XpertDox website (this "Site") is provided by XpertDox, LLC ("XpertDox," "we" or "us") for the benefit of the users of its website ("You," "Your" and "Yourself"). XpertDox collects data and other information regarding hospitals and doctors from a variety of sources. XpertDox uses proprietary processes and algorithms to select, compile and adjust certain data to generate scores of the doctors and hospitals ("Scores"). On this Site, XpertDox makes available Scores, lists based on specific criteria, including without limitation, in the form of search results (“Lists”), and other information, profiles and materials regarding doctors and hospitals (collectively with the Scores and Lists, the "Site Materials").
This user agreement ("User Agreement") governs your access to and use of this Site and the Site Materials and constitutes a binding agreement between you and XpertDox. Please note that we reserve the right, at our sole discretion, to change this User Agreement from time to time. Your continued use of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the new User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS. BY CLICKING ON "I AGREE," OR BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT: (A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT; (B) YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN XPERTDOX AND YOU OR YOUR ENTITY, AS APPLICABLE; AND (C) IF ACCESSING, USING OR BROWSING THIS SITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (COLLECTIVELY “USER AGREEMENT ACCEPTANCE”). IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT SELECT THE 'I AGREE' BUTTON ASSOCIATED WITH THIS USER AGREEMENT AND DO NOT ACCESS, USE OR BROWSE OUR SITE; XPERTDOX DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS SITE OR THE SITE MATERIALS.
XpertDox is not a referral service and does not recommend or endorse any particular doctor or hospital. Rather, XpertDox is an automated algorithm incorporating limited number of variables to match a doctor or hospital to the search term. Given a number of unknown aspects of a doctor or hospital that cannot be quantified, we do not claim to offer advice regarding the quality or suitability of any particular doctor or hospital for specific treatments or health conditions, and no information on this Site should be construed as health or medical advice. You should obtain any additional information necessary to make an informed decision prior to utilizing services from any specific doctor or hospital. Use of the Site is provided "as is, where is," as an accommodation, and without warranty of any kind, nor does XpertDox provide any warranties of any kind in respect of any goods and services provided to users of the Site (unless otherwise expressly stated in writing in the relevant terms and conditions of sale). XpertDox expressly excludes any express or implied warranty of title, merchantability, fitness for a particular purpose or non-infringement in respect of the Site or any links to the Site. In no event shall XpertDox be liable for damages of any kind incurred by you as a result of any inaccuracy or error in the information provided on the Site, any deficiency, error or interruption in the Site, or any deficiency, defect or failure to the Site. XpertDox shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data or equipment arising out of your reliance on the information provided on the Site and the use or inability to use the Site, even if XpertDox has been advised of the possibility of such damages. Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the Site or any goods or services offered for sale on the Site shall be to request that XpertDox correct the matter or, if XpertDox fails to do so, to discontinue use of the Site at your option. In no event shall XpertDox's liability exceed an amount equal to all fees paid by you to XpertDox in connection with your use of or access to the Site.
Upon your User Agreement Acceptance, XpertDox grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Site and the Site Materials, and to copy, download, store and/or print only a single copy of any Site Materials, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. With respect to any permitted copy of the Site Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such Site Materials on any such copy. XpertDox reserves all rights not expressly granted to you herein; there are no implied licenses under this Agreement. The license granted to you in this User Agreement is expressly conditioned on your continued compliance with this User Agreement. Please note that XpertDox, in its sole discretion, may change this User Agreement from time to time and your continued access, use or browsing of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement to the changed User Agreement.
As between you and XpertDox, all right, title and interest in and to the Site and the Site Materials, including without limitation the Scores, and systems and methodologies used to create or display the Lists, together with all intellectual property rights embodied therein, are the property of XpertDox or XpertDox's Affiliates. The Site and Site Materials are protected by law, including but not limited to the U.S. and international copyright law, trademark law, trade secret law, as well as other state, federal, and international laws, regulations and treaties (collectively, "IP Laws"). XpertDox does not claim any rights in unaltered government data.
You agree not to engage in any activity that would constitute copyright infringement with respect to the Site Materials, including without limitation the Scores, Lists and/or the systems and methodologies used to create or display the Scores and Lists. You acknowledge that XpertDox selected, compiled, arranged and adjusted data and information regarding doctors and hospitals and the Scores are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to XpertDox. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Site Materials or any portion thereof without XpertDox's prior written consent. By way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of this Site or any Site Materials (including, but not limited to, any Scores or Lists), in whole or in part, in any form or by any means. Also by way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, use any of the Scores or Lists for any purposes other than your personal, non-commercial evaluation of doctors and hospitals, to compile mailing lists or other lists of doctors/hospitals for commercial purposes, to establish independent data files or compendiums of statistical information or in violation of any applicable laws or regulations. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "XpertDox" without our prior written permission.
