Welcome to www.Colonoscopy.com (the “Website” or “Colonoscopy.com”) that is owned, operated and controlled by Outclick Media (collectively “Colonoscopy.com”, “we,” “our”, or “us”). Colonoscopy.com is an interactive website that promotes greater access to the healthcare system by allowing a forum for the various stakeholders to interact. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Website including the users seeking general medical information and medical professionals.
IMPORTANT – PLEASE READ CAREFULLY: THESE TERMS & CONDITIONS (THESE “TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT WHICH GOVERN YOUR USE OF THIS WEBSITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS WEBSITE OR ANY FEATURE OR SERVICE OFFERED THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. WE MAY, IN OUR SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS WEBSITE.
You are not required to register in order to access the Website. However, in the future, if you are directed to use certain features or services offered through this Website, you will have to register and create a unique, password-protected account (“Account”). Once this is implemented, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to delete your Account without warning if you are found to have misrepresented any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and e-mail address. You agree to (a) immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not.
Authorized Use Subject to these Terms, we authorize you to view and download the information and other materials at or through this Website only for your informational personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies of the materials. Additional terms and conditions may apply to your use of certain premium services offered through this Website including advertising, exclusive listing services offered to the Medical Professional Members (as defined below). Please review all such terms and conditions before you use any of our services.
Authorized User Policy Subject to your acceptance and compliance with these Terms and compliance with all applicable laws, statues, ordinances and regulations regarding your use of the Website, we hereby grant you the aforesaid license to access and use the Website, provided that you shall not (and not allow third party to): (i) download, modify, adapt, translate, or reverse engineer any portion of the Website; (ii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website; (iii) access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of medical professionals, any information related to medical professionals, medical information including questions and answers; (iv) collect or harvest any information about medical professionals, other users or members (including usernames and/or email addresses) for any purpose; (v) reformat or frame any portion of the web pages that are part of the Website; (vi) create user accounts by automated means or under false or fraudulent pretenses; (vii) create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or otherwise interfere with other users’ or members’ enjoyment of the Website; (viii) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (ix) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (x) copy or store any Website content for other than your own personal, non-commercial use that includes a prohibition on any collection and use of any listings, descriptions, or profiles; (xi) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiii) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; (xiv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or (xv) transmit to us or any user any information or materials of any kind which (a) violate or infringe the intellectual property or contractual rights of any third party; or (b) are libelous, defamatory, obscene, pornographic or abusive. We reserve the right to prohibit conduct that we deem in our sole discretion to be unlawful or harmful to the Website, other users, our rights or that of any third party.
You represent and warrant that the content you provide us, post or publish on the Website including, without limitation, your profile, Free Questions (as defined below), answers to free questions, medical write-ups, case reviews, articles, opinions and updates and Your Feedback (as defined below) (collectively, “Your Content”) (i) does not and will not, directly or indirectly, violate, infringe or breach any duty towards or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (ii) does not contain any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts; (iii) is not false, inaccurate, fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iv) does not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Website; (v) does not promote illegal or harmful activities or substances or provide instructional information about activities such as making or buying illegal weapons or substances; (vi) is not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, your submissions are created, displayed or accessed; (vii) does not contain any adware, malware, spyware, computer programming routines, software or viruses that are intended to damage, interfere with or in any way limit the functionality of any computer software or hardware or telecommunications equipment, intercept or expropriate any system data or personal information, permit unauthorized access to the Service or any part thereof or disable, damage or erase any portion of the content or advertisements processed or stored therein; and (viii) does not constitute unsolicited bulk email, junk mail, spam or chain letters. We will not be liable for any use or disclosures of any of Your Content. Additionally, Medical Professional Members shall be solely responsible to ensure that any information or advertisements they post on the Website (including without limitation their profiles, educational background), and any communications they have with Website users fully comply with all applicable rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
You hereby grant Colonoscopy.com a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license to use, reproduce, store, host, index, cache, distribute (through multiple tiers and websites), publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, Your Content or any part thereof. You hereby expressly waive any and all so-called moral rights you may have in Your Content. Subject to the licenses you are granting hereunder, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Content. We shall not acquire any right, title or interest in or to Your Content, except as provided herein. THE ABOVE LICENSES ARE PERPETUAL AND IRREVOCABLE AND SHALL SURVIVE EVEN AFTER YOU HAVE DISCONTINUED USING THIS WEBSITE OR ANY SERVICES OFFERED THROUGH THIS WEBSITE, FOR ANY REASON OR TERMINATION OF YOUR ACCOUNT. Additionally, some of the photos on this site are of models and do not depict actual individuals.
