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Terms Of Use

LICENSED APPLICATION END USER LICENSE AGREEMENT

 

The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

 

a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

 

c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

 

d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.

 

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

 

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

 

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

 

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

 

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

 

i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

 

 

 

Terms of Service

 

Table of Contents

 

A. The Terms

1. Acceptance of Terms

2. Definitions

3. Electronic Communications and Right to Modify Terms

 

 

B. The Website/App

4. SpeakWothDoc Site/App Is a Venue; Third-Party Content

5. Posts Not Private or Confidential; Anonymity

6. Verification; No Reliance on Term “Expert”

7. Information Not Advice; No Client-Professional Relationship

 

 

C. User Account

8. User Accounts; Restricted Activities; Suspension or Termination of Service

9. Charges and Refund Policy

10. Receipt of Special Offers and Other Communications

 

 

D. Legal Statements

11. Release

12. Proprietary Rights of Content

13. No Endorsement of Non-SpeakWothDoc Entity; No Relationship with Users

14. Information Control and Storage

15. Exclusion of Warranties

16. Limitation of Liabilities

17. Indemnification

18. Press Release Information

19. Choice of Law and Forum

20. Agreement; Assignment; Miscellaneous

 

 

A. The Terms

1. Acceptance of Terms
Welcome to SpeakWithDoc(“Service” or “Site” or “App”) owned and operated by SpeakWithDoc Inc., (“SpeakWithDoc”). By clicking “I Agree” on the account registration or payment page or using the Site/App in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy and Expert Agreement for Experts (collectively “Related Agreements”), and all rules, policies and disclaimers posted on the Site/App or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, do not use the Site/App. Please review all of the Terms carefully before using the Site/App.

By using the Site/App, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.

 

2. Definitions
In the Terms, “User,” “you” and “your” refer to the individual or entity that creates a SpeakWithDoc account as a Customer and/or Expert. “SpeakWithDoc,” “we,” “us” and “our” refer to SpeakWithDoc. “Customer” refers to the person who asks a question on the Site/App. “Expert” refers to the person who answers a question on the Site/App.

 

3. Electronic Communications and Right to Modify Terms
When you visit SpeakWithDoc.com or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site/App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your SpeakWithDoc account profile, your current and active email address.

SpeakWithDoc may change, revise or modify any of the Terms at any time by posting them on the Site/App. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective thirty (30) days after notice to User, either via email from support@speakwithdoc.com to your email address on file with SpeakWithDoc or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the SpeakWithDoc website/app. If you specifically agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site/App. The latest Terms will be posted on the Site/App, and you should always review them prior to using the Site/App.

 

B. The App

4. SpeakWithDoc Is a Venue; Third-Party Content
The SpeakWithDoc App and Site are venues for informational and educational purposes to allow Customers to ask questions and Experts to answer them. Users of the Site/App, not SpeakWithDoc, provide the content in Posts (defined below). The Experts determine which questions to answer; Experts are not employees or agents of SpeakWithDoc but are, like Customers, simply Users of the Site/App.

SpeakWithDoc is not involved in the conversation between Customers and Experts and does not refer Customers to or endorse or recommend particular Experts. You acknowledge that SpeakWithDoc cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Accordingly, SpeakWithDoc is not liable for any acts or omissions of Experts, content in Posts, the ability of Experts to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Expert will complete a transaction. Notwithstanding the foregoing, SpeakWithDoc reserves the right, but is not obligated, to refuse to post or to remove any content.

EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site/App is not the appropriate venue to deal with such situations.

 

5. Posts Not Private or Confidential; Anonymity
The Site/App is an Internet-based forum (akin to a modern version of a radio call-in program) and information submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site/App (collectively “Posts”) is not private or confidential, nor is it protected by doctor-patient privelege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com, your questions, answers, and other Posts on SpeakWithDoc.com that relate to the search may appear in the google.com search results list). To better protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts. On the other hand we make the best effort to ensure the communications via the Site/App is encrypted and HIPAA compliant. This effort is made even though there is no physician-client relationship established.

 

6. Verification; No Reliance on the Term “Expert”
Every Expert on the Site/App has had at least one credential relevant to the category in which they are answering questions verified by a third-party verification service, unless the Expert is answering questions in the Premium Account category. Other information about an Expert, not shown as verified, has been provided by the Expert but has not been verified. Use of the term “Expert” by SpeakWithDoc and on the Site/App is only meant to describe Users who answer questions on the Site/App, and not to guarantee any particular level of expertise of these Experts.

SpeakWithDoc contracts with third-parties to perform the verifications described above; SpeakWithDoc does not itself verify the credentials of the Experts. The results of the verifications are only as accurate as the information provided to and by the third-party verification services, as of the time of the providing of information to and by the third-party verification services. SpeakWithDoc makes efforts to verify, including using a third-party identity verification service, but cannot warrant or guarantee, a User’s purported identity; user identification on the Internet is difficult. For these reasons, SpeakWithDoc cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Experts. SpeakWithDoc will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.

