off immediately and block your IP address to, like China does, AND the best part, we’ll take legal action if you or the shop you hired is accessing our site with your credentials.

 

12. Be Careful! We’d like to use the comments you’ve submitted.

So don’t say anything you will regret or get into lawsuit over.  Again, you’re an adult so act like one and be responsible for your actions, things you say and write.  You can keep your thoughts to yourself.

At our sole discretion you may have the opportunity to provide feedback as it relates to your actual meeting with the Providers of Service ONLY and that are here on our Site.  You will not be able to communicate with them on a routing basis for anything other than making an appointment.  You will not be able to submit inquiries regarding real, possible, perceived or hallucinated medical needs. 

YOU MUST ACT RESPONSIBLY if and when you are providing Comments, Posts, Feedback or Information.

When participating in offering your opinion and feedback to the entire world about the Service or service you received, DO NOT provide or post any information where some other user or Service Provider could or may be use to identify.  Your only option here is to put information that was specific to your VERIFIED encounter with the Service Provider.

If we choose to publish your Comments, Posts, Feedback or Information or any posted information on our Service it’s because you played by our rules herein. We can pull your account too for miss use or what we believe to be inappropriate.  What you’re providing is just an opinion… and if we think your opinion is a bit ripe then we will not publish it along with a warning of use if we feel nice enough to provide you one.

So, just like the grinch-looking-guy says in that story about oddly colored dyed green eggs and molded ham.. YOU ARE NOT, WILL NOT, MAY NOT, CANNOT…

YOU ARE NOT, WILL NOT, MAY NOT, CANNOT post, send or copy in any way shape or form the copyrighted material, trademarks and or other personal and proprietary data (information) so there is with no way of getting our prior written consent. Basically, don’t ask.

YOU ARE NOT, WILL NOT, MAY NOT, CANNOT give us any Information that you know is a lie, expresses, hints at or implies that such information is created by, made by published by or otherwise endorsed by DOCTZ.

YOU ARE NOT, WILL NOT, MAY NOT, CANNOT provide ANY Information that insight a riot, cause or suggest jihad, or otherwise unlawful and could potentially promotes or egg-on illegal ways and activity.

Your also telling us you understand, agree and otherwise realize that DOCTZ may (but is no way obligated to) review and delete any Information that in our pious ole judgment and the in the opinion of the guys who owns DOCTZ can, will, may, possibly or even hints at violating these Terms of Use or which might be offensive, illegal, or may violate the rights of, harm, be naughty, threaten anyone safety and any members of our System and or any other website users.

You are solely responsible for any content, information, stuff you say, comments or posts that you consciously, subconsciously or unconsciously entered into our System, and have requested us to make available, publish or shown to the world on our Site or to other users of our Service.

By logging into our Site and voluntarily, not by coercion by us, and then entering whatever information and whether you believe it or not your agreeing to, hereby do give and grant, and you is repreSenTin’(African American Vernacular English is a recognized dialect of the American English Language and therefore admissible in court) and doth warrant that you have granted, DOCTZ, its contractors, and all the users of our Site (here we go) an clear-cut, irrevocable, perpetual, sub-licensable, unequivocal, free, faux-fri, license-free, royalty-free, fully-free, fully paid up, universal and worldwide license to do whatever we legally can do with your information like… 

Copy, sample, digitally display, distribute, publicly perform and use your Comments, Posts, Feedback or Information and we probably will adapt, alter, change, derivative from, edit, modify, translate, prepare works that, or may incorporate into other things we’re doing with your Information (be careful).

This license is non-exclusive.  The ONLY exception is that you are going to agree that DOCTZ can, may, shall and will have the exclusive right to practice (use) our own license to whichever extent we feel is appropriate by and to the extent of combining, commingling, co-hosting, otherwise re-constructing your Information with and Information of other DOCTZ users for our own purposes of constructing, populating, enabling a query-able (database reference), relationship-able, searchable database of ratings and reviews with and various information related to the health care insurance, providers, users and industry.

Do you want to use our Site? Okay, you can but seriously read the “short” list below as this may affect your usage of our Site.  The list which is below this paragraph is, including without limitation, the type of content, material and communications that are explicitly and implicitly illegal, prohibited and not tolerated on our Site. If for whatever reason you insist on doing something that contradicts what we’ve just explained the we, DOCTZ, not only reserves the right to investigate and take appropriate legal action - we will.  And also in our sole discretion any person (human or corporation) who has thumbed their actual or proverbial nose at us and violates this provision (especially), including without limitation, we will remove your profile, information, the offending communication, block your Service along with others you may have conspired with… So you may not enter information that, including without limitation;

  • is a lie, wrong, intended to harm or mislead;
  • makes a person feel harassed or just bad;
  • inciting a jihad on any person, group, race, country or corporation;
  • just harassing another persons or advocating that;
  • might be pornographic, sexually explicit because we will use the test that “i know it when i see it;"
  • causing threats or one to be perceived as being threatened, just obscene;
  • oh yah, libelous (because you wrote something bad) or defamatory;

 

13. We will Use Your Content

All of the stuff and information you put into our System, including without limitation, personal information, comments, posts, reviews, location, address, phone numbers or whatever identifies you is owned by us, our licensors and will be protected under copyright, patent, trademark and trade secret laws, other proprietary rights, and treaties which are international in nature.

