You agree to provide true, accurate and complete information to us and on all registration and other forms you access on the Site, and to update such information to maintain its truthfulness, accuracy and completeness. You must not provide misleading information about your location, education, certifications, eligibility to practice medicine or compliance with federal and state regulations. You must not register as more than one Healthcare Provider without express written permission from EZ Doctor (except more than one individual or entity may register as part of a Group Provider Account). Upon Account registration, and from time to time thereafter, your account may be subject to verification as well as editorial and feedback reviews.
You may, and are encouraged to, post information relating to your services on a Profile provided to you on the Site. We also encourage you to submit general information, articles and other materials that Users of our Site may find useful, answer questions, and contribute comments and other posts to the Site. It is solely the responsibility of you, the Healthcare Provider, to ensure that any information you post or place on the Site, and any communications you may have with the public, patients or prospective patients through the Site and the services you provide, fully comply with all applicable laws and rules of professional conduct, including those concerning the patient confidentiality, the unauthorized practice of medicine and regulations governing the form, manner or content of communications with the general public, patients and others.
If you post content to the Site, unless we indicate otherwise, you grant EZDOCTOR and its affiliates a nonexclusive, royalty-free, perpetual, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any media.
You represent and warrant that (a) you own and control all of the rights to the content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
The Site contains public feedback from Users. You acknowledge that feedback results for you may consist of comments and ratings left by Users and that EZDOCTOR may post some or all of these comments and ratings and may calculate a composite or average “rating” for Healthcare Providers feedback number based on these individual ratings. EZDOCTOR doctors agree to be rated by Users along several criteria, as determined by EZDOCTOR. EZDOCTOR provides its feedback and rating system as a means through which Users can express their opinions publicly, and EZDOCTOR does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to EZDOCTOR’s attention. By law, EZDOCTOR is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to (a) leaving feedback for yourself, using a different username; (b) leaving fake or inaccurate feedback for another User or Healthcare Provider; (c) soliciting Users to leave fake or inaccurate feedback; (d) threatening to leave negative feedback to induce another person to perform a task not required by the under this or related Agreement; (e) withholding services to induce another person to leave positive, negative, or no feedback regarding you or another Healthcare Provider or User; (f) soliciting feedback such as offering services in exchange for good feedback, trading feedback undeservedly or buying feedback.
In order to protect the integrity of the feedback system and protect Users from abuse, EZDOCTOR may investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:
You agree not to circumvent the scheduling or payment methods offered by the Site. For example, you may not solicit parties identified through the Site to contact or hire you outside the Site; (b) accept solicitations from parties identified through the Site to contact, provide services, schedule appointment, or receive payment outside the Site.
You agree to notify EZDOCTOR immediately if another person improperly contacts you or suggests circumventing the payment methods of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to EZDOCTOR by sending an email message to email@example.com
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming in accordance with the terms of the Site. You agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of EZDOCTOR and any appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (g) collect or harvest any personally identifiable information, including account names, from the Site; (h) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (i) directly or indirectly, advertise or promote another website, product, or service.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine or mechanism, through or to the Site or the Site software, that is designed to cause to cease functioning, disrupt, disable, harm or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of, or to allow you or any other person to access, or damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations of or on, the Site or any other software, firmware, hardware, computer system or network of EZDOCTOR or any third party.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Name of Agent: Eric Cogen Address: 3800 Inverrary Blvd Suite 209 Fort Lauderdale, FL 33319 Telephone Number: 954-337-1418 Facsimile Number: 954-337-0479 Email: firstname.lastname@example.org
We may give notice of a claim of copyright infringement to our Healthcare Providers and Users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
By registering with this Site, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided under this Agreement. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your registration information on the Site or by contacting Customer Support. Should you fail to promptly advise us of any change in your email account, EZDOCTOR shall not be liable for any injury or loss resulting from a failure to provide you with a notice under this Agreement or the Terms of Service.
You authorize EZDOCTOR to assume that any person using the Site with your username and password either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your registration or unauthorized access to or misuse of your password.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to EZDOCTOR, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to EZDOCTOR. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself.
To the extent permitted by applicable law, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates. Capitalized terms not defined in this Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.
Healthcare Provider agrees that during the term of this Agreement and thereafter, except as expressly authorized in writing by EZDOCTOR, Healthcare Provider (a) will not use or permit the use of Confidential Information (as defined below) in any manner or for any purpose not expressly set forth in this Agreement; (b) will not disclose or permit others to disclose any Confidential Information to any third party without first obtaining EZDOCTOR’s, a prospective patient’s or patient’s express written consent; and (c) will limit access to Confidential Information to personnel who need to know such information in connection with providing the Healthcare Provider Services to Client. “Confidential Information” means all information related to a patient’s or prospective patient’s medical condition(s) or records.
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
This Agreement, and the Healthcare Provider’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the Healthcare Provider without EZDOCTOR’s prior written consent, and any attempt to subcontract, delegate or transfer in violation of the foregoing will be voidable by EZDOCTOR.
You agree to defend, indemnify and hold harmless EZDOCTOR, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any information, advice, or other content you post, provide, store or otherwise transmit on or through the Site or your use of or inability to use the Site or our services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the information or materials you provide, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida (even if your use is outside of the State of Florida), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Broward County, expressly consent to the personal jurisdiction and venue in the state and federal courts for Broward County, Florida, and consent to the transfer of any legal action arising under the terms of this Agreement into a State or Federal Court in Broward County, Florida.
This Agreement and any registration for or use of the Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and EZDOCTOR, except and solely to the extent expressly stated in the Terms of Service.
Users and EZDOCTOR healthcare providers acknowledge and agree that the value, reputation, and goodwill of the Site depends on their performance of their covenants and agreements in their User and Healthcare Provider Agreements. Users and Healthcare Providers therefore appoint EZDOCTOR as a third-party beneficiary of these Agreements for purposes of enforcing the obligations owed to, and the benefits conferred on, EZDOCTOR by these Agreements. Users and Healthcare Providers further agree that EZDOCTOR has the right to take such actions with respect to these Agreements or their registrations, including without limitation suspension, termination, or legal actions, as EZDOCTOR in its sole discretion deems necessary.
EZDOCTOR allows Healthcare Providers to set their own hourly rate, at their discretion. EZDOCTOR collects deposits from Users, and distributes payment from these deposits to Healthcare providers, retaining a percentage of the fees incurred by the Users. Healthcare Providers consent to receiving payment from EZDOCTOR on behalf its Users subject to EZDOCTOR’s right withdraw its compensation prior to or simultaneously with.
Notwithstanding any of these Site Terms, EZDOCTOR reserves the right, without notice and in its sole discretion, to terminate this Agreement, and to block or prevent your access to and use of the Site. EZDOCTOR reserves the right to refuse service to anyone for any reason at any time.
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
If you have any question regarding the use of the Site, please refer first to the Terms of Service. All other questions or comments about the Site or its contents should be directed to Customer Service at email@example.com or call us at 888-262-7187.
(Last Updated on/Effective date January 1, 2015)