 

7. Information Not Advice; No Client-Professional Relationship
Answers on this Site/App are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, etc.) advice. Experts will provide only general information about the question, and will not provide medical advice nor propose a specific course of action for a User. By answering questions, Experts do not form physician-patient relationships with Users of the Site/App. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

No professional-client relationships shall be formed on the Site/App.

Communications on this Site/App are not confidential and shall not be the subject of any associated privileges. Communications on this Site/App are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

Before you can interact with an Expert, you will be required to accept that expert, thereby consenting to be bound by these Terms and Conditions.

 

C. User Accounts

8. User Accounts; Restricted Activities; Suspension or Termination of Service
User Accounts. When you download this App, you will establish your profile and password for access to your historical and personal information. You are responsible for maintaining the confidentiality of your profile, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify SpeakWithDoc of any unauthorized use of your password or account. You should only create one account on the Site/App. If any SpeakWithDoc account of yours has been suspended or terminated, you may not open another account on the Site/App.

You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active SpeakWithDoc accounts.

Restricted Activities. You agree that any content you provide on the Site/App and your use of our Site/App shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (SpeakWithDoc has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with iSpeakWithDoc or the Site/App; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site/App without SpeakWithDoc’s prior written consent.

You are prohibited from soliciting Users of this Site/App, including Experts, for any purpose (including inviting other Users to contact you off of the Site/App or inviting Users to participate in a website or App that competes with iSpeakWithDoc or the Site or charges money to receive answers or to communicate with purported Experts or specialists).

Suspension or Termination of Service. If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to support@speakwithdoc.com. Cancellations will be effective within 7 business days. Any fees accrued as of the effective date of termination will be payable according to the Terms.

At any time, without notice, for any or no reason, SpeakWithDoc reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.

 

9. Charges and Refund Policy
SpeakWithDoc’s platform allows you to post your questions to Experts in your questions’ categories, facilitates communication with Experts via chat, emails and online message boards, and enables delivery of answers to your questions, among other services (“Site/App access benefits”). Customers on the Site/App may be presented with one, two or three payment models: (1) pay-per-question model, (2) reduced price subscription model, and (3) subscription model.

Pay-Per-Question. With the pay-per-question model, you accept the price presented  for the Site/App access benefits related to a single question. Once you have selected the price and paid the amount, your question can be represented to the Expert on SpeakWithDoc. Experts typically respond quickly, either with a request for further information or with an answer. With requests for further information, it is important that you take advantage of the opportunity to communicate directly with the Expert so the Expert can benefit from your further information in providing the answer.

Once you receive an answer from an Expert, you will be asked whether you found the answer to be helpful and would like to approve or disapprove the Expert. You are requested to approve the Expert if you found the answer to be helpful (as determined by you in your sole discretion). By approving the Expert, you are instructing and authorizing that a portion of your payment be paid to the Expert instead of to SpeakWithDoc. By submitting more than one question and accepting the price, you are authorizing SpeakWithDoc to charge your payment source (for example, the credit card or PayPal account you provided to SpeakWithDoc) multiple times and instructing and authorizing that a portion of each of your payments be paid to the Expert instead of to SpeakWithDoc. For example, if you submit two questions and accept the price, your payment source will be charged twice the price.

SpeakWithDoc does not guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert. In the rare instance that no Expert responds at all to your question within thirty (30) days, you will not be charged for submitting the question.

SpeakWithDoc takes customer satisfaction seriously. Accordingly, if you do not accept an answer and are not satisfied with your experience on SpeakWithDoc for any reason, then as your sole remedy you may request a refund within thirty (30) days of when you paid to ask your question on SpeakWithDoc here or by sending an email to Customer Service (available 24 hours a day, 7 days a week) at support@speakwithdoc.com. If you do not request a refund within thirty (30) days of your payment, SpeakWithDoc is not required to provide you a refund for any reason and shall be entitled to retain the full amount of your payment as compensation for providing the Site/App access benefits related to your question.

Subscription. Subscriptions allow customers to receive Site/App access benefits for discounted questions on the Site/App for a monthly, quarterly or annual recurring fee. Each subscription period, subscription customers are automatically charged the subscription fee, which is placed in the Subscription Customer Pool (account of all subscription customers’ subscription payments). As a subscription customer, once you receive a helpful answer (as determined by you in your sole discretion), you are requested to click on the “Approve” button, which authorizes payment from the Subscription Customer Pool to the Expert. If you do not find an answer helpful for any reason, then as your sole remedy you may disregard the answer and not accept it. At the end of each subscription period, any portion of your subscription fee remaining in the Subscription Customer Pool will be paid to SpeakWithDoc as compensation for the Site/App access benefits to which you were entitled during the subscription period. Within thirty (30) days of your subscription payment, you may cancel your subscription and request a refund of your subscription fee minus any monies already paid to Experts upon your acceptance of their answers. If you agree to a subscription and then later agree to a different subscription, the terms of the later selected subscription will apply and your earlier selected subscription will be cancelled. Subscription customers will be bound by the Subscription Details so please be sure to review them carefully.