You agree and acknowledge that our Services and the System’s technology or software used to support the Services contain DOCTZ is proprietary.

By virtue of our graciousness we bestowed upon you the permission to use the aforementioned System and it’s content for personal, non-commercial purposes only and we do no transfer any intellectual property rights to you by virtue of permitting your use of our Services.

We’d prefer that you do not print, but if you must you may print, download, and or store user facing information from the Site only and for your own convenience, but you are in no way permitted to copy, mimeograph, distribute, xerox, republish, with the exception permitted in this paragraph only, sell, or distribute or exploit any of our content, or take for your own use our Site in whole, in part or pieces and for any personal, commercial gain or purpose whatsoever. DOCTZ, its Provider and its suppliers do not, will not, may not, could not grant you any express or implied rights even if they wanted to, and all rights in our Site and our Services not expressly granted by us here at DOCTZ to you are retained by us here at DOCTZ - of course with the exceptions as is it may be expressly and unambiguously provided herein from time to time.

 

14. Disclaimer of Warranties

We copied this from a law book then added some of our wording:

WE PROVIDE OUR SITE AND OUE SERVICES “AS IS”, “WITH ALL FAULTS” (wow and there are a lot) AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES (because it may not work right). TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO OUR SERVICES AND OUR SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT OUR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY (which they are more than satisfactory), ACCURATE, FIT FOR A PARTICULAR PURPOSE (it really is designed narrowly for this reason) OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE EFFECTIVE (but should be really good for marketing), RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS (because we’re unable to read your mind). WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS OR ANY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED (on the voluntary usage) BY USERS OF THE SITE OR ANY OTHER DATA, CONTENT OR INFORMATION PROVIDED OR RECEIVED THROUGH OUR SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, DOCTZ MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ESPECIALLY ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (so if you’re scared to use the intent, don’t use our site). DOCTZ DOES NOT WILL NOT CAN NOT WARRANT THAT OUR SITE OR OUR SERVICES WILL OPERATE ERROR-FREE (it would be amazing if it worked at all), THAT LOSS OF DATA WILL NOT OCCUR, OR THAT OUR SERVICES, OUR SOFTWARE OR OUR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS (but we try).

We owe you NOTHING and insofar as we have no relationship with or fiduciary duty to you since you are paying nothing to us - expect, nothing. So you will now acknowledge that we have no control over you or any user, and no duty or responsibility to take any action regarding, including without limitation: who or which users acquire access to our Site and or our Services; exactly the intentions or what content you’d access on our Site and or our Services; what, if any, effects the content  or information on our Site and or our Services may have on you or your loved ones; how you may or intense to interpret or use the content on our Site andor our Services; or what actions, thoughts or ulterior motives you may have and or take as a result of having been seen and or know about the content on our Site and or our Services (which is super weird when you think about it). You release DOCTZ from all liability for you, for whatever reason, having acquired or not acquired information through our Site and or our Services. Our Site and our Services may and do contain, or from time to time direct you to websites containing, information that people, for whatever their reasons, may find offensive or inappropriate (we say, whoops). We will not make any representations concerning any content you find contained in and or accessed through our Site and or our Services, and we will certainly not be responsible or remotely liable for our accuracy, compliance for copyright or trademarked material, legality or individually subjectivity and decency of material contained in and or accessed through our Site and or our Services.

Again, and as if we haven’t said it enough we make no representations or warranties regarding anyone’s suggestions or recommendations to our services or products we decided to offer or that which you may have accidentally purchased through our Site and or any of our Services.

 

15. General Limitation of Liability

We copied this from a law book too and then added some of our wording:

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES (which are $0.00), IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES OR (B) $5.00. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MONUMNETAL, COLASAL, REDICULOUS, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, OUR SITE AND OR OUR SERVICES. PAYPAL ACTUALLY COLLECTS ALL DEPOSITS FOR SERVICES AT THE REQUET OF EVERY PROVIDER WHO CHOOSES TO THIER SERVICE - SO ASK THM FOR YOUR MONEY BACK BECAUSE SECION (A) and (B) OF THIS PARAGRAPH APPLY AGAIN TO US AND WE WILL NOT GIVE YOU THE MONEY BACK THAT A PROVIDER HAS TAKEN.  THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE (REALLY, ANY EXCUSE?), COMPUTER FAILURE (BLAME IT ON THE GEEKS) OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SERIOUSLY, WE DO NOT HAVE A CRYSTAL BALL AND OUR ATTORNEYS ARE GOOD BUT COME ON. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WE’LL DO OUR BEST TO AVOID DOING BUSINESS IN THOSE STATES OF COURSE. 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". SO THOU ISCONSIDERED INFORMED. SO BEIT.