As part of the Website, we may provide bulletin boards, blogs, instant messaging, wikis and the like for posting user feedback, comments or other inputs, including but not limited to, with respect to the Website (“Your Feedback”). You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, we may display Your Feedback on the Website and use it for other marketing and business activities. In addition, we may, in our sole discretion, decide not to use Your Feedback, delete it from the Website, and even edit Your Feedback for both content and format. You hereby expressly waive any and all so-called moral rights you may have in Your Feedback.
This Website allows users to post a question free of cost (“Free Question”) to the Medical Professional Members generally. By submitting a Free Question or answering a Free Question, you understand and agree that your question or answer will become part of our database. Without limiting the license granted to use Your Content, you agree that, as to all Free Questions and any answers, without any compensation to you (other than allowing you to use the Website), we will have the unrestricted right to use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content.
After a Free Question is answered, the Free Question and its answer are automatically posted to the publicly accessible areas of the Website. The contents of these Free Questions and their answers are visible to all users of the Website and to Medical Professional Members. Thus, Free Questions and answers to them are neither confidential nor privileged in any way. Although the content of the Free Questions and their answers are visible, the names and identifying information of the user who submitted the Free Question will not be visible to other users of the Website. However, you must understand and hereby acknowledge that, because the Free Questions and answers are publicly accessible, you will lose some privacy by posting Free Questions or their corresponding answers.
You acknowledge and agree that the doctors who participate or advertise through the Website (the “Medical Professional Members”) are not affiliated with, employed by or agents of Colonoscopy.com. We require Medical Professional Members to provide basic information about themselves to us (for example, information about the jurisdictions in which they are licensed, information about areas in which they practice and consider themselves competent and knowledgeable), and although we rely upon and pass on this information to users for their use, we do not separately verify this information and make no representations as to the qualifications of any Medical Professional Members. No listing of any Medical Professional Member on the Website, and no information of any kind or answers provided by any Medical Professional Member, constitutes an endorsement, recommendation or referral of any Medical Professional Member by us. You must investigate or perform your own due diligence concerning Medical Professional Members and their qualifications.
We are neither a publisher nor a distributor of any content of any kind posted on this Website by its users including the Medical Professional Members (“User Content”). We have not reviewed, and cannot review, User Content, and cannot therefore be responsible for that content, its use or effects. By operating this Website, we do not represent or imply that we endorse any User Content, or that we believe such User Content to be accurate, useful or non-harmful. The views expressed therein are those of the posting users and Medical Professional Members and do not necessarily reflect our views. We assume no responsibility for the posts or the information contained therein, nor do we make any claims, promises or guarantees about the accuracy, suitability, competence or completeness of any of the information or advice in the posts. Use the advice and information provided AT YOUR OWN RISK.
This Website may contain User Content that is wrong, incorrect, offensive, indecent or otherwise objectionable, as well as content that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties. Notwithstanding the foregoing, we retain the right, in our sole discretion, but not the obligation, to monitor and/or delete any User Content (a) that we believe to be in violation of these Terms, (b) about which we have received complaints, or (c) which we find to be objectionable for any reason, with or without notice to you. In addition, we have no control over, and shall have no legal liability for, any damages resulting from the use, including republication, or misuse, by any third party, of User Content. Additionally, some of the photos on this site are of models and do not depict actual individuals.
Colonoscopy.com provides the technological foundations or forum where the public can access both medical information and local medical professionals. Colonoscopy.com provides the conduit for medical information; however, we are not involved in the correspondence or conversation between the Medical Professional Member and you. Colonoscopy.com does not provide medical advice and is not engaged in the practice of medicine. We do not monitor, verify, or filter any of the responses from the Medical Professional Members, nor can we guarantee the quality, accuracy or completeness of any medical professional’s response. Colonoscopy.com is neither a medical professional referral service nor engaged in making any recommendations about whether you should use a particular medical professional’s services or not. You hereby acknowledge the above facts and unconditionally and irrevocably remise, release, and forever discharge Colonoscopy.com, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which you ever had, now have, or shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of the use of the Website or the relationship between you and any Medical Professional Member introduced to you through this Website.
If you are a California resident, you hereby waive the provisions of section 1542 of the California Civil Code, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You understand and agree that use of the Website does not in any way create or establish a physician-patient privilege or physician-patient relationship between you and any Medical Professional Member. You should recognize that the information provided on the Website (including past questions and answers and articles posted on the site) is provided for your general information. These materials should not be relied on as medical advice and reading and reviewing them is not a substitute for direct consultation with a medical professional about a specific medical problem.
