HEALTH CARE PROFESSIONAL AGREEMENT - Doctor's Term-Conditions
This Health Care Professional Agreement was last revised on February 16, 2017.
This Health Care Professional Agreement ("Agreement") applies to all users who identify themselves as health care professionals on the website JustHealthExperts.com and any other affiliated websites owned or controlled by JustHealthExperts LLC (collectively "JustHealthExperts.com").
JustHealthExperts LLC, a Colorado limited liability company, provides the JustHealthExperts.com site and related services subject to your compliance with the terms and conditions set forth below.
By clicking "I Agree," you and any entity you are an owner or agent for (collectively "You") confirm that You have read the Agreement, that You understand the terms and conditions, and that You agree to be bound by them.
2. DUTY OF DISCLOSURE
2.1 Disclosure of Complete and Accurate Credentials. All documentation or information concerning your education, professional experience, qualifications or other credentials ("Credential Information") you provide to JustHealthExperts LLC or any user of JustHealthExperts.com must be complete and accurate. Providing false or misleading information to JustHealthExperts LLC or any user is a material breach of this Agreement.
2.2 Duty to Maintain and Update Credentials. You have an ongoing and continuing duty to maintain and update all Credential Information. When any Credential Information you have previously provided to JustHealthExperts LLC has changed you must update your information within thirty (30) days.
2.3 Liquidated Damages. You agree that it would be impracticable and extremely difficult to ascertain the number of actual damages caused by your failure to provide true and accurate Credential Information as required under Section 2.1 and 2.2 of this Agreement. Therefore, You agree that in the event you violate Sections 2.1 or 2.2 that you shall pay JustHealthExperts LLC liquidated damages in the amount of five thousand dollars ($5,000) for each violation. You further agree that this liquidated damages provision represents reasonable compensation for the loss which will be incurred to the reputation and goodwill of JustHealthExperts LLC due to any such breach. You further agree that nothing in this section is intended to limit JustHealthExperts LLC's right to obtain injunctive and other relief as may be appropriate.
3. SERVICES PROVIDED BY JUSTHEALTHEXPERTS.COM
3.1 Advertising Services. JustHealthExperts.com provides advertising and communication services for health care professionals to exchange information with users.
3.2 Fees. The fees charged by JustHealthExperts LLC are for use of its advertising and communications services. JustHealthExperts LLC fees are not "commissions" or "fee splitting." JustHealthExperts LLC does not refer your patients, but simply provides a platform for users of its site to find you. In essence, the service is like a high tech yellow pages. You understand and agree that there is no guarantee that any user will decide to use your services.
3.3 No Relationship Created. Nothing contained in this Agreement shall be construed as creating any partnership, joint venture, agency or employment relationship between you and JustHealthExperts LLC.
3.4 Responsibility. You are responsible for your actions when using the JustHealthExpert.com website. You are responsible for any information you provide a user. JustHealthExperts LLC does not directly or indirectly practice medicine or dispense medical services as part of this site.
4. ACCESS AND TERMINATION
4.1 Use of Account. You must always use your own account. You may never use another's account. You must never allow anyone else to use your account.
4.2 Responsibility for Account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JustHealthExperts LLC immediately of any breach of security or unauthorized use of your account. Although JustHealthExperts LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JustHealthExperts LLC or others due to such unauthorized use.
4.3 No Automated Systems. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers" that accesses JustHealthExperts.com. You agree not to collect or harvest any personally identifiable information, including account names, from JustHealthExperts.com, nor to use the communication systems provided by JustHealthExperts.com for any commercial solicitation or illegal or improper purposes.
4.4 Termination of Agreement. You agree that JustHealthExperts LLC, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of JustHealthExperts.com (or any part thereof), immediately and without notice, and remove and discard any content within JustHealthExperts.com, for any reason, including, without limitation, if JustHealthExperts LLC believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that JustHealthExperts LLC shall not be liable to you or any third-party for any termination of this Agreement or of your access to JustHealthExperts.com. Further, you agree not to attempt to use JustHealthExperts.com after said termination.
5. YOUR COMMUNICATIONS
5.1 The JustHealthExperts.com website may permit the submission of text, audio, video, or other content submitted by you ("Your Communications") and the hosting, sharing, and/or publishing Your Communications.
