My Urology Doc, LLC. Terms of Use

1/26/16

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

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.

  1. The Services.  For the purposes of the Terms, the term “Services” means, collectively, all My Urology Doc products, services and offerings available from My Urology Doc, including without limitation, the use of My Urology Doc’s websites or networks (the “Site”), including any Content available through, with or related to the Services. “Content” is any material published on the Site or otherwise available through the Services, including, without limitation, any My Urology Doc documentation, data, blog posts, discussions, Apps, tools, clinical content, algorithms, applications, insights, results, outputs, reports, code, software, Third Party Content and other materials or information available through the Services.

 

  1. Terms Applicable to the Services and Specific Content. The Terms represent an agreement between you and My Urology Doc, LLC. (“My Urology Doc”).  The Terms include all additional or different terms and conditions that may be incorporated by reference, including but not limited to My Urology Doc’s Privacy Policy, Acceptable Use Policy, and other terms referred to by reference herein, or which you are otherwise asked to agree to (for example, end user license agreements) that may apply to your access or use of specific Services (“Additional Terms”). Third Party Content may be subject to separate terms and conditions (for example end user license agreements) and your use of such Content is conditioned upon agreeing to, and complying with such terms and conditions.  “Third Party Content” is Content, products and services of third parties, including, without limitation, any users, advertisers, affiliates, contributors and sponsors on the Site or otherwise included as part of the Services.  In the event of a conflict or inconsistency between these terms and such Additional Terms, the specific terms in the Additional Terms applicable to the particular service or content will control.

 

  1. My Urology Doc Does Not Provide Medical Advice.  

 

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.  

 

  1. Rights to Use the Services and Content.

 

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.

  1. Limitations on Use. Your right to use the Services (including, without limitation, Content) is conditioned upon compliance with the Terms.  Unless explicitly authorized by the Terms, you may not: (a) copy, modify, or make derivative works of the Services or any Content; (b) sublicense, lease, sell, rent, use or otherwise transfer or make available the Services or any Content to any third-party; (c) reverse engineer, decompile, disassemble, or attempt to derive the source code or equivalent of Services or any Content; (d) use any software provided as part of the Services except as specifically allowed under its applicable terms, or; (e) remove, alter, cover, or distort any copyright or patent notices, or other proprietary attribution on or in the Services or Content.

 

  1. Use of Your Content and Reservation of Rights.

 

5.1 Use of Your Content.  “Your Content” means all information and materials provided by you or a third party in relation to your use of the Services, whether in electronic form or otherwise, including but not limited to data used by you or a third party in conjunction with your use of the Services. In order to provide you with the Services, you hereby grant My Urology Doc a non-exclusive, worldwide, fully paid-up, royalty-free, license to use Your Content, for the sole purpose of allowing My Urology Doc to provide the Services, and to develop, troubleshoot, improve, and commercially offer the Services.  For additional details of how we may use Your Content, please see My Urology Doc’s Privacy Policy.


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.

 

  1. Changes to the Terms or Services.  

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.  

 

  1. Warranties. You warrant that: (a) you have the authority to enter into the Terms; (b) you will comply with all applicable laws, rules and Regulations (defined below); (c) you will comply with the Terms; (d) Your Content and the use of Your Content in or with the Services shall not infringe the Intellectual Property rights of any third party, and; (e) you have the right and authority to grant to My Urology Doc all applicable licenses and rights set forth in the Terms. “Regulations” means, in the United States, collectively, the Privacy and Security Regulations promulgated by the United States Department of Health and Human Services (“HHS”) at 45 CFR Parts 160, 162 and 164 that were issued pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended, and the rules and regulations promulgated thereunder (“HIPAA”) and pursuant to the provisions of the Health Information Technology for Economic and Clinical Health Act of 2009, as amended, and the rules and regulations promulgated thereunder (“HITECH”) and similar laws, rules and regulations that may be promulgated by HHS.

 

  1. Indemnity.  You agree to indemnify and hold harmless My Urology Doc, its officers, directors, employees and agents from and against any and all claims, demands, liabilities, damages, losses or expenses, including, without limitation, reasonable attorneys’ fees and costs, due to or arising out of: (a) Your Content or the use of such content in or with the Services; (b) a breach of the Terms or any of your warranties under the Terms; (c) a claim that Your Content or the use of Your Content with the Services infringes any third party’s Intellectual Property rights.  

 

  1. Disclaimers of Warranty. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  MY UROLOGY DOC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY WITH RESPECT TO THE SERVICES AND CONTENT.  MY UROLOGY DISCLAIMS ALL WARRANTIES THAT: (A) THE SERVICES OR CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) ANY RESULTS OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE; (C) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, OR; (D) THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SERVICS IS USED AT YOUR OWN DISCRETION AND RISK.  YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN DATA AND CONTENT, INCLUDING ANY THIRD PARTY CONTENT RELATED TO YOUR USE OF THE SERVICES AND MY UROLOGY DOC SHALL HAVE NO LIABILITY FOR ANY DAMAGE OR LOSS TO ANY SUCH DATA OR CONTENT OR DAMAGE OR LOSS TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.  MY UROLOGY DOC RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SERVICES AT ANY TIME WITHOUT NOTICE.