 

Experts are ineligible to participate in the SpeakWithDoc subscription program as are their immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households (persons, whether related or not, who lived in the same residence as an Expert for at least three months during the twelve-month period preceding the start of the subscription).

If we believe, in our sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, we will continue to investigate the situation until we have adequate resolution, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. We will make commercially reasonable efforts not to exceed a ninety days hold on your account as we and/or a third-party investigate.

Refunds and Special Programs. If requested within the thirty (30) day time period specified above, you may request a refund pursuant to the refund policies above. Once you have accepted an answer or the thirty (30) days have elapsed, however, you have no right to a refund.

SpeakWithDoc maintains the right to initiate special incentive, pricing, membership, and other programs. These may be limited, at SpeakWithDoc’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into customer accounts by SpeakWithDoc for use towards answers on the Site/App remain the property of SpeakWithDoc (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site/App or in an email to a User, will be usable only for thirty (30) days.

 

10. Receipt of Special Offers and Other Communications
By accepting this Agreement, you are agreeing to receive coupons, special offers, and other communications from SpeakWithDoc per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your SpeakWithDoc profile.

 

D. Legal Statements

11. Release
Users are responsible for their acts and omissions and content placed on the Site/App. Because the SpeakWithDoc Site/App is a venue, in the event that you have a dispute with one or more Users, you release SpeakWithDoc (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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.”

 

12. Proprietary Rights of Content
You acknowledge that SpeakWithDoc and its licensors and suppliers own the rights to SpeakWithDoc.com and the iSpeakWithDoc App and the content displayed on the Site/App other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the www.SpeakWithDoc.com website or the iSpeakWithDoc App, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by SpeakWithDoc, SpeakWithDoc Users, or SpeakWithDoc Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site/App, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site/App. The posting of information or materials on the Site/App does not constitute a waiver of any right in such information and materials.

You agree that Posts on the Site/App, materials, ideas, comments and testimonials you submit on the Site/App or other venues, including but not limited to the SpeakWithDoc blogs, the SpeakWithDoc page on www.facebook.com/speakwithdoc, the SpeakWithDoc venue on www.twitter.com/speakwithdoc, or to the Site/App administrator or any employee, officer or agent of SpeakWithDoc (“User Content”), will not be considered confidential and may be used by SpeakWithDoc, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that SpeakWithDoc owns, and has the right to register in its name, trademarks and service marks for any category names that you create on SpeakWithDoc, so do not use a category name that you want to reserve for your own benefit. SpeakWithDoc may use other trademarks or service marks in lieu of the category names that you create.

You grant to SpeakWithDoc a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.

 

13. No Endorsement of Non-SpeakWithDoc Entity; No Relationship with Users
SpeakWithDoc may endeavor to offer to its Users products and services offered by non-SpeakWithDoc entities. Placement of information, logos, links or names of such non-SpeakWithDoc entities on the Site/App does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold SpeakWithDoc harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and SpeakWithDoc or between any User (including Customers and Experts) and SpeakWithDoc by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site/App. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE/APP, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE/APP. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

 

14. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site/App. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site/App, you agree to accept such risks and that SpeakWithDoc is not responsible for the acts or omissions of Users on the Site/App.

The amount of storage space per User is currently limited. You agree that SpeakWithDoc is not responsible or liable for the deletion or failure to store content and/or other information.

 

15. Exclusion of Warranties
SPEAKWITHDOC SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE/APP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. SPEAKWITHDOC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE/APP OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPEAKWITHDOC DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE/APP WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES WILL SPEAKWITHDOC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE/APP, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE/APP, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE/APP. USE OF THIS SITE/APP IS AT USERS’ SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPEAKWITHDOC OR THROUGH OR FROM SPEAKWITHDOC SERVICES SHALL CREATE ANY WARRANTY.

 

16. Limitation of Liabilities
IN NO EVENT SHALL SPEAKWITHDOC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE/APP, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE/APP AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SPEAKWITHDOC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

You and SpeakWithDoc agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.

 

17. Indemnification
You agree to indemnify and hold SpeakWithDoc, any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site/App.

 

18. Press Releases and Third-Party Press About SpeakWithDoc
The Site/App may contain press releases and other information about SpeakWithDoc. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by SpeakWithDoc. Likewise, third-party press about SpeakWithDoc or the Site/App should not be relied upon as being provided or endorsed by SpeakWithDoc.

