By using this site, you signify your assent to these Terms and Conditions of Use including all Additional Terms, as further defined below (collectively referred to as the “Terms”). If you do not agree to the Terms, do not use the Services, which are further defined below, which include this site and any of the materials or information related to it. If you are agreeing to the Terms on behalf of a company or other entity, you represent and warrant that you have the authority to do so, that the company or entity will be responsible for all use by any individual on behalf of the company or entity, that such individual shall remain individually responsible for his or her use, and that such company or entity agrees to, and is hereby bound by the Terms, and in such a case the term “you” shall mean the individual as well as the company or entity, its affiliates, parents and subsidiaries.
2.1 No Medical Advice. Treatment for any health condition is not provided through the Services and should not be administered without a proper medical examination conducted by a medical professional considering the person’s complete and overall medical condition, history and other information. Although some of the Content and other information available on or through the Services may be provided by individuals in the medical profession, or related to healthcare, you acknowledge that the provision of the Services does not create a medical professional/patient relationship, does not constitute medical advice, and is not an opinion, diagnosis or treatment of any particular condition. My Urology Doc does not recommend or endorse any specific test, doctor, health care provider, medication, procedure or other information that may appear on or in the Services. Your use of the Services and Content is at your own risk. The Services, including, without limitation, Content, blogs, graphics, images, studies, and other information of My Urology Doc, its licensors and other third parties, are not medical advice, and are intended for informational purposes only.
2.2 Medical Emergencies. If you think you may have a medical emergency, you should call your doctor or 911 immediately. The Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
3.1 Use of the Site. Conditioned upon your compliance with the Terms, My Urology Doc grants you a non-exclusive, limited, license to access the Site, for its intended use only, and only for your personal, noncommercial use.
3.2 Use of Content. Conditioned upon your compliance with the Terms, My Urology Doc grants you a non-exclusive, limited, license to view, and if intended for and made available for download, to download a single copy of Content from My Urology Doc Site, solely for your personal, noncommercial use.
5.2 My Urology Doc’s Retention of Rights. You acknowledge that as between you and My Urology Doc, My Urology Doc owns and retains all rights, title and interest in and to the Services and Content, including, without limitation, all Intellectual Property rights therein, and nothing in the Terms confers any license to any Content or Intellectual Property by implication, estoppel, or otherwise. “Intellectual Property” means patents, copyrights, trade secrets, trademarks (including trade names, logos and service marks and all goodwill therein (collectively, the “Marks”)) and know-how, in each case whether registered or unregistered, and including any application(s) for patents or registration for any of these, and the equivalent on a world-wide basis, and in each case all rights related thereto. You may not use the Marks without the prior review and written approval of My Urology Doc.
5.3 Option to provide Feedback. You do not have to provide feedback to My Urology Doc on the Services, such as ideas for improvements, changes, and other ideas related to current or future offerings (collectively “Feedback”), but if you do provide My Urology Doc with Feedback My Urology Doc has to be free to use it without restrictions. Therefore, if you provide Feedback, you hereby grant, and agree to grant, My Urology Doc, a worldwide, perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, fully sublicensable, license without any other restriction to the Feedback, including all Intellectual Property rights therein and thereto, to use, reproduce, modify, adapt, translate, publish, publicly perform and display, make derivative works of, broadcast, transmit and distribute the Feedback for any purpose and in any form, medium or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Feedback into any My Urology Doc product or service, new or existing, and to market, sell, offer to sell, import, sublicense and distribute the Feedback in any manner, without compensation to you. You warrant that: (a) you have the right and authority to grant this license, and; (b) My Urology Doc’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party’s rights. Feedback may include but is not limited to ideas, software, data, and other material that may be provided to My Urology Doc by or on behalf of you. You agree that any Feedback shall be deemed non-confidential, regardless of any markings or communications to the contrary that may be contained on or with such Feedback.
6.1 Changes to the Terms. My Urology Doc reserves the right to modify the Terms at any time at its sole discretion without notice. The most current Terms may be found by clicking on the Terms of Service link on the Site. Your continued use of the Services, including without limitation, the Site, following any change in the Terms, indicates your assent to the then current Terms.
6.2 Changes to the Services. My Urology Doc may in its sole discretion modify, discontinue or limit access to the Services, including without limitation, the Site or any areas of the Site, or access to Content provided on or through the Services without notice. My Urology Doc may terminate your right to use the Services or access Content without notice in the event you fail to comply with the Terms.
13.1 User Submitted Information. The Services may contain offerings such as blogs, message boards, user reviews of drug information that allows users to upload information and content to the Site (“Public Areas”). You may not submit any information that contains personally identifiable information (such as names, phone numbers, email addresses or web site URLs) of you or of anyone else to Public Areas. Uploading media such as images or video of other persons without their permission is strictly prohibited. You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. You agree that your use of the Public Areas shall comply with the Acceptable Use Policy. My Urology Doc reserves the right to remove any materials submitted to Public Areas for any reason, at any time, without prior notice, at its sole and exclusive discretion. If your use includes the submission of images or files to the Site, including Public Areas, you agree to only post materials created by you or that you otherwise have obtained the rights to grant the licenses you are obligated to grant under the Terms, and you warrant that such submissions and their use on the Site shall not violate any Intellectual Property rights of any third-party.