Further, you agree not to engage in any activity that would constitute unfair competition or trademark infringement in connection with the Site Materials, including, without limitation, the Scores. You acknowledge that XpertDox™ and XpertMatchTM (collectively, "XpertDox Marks") are trademarks of XpertDox. You acknowledge that XpertDox actively and extensively uses and promotes the XpertDox Marks and that there is substantial goodwill associated with the XpertDox Marks. You agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Scores, Lists and XpertDox Marks in any manner likely to deceive or cause confusion in the marketplace. You understand and agree that, due to the nature of XpertDox's products and services, any unauthorized citation, reproduction or re-publication of the Scores or Lists and use of any of the XpertDox Marks is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by XpertDox, misappropriate XpertDox's reputation, goodwill business opportunities and revenues, or otherwise misappropriate the cachet of XpertDox's products and/or services; thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Scores, Lists and XpertDox Marks without the prior written permission of XpertDox and you hereby waive any right to assert any "nominative fair use" or "nominative use" defense in any trademark or copyright infringement action brought against you in the event that you do cite, reproduce or re-publish the Scores, Lists or XpertDox Marks without the prior written permission of XpertDox. You further acknowledge that other names and logos contained in this Site or in the Site Materials are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner(s).
The Scores and Lists constitute confidential and valuable proprietary compilations owned by XpertDox. You will protect the confidentiality of (and not disclose to any person) the Scores or Lists for three (3) years from the date you accessed such information, by using at least the same degree of care as you use to protect your own confidential information, but no less than a reasonable degree of care. Your disclosure of information contained in the Scores pursuant to a judicial or administrative order will not be deemed to be a breach of this User Agreement, provided that you provide timely written notice of such order to XpertDox and reasonably cooperate with XpertDox efforts to contest or limit the scope of such order. Any breach of the foregoing confidentiality obligation will cause XpertDox irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of this Agreement, XpertDox will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (a) show any actual damage or irreparable harm; (b) prove the inadequacy of its legal remedies; or (c) post any bond or other security.
Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an e-mail to firstname.lastname@example.org" to inquire about the possibility of alternative arrangements regarding the Scores and Lists.
This User Agreement will take effect at the time you click "I Agree" or access, use or browse this Site or any Site Materials. We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to this Site, the Site Materials or any portion thereof; (b) to change, remove or discontinue the Site or any portion thereof, or any of the Site Materials or services available on or through this Site; or (c) to terminate this User Agreement. Upon termination of this User Agreement, all licenses granted to you under this User Agreement immediately and automatically terminate and you may no longer access, browse or otherwise use this Site, the Site Materials or any portion thereof.
This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.
Some of the Site Materials, including but not limited to, certain healthcare information, product reviews, news, data, research, analysis and opinions, are provided by independent information providers ("IIPs"). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs. Moreover, any private information you deliver to third parties accessed through a link at the Site will be held subject to the privacy policies of that third party, and not XpertDox.
The use of the Site by any entity or individual to verify the credentials of doctors is prohibited. The database of doctor information that drives the Site does not contain sufficient information with which to verify doctor’s credentials under the standards of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), National Committee for Quality Assurance (NCQA) of the Utilization Review Accreditation Committee (URAC).
Any and all materials (other than information given in connection with registration, which shall be treated as set forth in other provisions of this User Agreement), including without limitation suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site or any Site Materials ("Submissions") are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.
You represent and warrant to XpertDox that:
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither our Affiliates nor we are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
Should you elect to send or receive e-mail communications of any kind to or from XpertDox, you represent and warrant to XpertDox that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You further agree that the content (including any Site Materials) in any e-mail or other electronic communication you receive from XpertDox is subject to the provisions of this User Agreement.
We reserve the right to view, monitor and record activity on this Site without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires it; (b) if such disclosure is necessary or appropriate to operate this Site; or (c) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Site. We are committed to complying with all applicable U.S. and foreign laws and regulations, including without limitation copyright and related laws, and expect all Users of this Site to comply with all applicable laws and regulations as well. Using this Site to transmit any Proscribed Materials is expressly prohibited under the User Agreement.
If it comes to our attention, we discover or we are notified of an allegation that this Site or a Submission contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Site. Notices to us regarding any alleged violation of this User Agreement or copyright infringement on this Site should be directed to XpertDox at the following e-mail address: email@example.com.
You absolve and release us and our Affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of your private health information that you have provided to third parties through links on our Site.