 

  1. Limitation of Liability.  IN NO EVENT SHALL MY UROLOGY DOC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE OF DATA, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, OR OTHERWISE, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES OR CONTENT.  NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT MY UROLOGY DOC IS HELD TO BE LIABLE IN ANY REGARD, ANY RECOVERY BY YOU, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES.

 

  1. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT ANY SUCH DISCLAIMERS OR EXCLUSIONS IN THE TERMS ARE HELD TO BE LEGALLY INVALID, ANY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SET FORTH IN THESE TERMS OF USE, SHALL NOT APPLY, HOWEVER THE PARTIES AGREE THAT ALL OTHER REMAINING TERMS OF SUCH SECTION OR THE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT TO THE FULLEST EXTENT AVAILABLE UNDER APPLICABLE LAW.

 

  1. Third Party Web Sites, Content, Products and Services.  The Services may provide links to Websites and access to Third Party Content.  For the avoidance of doubt, all Third Party Content is subject to all restrictions, disclaimers and limitations applicable to Content.  My Urology Doc is not responsible for Third Party Content provided on or through the Services or for any changes or updates to such Third Party Content.  My Urology Doc does not recommend and does not endorse the content on any third-party websites. My Urology Doc is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations or warranties regarding their content or accuracy. Your use of third-party websites and content is at your own risk and subject to the terms and conditions of use for such sites. My Urology Doc does not endorse any product, service or treatment advertised or otherwise accessed on or through the Site.

 

  1. Public Areas.  

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.

  1. Privacy Policy.  My Urology Doc respects your privacy and has developed a policy to address privacy concerns.  Any personal information you submit to My Urology Doc (whether through the Services or otherwise) is governed by the My Urology Doc Privacy Policy.  Please review the terms of our Privacy Policy.
  2. Acceptable Use Policy.  In order to preserve the quality and security of the Services, and out of respect for other users, you agree not to: (a) access or use the Services in any manner that could damage, disable, overburden, or impair any My Urology Doc accounts, Services, computer systems, or networks hosting the Services, or other users of the Services; (b) attempt to gain unauthorized access to any parts of the Services or any My Urology Doc accounts, computer systems or networks; (c) interfere or attempt to interfere with the proper working of the Services or any My Urology Doc accounts, computer systems or networks, or; (d) use any robot, spider, scraper or other automated means to access the Services or any My Urology Doc accounts, computer systems or networks without My Urology Doc’s express written permission.  You further agree not to use the Services in a manner that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including Intellectual Property rights; (g) you do not have the right and authority to do so; (h) violates or promotes the violation of any applicable laws, rules or Regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) introduces any virus, Trojan horse, or other component designed to limit or harm the functionality of the Services or any My Urology Doc accounts, a network or computer.  My Urology Doc may report violators to the relevant authorities and may act under the fullest extent of applicable laws to enforce these terms.  My Urology Doc retains the right to immediately terminate access to the Services without notice if in its sole determination it believes such termination is necessary to enforce the Terms, for the proper operation or security of the Services, or for the protection of its network, data, Site, the Intellectual Property rights of My Urology Doc or a third party.

 

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.

  1. Security and Password Management.  Your use of the Services may require you to open an account, and if so you must complete the registration process by providing My Urology Doc with current, complete and accurate information as required by the applicable registration form.  You may also be required to choose a password and a user name.  Access to and use of password protected or secure areas of the Site are restricted to you and your authorized users only, and you are responsible for their compliance with the Terms. You agree not to share your password(s), account information, or access to the Services with any other person.  You are responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your passwords or accounts or as a result of your access to the Services. You agree to notify My Urology Doc immediately of any use of your passwords or accounts that you did not authorize or that is not authorized by the Terms.

 

  1. Copyright Concerns and Procedures. If you believe any materials accessible on or from the Services infringe your copyright rights, you may request removal of those materials from the Services by contacting My Urology Doc’s copyright agent (identified below) and providing the following information in a notarized statement under penalty of perjury, the following: (a) identification of the material that you believe to be infringing and its location in enough detail to allow My Urology Doc to locate and identify it. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material; (b) your name, address, telephone number and (if available) e-mail address; (c) a statement by you that you are the owner of the infringed content, and that you have a good faith belief that the complained of use is not authorized by you, your agent, or the law (including under fair use), and; (d), your signature as the copyright holder or authorized representative.  My Urology Doc’s agent for copyright issues relating to this web site is as follows: info@myurologydoctor.com. In an effort to protect the rights of copyright owners, My Urology Doc retains the right to remove material thought to infringe another’s copyrights, and may terminate the access of any user thought to submit infringing materials, without notice, at My Urology Doc’s sole and exclusive discretion.

 

  1. General Terms.

 

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: info@myurologdoctor.com.  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 info@myurologydoctor.com.