13.2 License to User Submitted Information. If you submit content or materials to a Public Area (“User Submitted Content”), you warrant that you are the owner of such content, and you hereby grant and agree to grant, My Urology Doc a worldwide, perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, fully sublicensable, license without any other restriction to the User Submitted Content, including all Intellectual Property rights therein and thereto, to use, reproduce, modify, adapt, translate, publish, publicly perform and display, make derivative works of, broadcast, transmit and distribute the User Submitted Content for any purpose and in any form, medium or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the User Submitted Content into any My Urology Doc product or service, new or existing, and to market, sell, offer to sell, import, sublicense and distribute the User Submitted Content in any manner, without compensation to you. You warrant that: (a) you have the right and authority to grant this license, and; (b) My Urology Doc’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party’s rights. User Submitted Content may include but is not limited to ideas, software, data, and other material that may be provided to My Urology Doc by or on behalf of you. You agree that any User Submitted Content shall be deemed non-confidential, regardless of any markings or communications to the contrary that may be contained on or with such User Submitted Content.
Without limiting the foregoing, in consideration of being allowed to use the Public Areas, you agree that, in addition to any breach of any other term or condition of the Terms, the following actions shall expressly constitute a material breach of the Terms: (a) using a Public Area for any purpose in violation of laws, rules or Regulations; (b) disrupting the normal flow of dialogue, or posting comments that are not related to the topic being discussed; (c) posting chain letters or pyramid schemes; (d) impersonating another person; (e) harvesting, scraping or otherwise collecting information about others, including email addresses; (f) allowing any other person or entity to use your identification for posting or viewing comments; (g) engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Services, or which, in the judgment of My Urology Doc, exposes My Urology Doc or any of its customers or suppliers to any liability or detriment of any type.
17.1 Notices. Official notices must be delivered in writing by commercial delivery services, which provides delivery tracking and proof of delivery, to My Urology Doc, at 11650 Olio Rd, Suite 1000-354, Fishers, In 46037, Attn: Legal, with a copy via e-mail to the following: firstname.lastname@example.org. Such notices will be effective upon delivery as reasonably verified by such commercial delivery service. You consent to My Urology Doc providing you any notice and required information by e-mail at the e-mail address you specified when you signed up for your Services or by access to a web site that My Urology Doc identifies. Notices emailed to you will be deemed given and received when the email is sent.
17.2 Assignment. You may not assign or transfer any rights under the Terms.
17.3 Export Obligations. You may not export, directly or indirectly; any of the Services in violation of any U.S. export laws or regulations.
17.4 Waiver and Severance. My Urology Doc’s failure to enforce any provision of the Terms shall not constitute a waiver of such right. If any term of the Terms is found to be unenforceable, that term is to be modified to make that term legal and enforceable, and the balance of the Terms within that section, and the remainder of the Terms shall continue in full force and effect, such change to be made in a manner to maximize the enforcement of the remaining terms.
17.5 Minimum Age Requirement. You must be at least 18 years old or older to use the Services (including the Site). We are committed to protecting the privacy of children, and the Services are not intended for use by children under the age of 13.
17.6 Entire Agreement. The Terms, along with any Additional Terms, represent the final agreement between the parties regarding the subject matter, and supersede all prior or contemporaneous agreements, whether written or oral.
17.7 Choice of Law and Venue. The Terms and any disputes between the parties under or relating to the Terms or My Urology Doc, whether in contract, tort or otherwise, shall be governed by the laws of the State of Indiana, without reference to conflict of laws principles, and all legal actions must be brought in the court of competent jurisdiction within the State of Indiana, within the City of Indianapolis (except that My Urology Doc may bring an action for injunctive relief or other equitable relief in any proper jurisdiction and/or venue). The Parties hereby waive any claim of lack of jurisdiction or inconvenient forum within the venues and jurisdictions agreed to herein. THE PREVAILING PARTY IN ANY LEGAL ACTION SHALL BE ENTITLED TO REASONABLE ATTORNEY’S FEES AND COSTS RELATED TO THE LEGAL ACTION FROM THE OTHER PARTY. To the extent allowed by law, you and My Urology Doc agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither you nor My Urology Doc will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or My Urology Doc acts or proposes to act in a representative capacity. You and My Urology Doc further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, My Urology Doc, and all parties to any such proceeding. The provisions of this section are to be enforced to the maximum extent legally available.
17.8 Contact Information. If you have any questions regarding the Terms, please contact My Urology Doc at email@example.com.