 

16. Termination

If there has been a violation of our Terms of Use or any other policies and any other terms posted on our Site - by you, for your or by someone using your Credentials we will terminate and or suspend your account immediately, without notice, cool? We most likely will cancel and suspend your registration “just because” we don’t feel like messing with troublemakers, including inactivity or non-user of our site for an extended period, and may attempt to notify you in advance if such cancellation or suspension at our sole discretion. DOCTZ shall not, will not and won’t be liable to you, your heirs or any third party for any termination of your access to Our Site and or our Services. Further, you agree not to attempt to use our Site and or our Services after any such deletion, deactivation or termination of your misused account (provided and only in the case of a deactivation due only exclusively because of account inactivity, you may, by our graciousness, re-register).

 

17. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use, or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials.

The Company shall defend, indemnify and hold harmless DOCTZ and its officers, directors, employees, subcontractors, agents, managers, owners and affiliates (collectively, “Indemnitees”) from and against any claim, demand, loss, liability, damage, your silliness or expense (collectively, “Losses”) including, without limitation, reasonable attorneysʼ fees, arising out of DOCTZʼ performance under the Agreement (except to the extent of DOCTZʼ own breach of the Agreement (right)) even if an Indemnitee has been advised of such loss our own gross negligence or intentional misconduct

 

18. Electronic Notices, Notifications, Contracts and General Notices

Your active browsing through, registering is an affirmative act of using our Site and or the Services we offer and doth constitute your electronic approval and signature to these here Terms of Use, which also includes our Privacy Policy, and of course your consent to enter into agreements with us electronically and freely of your own will.

 

19. Copyright Dispute Policy

DOCTZ herby adopts the following policy regarding infringement of our copyright in accordance with the Digital Millennium Copyright Act or DMCA (posted somewhere here at www.lcweb.loc.gov). The address of DOCTZ’s Agent of Service and whom Receive Notification of Claimed Infringement (“the so called Designated Agent") is provided at the bottom of this section somewhere.

DOCTZ Policy. Hear ye, Hear ye, DOCTZ’s policy is said to be this day and days that follow; to

(a) remove and discontinue Service to repeat offenders.

(b) deny and actively block access to and remove anything that it, in our sole discretion, and in good faith to be material that allegedly or factually been illegally copied, fenced and distributed by any Providers, affiliates, content publishers and providers, and those members or users; as well as…

Squash, those who may have knowingly provided us materials from someone else, like Copyrighted material….So, “if” you suspect that some of the information or content on our site or through our Services doth violate, infringe or otherwise just looked copied - let us know by sending a copy to, no us, but our Agent of Service as a friendly letter and not some nasty or veiled threat.  We will recognize a real effort if you would Please… send this to the attention of:

Infringement Notices or Notifications

Let us know which work, or piece or materials hath been infringed upon;

  • Identify the material in question and that is allegedly to have been infringed upon including some information about where this supposedly occurred, the stuff the owner wants us to take off our site and please, be detailed about it so we can find it as quickly as possible.
  • It would be nice to know some information about who the notifier is.  Please give us your address, telephone number and email address;
  • A paragraph about the reason why the person who is upset is trying to let us know that the material is not authorized by such copyright;
  • We need your physical, NO electronic signature, of a person authorized who feels they can act on behalf of or the owner of the material or content that been allegedly infringed here upon;
  • Another paragraph that could be used under a penalty of the perjury by the notifier that some of the information is as accurate as possible and person notifying is duly authorized to make a complaint, or just likes to complain, on behalf of the owner of said copyright.

If and when an Infringement Notices or Notifications has been received by our Agent based on our rules above in this section, DOCTZ’s policy, which is malleable:

  • will be to squash, like we said before and, remove and or disable anyone from accessing the material asap.;
  • and we’ll notify the source provider of the material or anyone that we squashed, removed and or disabled said material; and
  • that those who offend, DOCTZ will immediately terminate anything knowingly to do with that content provider, or user, or member or Provider of our service along with their account.

