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Terms of Use

ProspectiveDoctor.com is wholly owned by ProspectiveDoctor, LLC. Any agreement made between any parties and ProspectiveDoctor is essentially an agreement made with ProspectiveDoctor, LLC.

The following terms and conditions govern all use of the ProspectiveDoctor.com website and all content and services available at or through the website. The website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this site automatically.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Automatic, acceptance is expressly limited to these terms.

Without limiting any of those representations or warranties, ProspectiveDoctor has the right (though not the obligation) to, at our full discretion, (i) refuse or remove any content that, in ProspectiveDoctor’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason.

Responsibility of Website Visitors.

ProspectiveDoctor has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ProspectiveDoctor does not represent or imply that it endorses the material there posted, especially in or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ProspectiveDoctor disclaims any responsibility for any harm resulting from the use by visitors of the Website.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which ProspectiveDoctor.com links, and that link to ProspectiveDoctor.com. ProspectiveDoctor does not have any control over those non-ProspectiveDoctor websites and webpages, and is not responsible for their contents or their use. By linking to a non-ProspectiveDoctor website or webpage, ProspectiveDoctor does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ProspectiveDoctor disclaims any responsibility for any harm resulting from your use of non-ProspectiveDoctor websites and webpages.

Intellectual Property.

As a user of ProspectiveDoctor.com, we ask you to respect our intellectual property rights, and we will respect yours. If you believe that material located on or linked to by prospectiveDoctor.com violates your copyright, please send us a notice with the following information:

  • A physical or electronic signature of someone who is able to act on behalf of the copyright owner.
  • Identification of which works you believe are infringing.
  • Identification of where the copright infringement is occuring. It would be helpful to list all the URLs in which you believe copyright infringement is taking place.
  • Contact information such as name, address, and phone number. If possible, please include your phone number.
  • A statement by you claiming that you have good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
  • A statement by you claiming that all information in the notice is accurate and that you are either the copyright owner or someone who is authorized to act on behalf of the copyright owner.

Please send the information to:

ProspectiveDoctor, LLC

Attn: ProspectiveDoctor, LLC DMCA

2900 Gordon Avenue, Suite 100

Santa Clara, CA 95051

408) 220-4173

contactus@prospectivedoctor.com

Advertisements.

ProspectiveDoctor reserves the right to display advertisements on our Website, or any pages relating to your account.

Attribution

ProspectiveDoctor reserves to right to ask people to attribute work from ProspectiveDoctor if necessary.

Changes

ProspectiveDoctor reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ProspectiveDoctor may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

ProspectiveDoctor may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ProspectiveDoctor account (if you have one), you may simply discontinue using the Website.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the ProspectiveDoctor Privacy Policy, with this Agreement and with all applicable laws and regulations  (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless ProspectiveDoctor, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between ProspectiveDoctor and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ProspectiveDoctor, or by the posting by ProspectiveDoctor of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ProspectiveDoctor may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.