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Terms Of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Terms of Service") apply exclusively to your access to, and use of, the Web site of EZ Appointments, LLC. dba EZDoctor.com ("EZDOCTOR"), located at www.EZDOCTOR.com (the "Site") and the information and other services provided therein (the "Services"). If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and EZDOCTOR for violations of these Site Terms.
EZDOCTOR reserves the right to change or modify any of the terms and conditions contained in these Terms of Service or any policy or guideline of the Site, at any time and in its sole discretion. EZDOCTOR will provide notice of these changes by posting the revised terms on the Site and indicating on the Site Terms the date it was last updated. The revised Terms of Service will also be posted to the EZDOCTOR Site. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
Definitions
As used in this Agreement and the other Terms of Service, the following terms have the meanings given below, unless otherwise defined or required in context:
"Account" means the EZDOCTOR account you open when you register to become a Healthcare Provider and use the Site Services, and all Team Accounts added to that Account.
"Agreement" means this agreement and is part of and incorporates by reference all terms, conditions, rules, policies and guidelines on the Site, including the Terms of Service.
"EZDOCTOR," "we" or "us" means EZDOCTOR, LLC, a Delaware corporation, except where otherwise specifically stated.
"Healthcare Provider" means a Healthcare Provider that offers and delivers services or identifies a Client through the Site. The term "Healthcare Provider" includes without limitation a Healthcare Provider that becomes a Payroll Employee.
"Healthcare Provider Services" means all services performed for or delivered to Clients by Healthcare Providers.
"Healthcare Provider" means a person or legal entity that registers for an Account.
"Site" means the domain and all subdomains of EZDOCTOR.com and any mobile or web services or applications owned, controlled, or offered by EZDOCTOR.
"Site Services" means all services that are accessible through the Site whether provided by EZDOCTOR, an Affiliate or a third party except a Healthcare Provider. Site Services includes the Third-Party Services but excludes Healthcare Provider Services.
"Third-Party Services" means all services that are accessible through the Site but delivered by third parties, not EZDOCTOR or its Affiliates. The term Third-Party Services does not include EZDOCTOR Services or Healthcare Provider Services.
"Third-Party Sites" means all websites, Third-Party Services and resources linked to the Site.
"User" means a person who is a patient, prospective patient, or member of the general public using or visiting the Site.

1. Privacy Policy

Please refer to our Privacy Policy for information on how the EZDOCTOR collects, uses and discloses personally identifiable information from its users.

2. No Doctor-Patient Relationship

Information posted or made available on or through the Site, including without limitation any responses to medical questions posted on EZDOCTOR’s Site, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information is not intended as medical advice or to create a Doctor-Patient relationship between you and any Healthcare Provider. Such medical information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with a doctor licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to doctor-patient privilege.

3. Information on the Site

EZDOCTOR does not select, screen, approve, endorse or limit who can post healthcare information, including those who contribute responses to EZDOCTOR Q&A and EZDOCTOR Guides ("Contributors"). Designation as a Contributor at a particular level is based solely on the number of contributions made and user ratings as to helpfulness of such contributions and does not reflect any endorsement or approval by EZDOCTOR. In addition, although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such Professional Information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Professional Information or the qualifications of those posting Professional Information.

EZDOCTOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON PROFESSIONAL INFORMATION IS SOLELY AT YOUR OWN RISK.

4. Third Party Content

EZDOCTOR may provide links to Web pages and content of third parties as a service to those interested in such links and content, and EZDOCTOR may post third party content or allow users to post their content or third party content to the Site including without limitation Professional Information. EZDOCTOR does not monitor or have any control over any Third Party Content or third party Web sites. EZDOCTOR does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. EZDOCTOR does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk.

5. Third Party Services

The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties, including without limitation information related to professional services. EZDOCTOR is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, EZDOCTOR makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and EZDOCTOR assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and EZDOCTOR is not responsible or liable for any Third-Party Services. Without limiting the generality of the foregoing, imagery, information and services from Google Maps is supplied by Google, Inc., and your use thereof is subject to the applicable Google terms of use agreement.

6. Intellectual Property

A. Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the EZDOCTOR logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of EZDOCTOR or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any professional listings, pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of EZDOCTOR, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

B. Copyright Complaints

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: David Marsidi Address: 3800 Inverrary Blvd Suite 209 Telephone Number: 954-337-1418 Facsimile Number: 954-337-0479 Email: support@ezdoctor.com

We may give notice of a claim of copyright infringement to our 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.