This Site and the Site Materials are provided on an "as is" and "as available" basis, and are intended for informational purposes only. While we endeavor to provide the most accurate, up to date information available, the Site Materials may contain technical or other inaccuracies or typographical errors, and may be changed or updated without notice.
To the fullest extent permissible pursuant to applicable law, we disclaim all warranties of any kind, either express or implied, including, but not limited to: (a) any warranties concerning the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of this site, the site materials, or any products, services or results obtained on or through this site; and (b) any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. We make no representations or warranties of any kind, express or implied, that this site or any site materials will assist you in identifying a suitable doctor or hospital or for any other purpose. We do not represent or warrant that this site will be uninterrupted, error-free, or free of viruses or other harmful components, or that defects, if any, will be corrected. You expressly agree that your use of this site and the site materials is entirely at your own risk.
Further, we expressly disclaim any and all responsibility and liability with respect to separate agreements you may make with doctors/hospitals or with third parties who offer products or services on or through this site, and you will look solely to such doctors/hospitals and third parties with respect to any and all claims arising out of such agreements and/or such products or services.
Neither our affiliates nor we will be liable for any damages resulting from your use of, or reliance upon, this site, any site materials, or any products or services obtained on or through this site. In the event of any problem with this site, any site materials, or any products or services obtained on or through this site, your sole remedy is to cease using such item(s).
Under no circumstances will we or our affiliates, or any of our or their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors or assigns, be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including, but not limited to, lost profits and damages that result from inconvenience, delay, or loss of use) arising out of use of this Site, any Site Materials, arrangements made based on information obtained on or through this Site, or products or services obtained on or through this site, even if we or they have been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.
You will defend, indemnify, and hold harmless XpertDox and our Affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) your use of this Site, any Site Materials, or any products or services obtained on or through this Site, (b) any arrangements you make based on information obtained on or through this Site or (c) any breach by you of this User Agreement.
Regardless of the jurisdiction in which you work or reside, this User Agreement is made in the State of Delaware, and will be construed and enforced in accordance with Delaware law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Delaware, and except and to the extent that the Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule applies to any health-related information you provide to XpertDox (in which case such HIPAA Privacy Rule governs), the privacy laws of the State of Delaware will govern.
Any action arising out of the content of this site, your use of the site materials or your unauthorized citation, reproduction or re-publication of any site materials or use of any XpertDox marks, or any action to enforce this user agreement will be brought only in the federal or state courts presiding in Delaware, USA, and you expressly agree to be subject to the jurisdiction of such courts. Use of this site is limited solely to persons who agree to resolve any and all disputes pertaining to this site in the federal and state courts of Delaware, and such an agreement is an express condition to use of this site.
This Site is controlled and operated by XpertDox from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
Notices to you may be posted on the Site or sent to the e-mail address that you provide to us when you register, as XpertDox deems appropriate. Such notice will be deemed given on the day the notice is posted on the Site or one business day after the e-mail is sent.
If you have any questions about this User Agreement, the Site or the Site Materials, or if you need to notify us, then contact us at firstname.lastname@example.org or at the following address:XpertDox, LLC
f you believe that any content, posting, Submission or other materials or information displayed on or provided through the Site, including through a link, infringes your copyright, then you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with an email at email@example.com (please use subject line “DMCA Notice”). See 17 U.S.C. § 512 for more information. To be effective, the notice must be in writing and contain the following:
You may also contact us by mail at Attention: Copyright Agent, 1500 1st Ave N, Suite B111 Birmingham, AL 35203, or by email: firstname.lastname@example.org.
Any communication sent to the Copyright Agent or to email@example.com for any purpose other than communication about copyright infringement may not be answered. XpertDox may terminate the accounts of repeat infringers under appropriate circumstances.
If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Your name, physical address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in the state of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
You may also contact us by mail at Attention: Legal Department, 1500 1st Ave N, Suite B111 Birmingham, AL 35203, or firstname.lastname@example.org. By submitting a valid notice of infringement, you agree that we may provide your request to the user who posted the material addressed in your notice. Upon receipt of a valid notice of intellectual property infringement, XpertDox may remove or disable access to the allegedly infringing content in its sole discretion. XpertDox may terminate the accounts of repeat infringers under appropriate circumstances.
No waiver of any provision of this User Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect, and the parties will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. No joint venture, partnership, employment or agency relationship exists between you and XpertDox as a result of this User Agreement or your use of this Site or any Site Materials. This User Agreement constitutes the entire agreement between you and XpertDox with respect to your use of this Site and the Site Materials, and supersedes any and all prior understandings or agreements between you and XpertDox, whether written or oral. You acknowledge that, in providing you access to and use of this Site and the Site Materials, we have relied on your User Agreement Acceptance.