Also, some stuff really might be Original - but looks similar or not well cited.  If so the source provider, user, member or providers or whomever the alleged party is does believe their material was not improperly lifter, stolen or not-well-cited will prove that it disabled from our site and or is either really not infringing, or the source provider, member, user, or providers thinks that stuff posted was actually okay for them to post from the original “owner” or you know, pursuant to laws that allow for creative use of stuff, the person who wrote the alleged bad stuff should and will send a pleasant letter or notice that will include:

  • A real signature of the source provider or provider or member or person who uses our Site;
  • Using the Identity of the material where it was before and showing proof that it’s no longer there or accessible.
  • Some paragraph or statement to the effect that the source provider, member, providers or the users have made a good faith attempt that the subject matter in question was squashed and not able to be accessed; and lastly the
  • Source provider's, Providers, member's or the user's name, address, telephone number, email address and the statement that they are sorry and will permits themselves to receive a notice from the service of process from the person who provided notification of the alleged infringement. And that the alleged infringing person does agree and will consent to a jurisdiction of the Federal Court in the Source provider's, Providers, member's or the user's location, or if the content Source provider's, Providers, member's or the user's lives outside the USA, then any judicial district in which DOCTZ might choose but more likely located.

Address for Designated Agent. Please contact DOCTZ’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

  • Agent of Service, DOCTZ, LLC.
  • 2331 West Lincoln Avenue, Anaheim, California 92801 CALIFORNIA
  • Phone: (855) 993-6289
  • Email to: expensiveattorneys@DOCTZ.com

 

20. Entire Agreement

The Agreement contains the entire understanding of DOCTZ and who ever your are with respect to its subject matter and supersedes all previous agreements, understandings, discussions and negotiations between the parties with respect to such subject matter, whether written or oral. You acknowledge having read the terms and conditions set forth in the Agreement, understands all terms and conditions, and agrees to be bound thereby. Except as otherwise provided herein, no modification of or amendment to the Agreement, nor any waiver of any rights under the Agreement, will be effective unless in writing signed by the party against whom it is to be enforced. The failure of us to exercise or enforce any right or provision of our Terms of Use shall not constitute a waiver to you of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

21. Dispute Resolution

It’s Our Choice. These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of CALIFORNIA as applied to contracts made and to be performed entirely within CALIFORNIA, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of CALIFORNIA, pursuant to the rules of the Judicial Arbitration and Mediation Services (“JAMS”). The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

 

22. (a) Attorneys’ Fees, Costs, and Expenses.

DOCTZ shall be entitled to receive from you the reasonable attorneys’ and paralegals’ fees, court and arbitration costs and all other costs and expenses, real or just lame, incurred by us cause by you in any collection action, with or without litigation, to recover fees or other amounts owed arising out of the Terms of Service.

 

23. Assignment

DOCTZ may sell the company, at least we hope so, and therefore we may assign this or any contract at any time to anyone, parent, subsidiary, any affiliated company, or and we hope as part of the sale to, merger with or other transfer of our company to another entity for a lot of money. We may or may not use reasonable efforts to notify you regarding our decision for a change of ownership. You may not, can’t and will not assign, transfer or sub-license our Terms of Use to anyone else and if you’re thinking about attempting to do so would violation of this section shall be null and void.

 

24. Eligibility Clause

We looked at a few sites and pulled tougher this statement.

You must be 18 years of age or over, or an emancipated minor, or of the legal age to form a binding contract in your jurisdiction and if you are 18 years of age or older and wish to register with us or use our Site and our Services.

If you are 18 or less than the applicable legal age in your jurisdiction, you can’t use the Site or Services.If you are under the age of 18, just to be safe, you may not cannot will not be able to use our Site or our Services, even IF it is in compliance with the Children's Online Privacy Protection Act.  Just stay at home and stay off the internet.

ONLY IF a parent or legal guardian of a child under the age of 18 wishes to use our Site or our Services for the benefit or on behalf of that minor child under the age of 18. So think about this - if you are using our Site or our Services for someone under the age of 18, you are representing and creating a warranty that you are indeed the parent, person or legal guardian of that person under the age of 18 and that any and all references in our Terms of Use which refer to “you” shall refer to that child or the other person or individual for whom you have authorization to enter into our Terms of Use, for and on their behalf and benefit, and you in your so called capacity as a parent or legal guardian of that child or as the authorized party of such a young person under the age of 18. If for whatever reason you don’t think you should sign this underage person up to our Site or Service then don’t - we will terminate, void where prohibited by applicable law and thus pull your ticket and end your Membership to the Site or our Services because you were foolish enough to represent and warrant your relationship to a minor child.  Dude grow up. Our Site is mostly administered in the U.S. but because we’re cheap, India too, and really is intended for people who live in the USA.  So people outside of the USA should be warned and you are using our Site and our Services at your own risk and users are responsible (right!) for complying with wherever it is your come from when you user our Services or our Site.

 

 

Peace!

Last Updated on February 1, 2014.

Copyright (©) 2014 DOCTZ, LLC. All rights reserved.

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