C. Trademarks

EZDOCTOR, the EZDOCTOR logo and any other product or service names or slogans contained in the Site are trademarks of EZDOCTOR and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of EZDOCTOR or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "EZDOCTOR" or any other name, trademark or product or service name of EZDOCTOR without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of EZDOCTOR and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

D. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, EZDOCTOR has adopted a policy of terminating, in appropriate circumstances and at EZDOCTOR's sole discretion, subscribers or account holders who are deemed to be repeat infringers. EZDOCTOR may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

E. Suggestions and Comments

You may submit suggestions or comments about the Site, including without limitation about how to improve the Site or our services. By submitting any such suggestions or comments, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place EZDOCTOR under any fiduciary or other obligation, that your suggestions or comments do not contain the confidential or proprietary information of third parties, and that we are free to use the suggestions or comments without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, EZDOCTOR does not waive any rights to use similar or related ideas known or developed by EZDOCTOR or obtained from sources other than you.

7. Hyperlinks

You may only create links to the Site for noncommercial purposes, provided such link does not portray EZDOCTOR, its Healthcare Providers and Users any of its products and services, or any professional or professional services entity in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an EZDOCTOR logo or other proprietary graphic of EZDOCTOR to link to this Site without the express written permission of EZDOCTOR. Further, you may not use, frame or utilize framing techniques to enclose any EZDOCTOR trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without EZDOCTOR's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of EZDOCTOR or any third party.

EZDOCTOR makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of EZDOCTOR and EZDOCTOR is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. EZDOCTOR provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by EZDOCTOR of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

8. Disclaimers and Acknowledgments Regarding Use of Site Information

THE SITE, THE SITE MATERIALS (INCLUDING ANY PROFESSIONAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EZDOCTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. EZDOCTOR DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. EZDOCTOR DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

While EZDOCTOR endeavors to provide and to allow others to provide useful information regarding professionals and professional services, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that professional and other information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Site Materials, such as EZDOCTOR Ratings and Professional Information), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that an EZDOCTOR Rating and the other information contained in a professional's profile, such as descriptions of a professional's areas of practice or specialization, and other data, summaries or descriptions on the Site, are based on the data obtained by or submitted to EZDOCTOR, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to EZDOCTOR. An EZDOCTOR Rating reflects the EZDOCTOR's assessment of a given professional, based upon the information obtained by or submitted to EZDOCTOR; someone else's assessment of the same professional may be different or based upon different information. Neither EZDOCTOR Ratings, Professional Information nor any of the other information contained on the Site or provided through the Services, are an endorsement of any particular professional or are a guarantee of a professional's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such professional is involved. The information provided on this Site is intended to be a starting point to gather information about professional who may be suitable for your legal needs, but you should not rely solely on such information in deciding whether to hire any given professional. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any professionals you are considering hiring. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any professional you hire.

EZDOCTOR IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION PROFESSIONAL PROFILE INFORMATION OR PROFESSIONAL INFORMATION. WHILE EZDOCTOR ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, EZDOCTOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.

EZDOCTOR reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any professionals, professional service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by EZDOCTOR.

9. Limitation of Liability

IN NO EVENT SHALL EZDOCTOR OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF MEDICAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM EZDOCTOR OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EZDOCTOR'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF EZDOCTOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EZDOCTOR FOR ACCESS TO OR USE OF THE SITE OR EZDOCTOR SERVICES.

10. Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to EZDOCTOR, or any postings on the Site, are non-confidential and shall become the sole property of EZDOCTOR. EZDOCTOR shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. User Posted Content & Other Interactive Services or Areas

The Site includes areas in which users may post content and information, including without limitation peer and client ratings and reviews, messages, questions and answers, guides, comments, data, text, photos, graphics or other materials (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree to comply with the all applicable rules and regulations, and you further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

1. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a professional with whom you have not had direct, personal experience in a professional context or as a client of such professional;

2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;

3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;

4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;

6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;

8. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and

9. User Content that, in the sole judgment of EZDOCTOR, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose EZDOCTOR or its users to any harm or liability of any type.

EZDOCTOR takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is EZDOCTOR liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the User Content or conduct rules set forth in these Site Terms is solely at EZDOCTOR's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, EZDOCTOR is not liable for any statements, representations, responses, comments or other User Content provided by its users in any review, rating, forum, question, answer, guide or other Interactive Area. Although EZDOCTOR has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, EZDOCTOR reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

12. Questions & Contact Information

If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should be directed to Customer Support at support@ezdoctor.com or call us at (888) 262-7187

Revisions

(Last Updated on/Effective date January 1, 2015)