Terms and Conditions of use
DOCSNEARBY.COM TERMS AND CONDITIONS FOR ADVICE REQUESTS
This website and your submission of an advice request are NOT MEANT TO SERVE AS A SUBSTITUTE OR REPLACEMENT FOR A COMPLETE OR PARTIAL EXAMINATION BY A LICENSED DENTIST IN YOUR AREA.
THE INFORMATION GIVEN BY THE DENTIST IN RESPONSE TO YOUR ADVICE REQUEST AND OTHER QUESTIONS DOES NOT CONSTITUTE AN EXAM OF ANY KIND NOR IS IT A REPLACEMENT FOR A LIVE EXAM.
THE INFORMATION AND RESPONSE DOES NOT CONSTITUTE ENGAGEMENT OF THE DENTIST'S PROFESSIONAL SERVICES, NOR DOES IT MAKE YOU A PATIENT OF THE RESPONDING DENTISTS PRACTICE.
If you think a live exam is necessary, you and the responding dentist can get in touch with one another.
NEITHER THE REPONDING DENTIST NOR THIS WEBSITE MAY BE HELD LIABLE OR ACCOUNTABLE FOR ANY ADVICE AND/OR INFORMATION GIVEN VIA THIS WEBSITE OR ONLINE DISCUSSION.
THE RESPONDING DENTIST AND THIS WEBSITE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO HAVE ANY DENTAL ISSUES YOU MAY HAVE ADDRESSED BY A LICENSED DENTIST IN YOUR AREA.
The dentist who responds to your advice request is not an employee or an affiliate of the company, and the company is not responsible for any of the actions of such dentist.
DOCSNEARBY.com, LLC ("Company") provides an online service (the "Service") that enables advice requests between dentists and clients by coordinating advice requests made through its website situated at url: [www.docsnearby.com] or such other websites as Company may designate from time to time.
The following terms and conditions apply to the delivery of advise requests (each a "Advice Request" and collectively with these terms and conditions the "Agreement") made between Company and you ("you" or "Consumer") in conjunction with your use of the Service.
1. Definitions
The following definitions apply to all capitalised terms used herein but not elsewhere.
a. A consumer who uses the Service and periodically makes an Advice Request is referred to as a "Consumer" if they accept and fully comply with all of the terms and conditions.
b. "Counsel Request" refers to one or more requests for dental advice that are made available to potential Consumers through the Service and that allow a Consumer to contact a Dentist by accepting and completing such Advice Request.
c. An individual or more dentists or dental experts to whom the Company refers each Advice Request are referred to as "Dentists."
d. Any dental services or goods that are offered by dentists to clients are referred to as "dental services."
2. Requests for Advice
a. The Consumer hereby gives the Company permission and instruction to contact one or more dentists with the Advice Request.
b. Each dentist is an independent contractor, which the Consumer understands and accepts, not an employee or an affiliate of the Company.
c. Including, but not limited to, any warranty or other claims that may be made to Consumers with regard to Dentist Products, the Dentist is entirely responsible for all elements of the marketing, sale, and delivery of Dental Services and any related materials or paperwork. Consumer understands and accepts that Dentist, not Company, is the supplier of the dental services, and Dentist shall be in charge of providing dental services to Clients.
d. All information given by users of the service, including but not limited to personally identifiable data, shall be owned by the company and collectively referred to as "Data." Without additional obligation to anybody, the Company shall have the right to use the Data to direct marketing materials or other information to Consumers.
3. Responsibility Waiver
THE COMPANY SHALL NOT BE LIABLE TO CONSUMER, NOR TO ANY OTHER PERSON WHATSOEVER, FOR ANY INJURY TO PERSON (INCLUDING WITHOUT LIMITATION, ANY DENTAL MALPRACTICE CLAIM), OR DAMAGE TO PROPERTY CAUSED BY ANY DENTIST, OR THE FAILURE OF DENTIST OR CONSUMER TO TREAT ANY PROBLEMS ASSOCIATED WITH THE ADVICE REQUEST, NOR SHALL
ANY RESPONSE OR GUIDANCE FROM DENTISTS IN RESPONDING TO ADVICE REQUESTS SHALL NOT BE CONSIDERED AS IMPLICIT OR CONSTITUTIVE OF COMPANY IN ANY WAY.
4. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUC DENTALIST'S RESPONSE TIME IS NOT WARRANTED OR GUARANTEED BY COMPANY. ANY DENTIST'S QUALIFICATIONS ARE NOT WARRANTED OR GUARANTEED BY COMPANY.
CONSUMER ACKNOWLEDGES AND AGREES THAT CONSUMER IS SOLELY RESPONSIBLE FOR REVIEWING ALL QUALIFICATIONS, LICENSING AND OTHER SIMILAR MATTERS RELATING TO DENTIST.
5. Indemnity.
Consumer agrees to hold harmless and indemnify Company, Company's partners, any subsidiary or affiliate of Company, and any of their officers, directors, shareholders, partners, employees, managers, independent contractors, attorneys, and agents (collectively, the "Indemnitees") from and against any and all claims, demands, causes of action, judgments, costs and expenses, and all losses and damages (including consequential and punitive damages) arising out of or related to the Consumer's use of the Service.
Consumer must hire counsel that the Company, in its sole discretion, deems acceptable to defend any such claim, demand, cause of action, or lawsuit upon notification from the company.
Consumer hereby bears the risk of bodily injury to persons from any source as a material consideration to Company for this Agreement and hereby waives any claims against Company with respect thereto.
6. Health Concern.
Consumers should dial 911 or visit their personal doctor if they are having a medical emergency.
7. Law, location, and attorney fees
The parties agree that service of any process may be made by overnight mail (using a commercially recognised service) or by U.S. mail with delivery confirmation to the most recent address you give the company, and they also consent to this venue and jurisdiction and waive personal service of any process upon them.
8. Complete Arrangement
All past written, oral, express, or implied agreements between the parties with regard to the subject matter herein are superseded by the terms of this Agreement, which serves as their only and entire agreement.
Unless the party to be bound expressly agrees to such provision(s) in writing, neither party will be bound by, and each party specifically objects to, any term, condition, or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement), and which is proffered by such party in any correspondence or other document.
9. Be aware
Both parties must send all notices needed or permitted by this Agreement, with the exception of those stated elsewhere in this Agreement:
(a) For the Company, through express mail through an internationally renowned express mail carrier or by registered mail with return receipt requested (effective upon actual receipt); and
(b) for Consumer, at the physical address or email address indicated on the relevant Advice Request (with respect to notices sent via email, effective upon sending as long as Company does not receive an error message regarding delivery of the email, or five days after mailing).
10. Lawyer fees
The party that prevails in any dispute arising out of or relating to this Agreement and/or the Service shall be entitled to reimbursement of all costs and expenses, including without limitation, attorneys' and legal assistants' fees and costs, whether incurred prior to, following, or in connection with the filing of the lawsuit, any appeal, any bankruptcy proceedings, or any arbitration.
11. Waiver of Jury Trial
The parties specifically waive their right to a jury trial in any dispute arising from this agreement, the project, or the service.