 

19. Choice of Law and Forum
CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions.

DISPUTES; DISPUTE RESOLUTION. All disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the Site/App (“Dispute”), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the User’s email address on file with SpeakWithDoc, or (b) legal@speakwithdoc.com, whichever is applicable (“Dispute Notification”); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association (“AAA”) (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at US$50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration (by telephone, online and/or solely based on written submissions as chosen by the party initiating the arbitration, as allowed by the AAA Rules and unless otherwise agreed by the parties), with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.

IMPROPERLY SUBMITTED CLAIM. All Disputes must be resolved as set forth above. Disputes filed in a different manner shall be considered improperly filed, and shall entitle SpeakWithDoc to attorneys’ fees and costs up to US$1000, provided that SpeakWithDoc has notified you in writing (at the email address on file with SpeakWithDoc will suffice) of the improperly filed claim, and you have failed to withdraw the claim promptly.

NO CLASS CLAIMS; WAIVER. The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Site/App users or otherwise asserting claims on behalf of a class (“Waiver”). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the courts located in Kings County, New York courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.

 

20. Agreement; Assignment; Miscellaneous
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any SpeakWithDoc employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of SpeakWithDoc), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, and the Expert Agreement and Privacy Policy will prevail for Experts, over other Terms of the Site/App; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site/App. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. SpeakWithDoc’s failure to exercise or enforce any of the Terms shall not constitute a waiver of SpeakWithDoc’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

You agree that SpeakWithDoc may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for many reasons, including but not limited to because your interaction with other users of the Site/App the pricing offered, and fraud mechanisms in place, are based upon individual usage. SpeakWithDoc shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by SpeakWithDoc. No delay or omission on the part of SpeakWithDoc in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Sections 5, 9 (with respect to amounts remaining in your account as of termination), 10, 12, 15, 16, 17, 19 and 20 above will survive any termination of this Agreement.

 

Privacy Policy

Privacy and other Policies

We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website. We recognize the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.

What Information Do We Collect?

When you visit this web site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.

1. Personal Information You Choose to Provide: Registration Information

When you register for any of our services or newsletters you will provide us information about yourself. Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.

2. Web Site Use Information

Similar to other commercial Web sites, our Web site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site.

How Do We Use the Information That You Provide to Us?

Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customize our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs. Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law. Occasionally, we may also use the information we collect to notify you about important changes to our Website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter or the email address on our contact us page.

What Are Cookies?

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.

How Do We Use Information We Collect from Cookies?

As you visit and browse our Web site, the site uses cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from having to log in more than is necessary for security. Cookies, in conjunction with our Web server’s log files, allow us to calculate the aggregate number of people visiting our Web site and which parts of the site are most popular. This helps us gather feedback to constantly improve our Web site and better serve our clients. Cookies do not allow us to gather any personal information about you and we do not intentionally store any personal information that your browser provided to us in your cookies.

Cookies and Web Beacons

We do use cookies to store information, such as your personal preferences when you visit our site.  This could include only showing you a popup once in your visit, or the ability to login to some of our features, such as forums. We also use third party advertisements to support our site.  Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed.  This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites). DoubleClick DART Cookie
.:: Google, as a third party vendor, uses cookies to serve ads on your site.
.:: Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
.:: Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL – http://www.google.com/privacy_ads.html Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include ….
Google Adsense
 These third-party ad servers or ad networks use technology to the advertisements and links that appear on our site send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies ( such as cookies, JavaScript, or Web Beacons ) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see. We do not have access to or control over these cookies that are used by third-party advertisers. You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. Our privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. Deleting cookies does not mean you are permanently opted out of any advertising program.  Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.

IP Addresses

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you. Sharing and Selling Information We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested. What About Legally Compelled Disclosure of Information? We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public. What About Other Web Sites Linked to Our Web Site? We are not responsible for the practices employed by Web sites linked to or from our Web site or the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site. Please remember that when you use a link to go from our Website to another web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including web sites, which have a link on our Website, is subject to that Web site’s own rules and policies. Please read over those rules and policies before proceeding. Your Consent By using our Web site you consent to our collection and use of your personal information as described in this Privacy Policy. We reserve the right to amend this privacy policy at any time with or without notice.

Choice/Opt-In/Opt-Out

This site allows visitors subscribe to our feeds.  Visitors may unsubscribe so that they will not receive future notifications. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

A Special Note About Children

Children are not eligible to use our services unsupervised and we ask that children (under the age of 14) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians. Acquisition or Changes in Ownership In the event that the web site (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred. Policy Modifications We may change this Privacy Policy from time to time. If/when changes are made to this privacy policy, we will email users who have given us permission to do so. We will post any changes here, so be sure to check back periodically. However, please be assured that if the Privacy Policy changes in the future, we will not use the personal information you have submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent

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