5.2 Your Communications include, but are not limited to, communications with any user of JustHealthExperts.com, and health care information you provide while using JustHealthExperts.com, profile submissions, comment postings, and any other interactive area of JustHealthExperts.com.
5.3 By posting, submitting or uploading Your Communications to any area of JustHealthExperts.com, you automatically grant, and you represent and warrant that you have the right to grant, to JustHealthExperts LLC an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Your Communications and to prepare derivative works of, or incorporate into other works, said Your Communications, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to JustHealthExperts.com, you automatically grant JustHealthExperts LLC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Your Communications by any party for any purpose.
5.4 You acknowledge that the interactive features on JustHealthExperts.com are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to JustHealthExperts.com. JustHealthExperts LLC cannot guarantee the security of any information you disclose through JustHealthExperts.com. You make such disclosures at your own risk.
5.5 By posting Your Communications to JustHealthExperts.com or by using chat, a commenting feature, or other interactive areas of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to JustHealthExperts LLC any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly answers a user's question.
(i) You will not post or transmit any software or computer files that contain malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
5.6 When posting Your Communications, you agree never to use a third-party agent, service, or intermediary that offers to post Your Communications to JustHealthExperts.com on your behalf ("Posting Agent"). Posting Agents are not permitted to post Your Communications on behalf of others, to cause Your Communications to be so posted, or otherwise access JustHealthExperts.com to facilitate posting Your Communications on behalf of others, except with express written permission from JustHealthExperts LLC
5.7 JustHealthExperts LLC reserves the right to modify or discontinue, temporarily or permanently, its website, including its interactive features, product reviews, comments (or any part thereof) with or without notice at any time. You agree that JustHealthExperts LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
5.8 You are and shall remain solely responsible for any and all The Communications you make through JustHealthExperts.com. You acknowledge that any information you disclose through JustHealthExperts.com becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on JustHealthExperts.com. Any such disclosures are at your own risk.
5.9 JustHealthExperts LLC does not pre-screen Your Communications submitted and JustHealthExperts LLC has no duty to monitor any interactive area of its website. Although we may monitor or review Your Communications from time to time, we do not actively monitor Your Communications of the interactive areas and we are not under any obligation to do so. You are solely responsible and liable for the content of Your Communications, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. JustHealthExperts LLC may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any of Your Communications.
5.10 You acknowledge that by participating in any interactive area, blog, comment section, or forum on this website, you are granting JustHealthExperts LLC the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to JustHealthExperts LLC, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
5.11 You must not describe or assign keywords to your Your Communications, in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and JustHealthExperts LLC may change or remove any description or keyword that it considers inappropriate or unlawful in JustHealthExperts LLC's sole discretion.
6.1 You agree to defend, indemnify and hold harmless JustHealthExperts LLC, its affiliated companies, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) your use of and access to the JustHealthExperts.com website;
(b) any allegation involving another user of the JustHealthExperts.com website;
(c) any claim involving you from any board, governmental or quasi-governmental authority;
(d) any claim of medical malpractice involving you;
(e) any claim of fraud involving you;
(f) your participation in any interactive area of the JustHealthExperts.com website including the forums, videos, and comment sections and any material posted by you thereto;
(g) your violation of any term of this Agreement;
(h) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(i) your violation of any law, rule or regulation of the United States, any state, or any other country;
(j) any claim that one of your Your Communications or any submission posted using your account caused damage to another third party.
(k) any other party's access and use of JustHealthExperts.com with your account.
6.2 This defense and indemnification obligation will survive the Termination of this Agreement and your use of the JustHealthExperts.com website.
7. GOVERNING LAW / DISPUTES
7.1 Based in Colorado. You agree that the JustHealthExperts.com website shall be deemed solely based in the State of Colorado
7.3 Disputes. Any dispute, claim or controversy arising out of or relating to the JustHealthExperts.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Denver, Colorado, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses.
7.4 Damages. We will not be liable for any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the JustHealthExperts.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss).
This Agreement and any rights and licenses granted hereunder may be assigned by JustHealthExperts LLC without restriction. This Agreement is personal to you and no portion of this Agreement may be transferred or assigned by you.
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