Without limiting the foregoing, you understand and agree that submitting a Free Question or receiving an answer to a Free Question does not in any way create or establish an physician-patient relationship between you and any Medical Professional Member, or between you and us. The information and answers provided in response to Free Questions is intended to be generic medical information, not medical advice, and is based upon the very limited information provided by you in a Free Question. Specific medical advice can only be given with full knowledge of all of the facts and circumstances of your situation. If you are currently being treated by a doctor, that doctor is the best person to give you advice about a medical case or medical matter. Under no circumstances should the information obtained on this site be used to make decisions about the quality of service provided by a doctor or about the proper course of a medical matter.
Because no physician-patient relationship is created through the use of the Website, or by submitting a Free Question or receiving an answer to a Free Question, no physician-patient confidentiality is formed between you and any Medical Professional Member, or between you and us. Medical Professional Members do not know the names of, or any other information about, the users whose Free Questions they answer except for the information provided in the Free Question itself.
Because no physician-patient relationship is created through the use of the Website, or by submitting a Free Question or receiving an answer to a Free Question, an Medical Professional Member who answers your Free Question on the Website does not forfeit the right to represent adverse parties should you take your case to court.
You acknowledge and agree that the Website and the services offered through the Website use and contain proprietary and confidential technology and information owned by or licensed to Colonoscopy.com, and protected by applicable intellectual property and other laws and international treaties. The content displayed on, or through, the Website, including without limitation all information, data, text, software, graphics, messages, tags, or other materials whether posted by us or our users including Medical Professional Members (collectively “Website Content”) is copyrighted by us or our licensors under United States and international copyright laws. Other than with respect to your submissions, and as expressly set forth in these Terms, the Website Content displayed on, or through, this Website may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. Colonoscopy.com and other marks and logos displayed on the Website, constitute trademarks, trade names, or service marks (“Marks”) of Colonoscopy.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated there with remains with Colonoscopy.com or those other entities.
You agree to defend, indemnify and hold harmless Colonoscopy.com, its affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable doctors’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Website or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the your content, your conduct, your violation of these Terms or your violation of the rights of any third party.
ALL WEBSITE CONTENT INCLUDING ANY MEDICAL INFORMATION AND OTHER MATERIALS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT ANY WEBSITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE SO AT YOUR OWN DISCRETION AND RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, SEQUENCE, QUALITY, ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION, CONTENT AND OTHER MATERIALS CONTAINED ON THIS WEBSITE. THIS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL IN RESPECT OF THIS WEBSITE OR THE USE THEREOF. IF YOU ARE IN A STATE THAT DOES NOT ALLOW A DISCLAIMER OF IMPLIED WARRANTIES, THE ABOVE DISCLAIMER OR A PORTION OF IT MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION doctor PROFILE INFORMATION, LEGAL INFORMATION, YOUR CONTENT, YOUR FEEDBACK AND/OR USER CONTENT.
Colonoscopy.com SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, THE WEBSITE CONTENT, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH THE WEBSITE, OR ANY THIRD PARTY COMMUNICATIONS. Colonoscopy.com SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, doctorS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENT OR ANY THIRD PARTY COMMUNICATIONS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
We respect the rights of copyright owners to control the uses of their intellectual property, and require our users to do the same. You are responsible for complying with all copyright laws while using this Website. You agree that you will not use this Website to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works. We shall: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers. Without limiting the foregoing, your use of this Website is subject to the terms of this copyright policy.
Copyright owners or any agents thereof who believe that any Website Content infringes upon their copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Conversely, if you allow Third-Party Websites to authenticate to or connect with your Account, those Third-Party Websites may be able to access any information you provide in your Account. If you allow such Third-Party Website access to your Account, Colonoscopy.com shall not be responsible for the subsequent use of your information by the Third-Party Websites.
Our offerings may include features or functionalities provided by third parties. In particular, we generate phone numbers through third-party providers visible to users of the Website that enable users to contact Medical Professional Members (“Third-Party Phone Numbers”). These Third-Party Phone Numbers pass calls through to phone numbers provided by Medical Professional Members and generate phone log information, including a date/time stamp and origination identification of calls made to Medical Professional Members (“Phone File Information”). Medical Professional Members hereby acknowledge and agree that all third-party features and functionalities, including, Third Party Phone Numbers are owned by third-party providers and licensed to Colonoscopy.com and that all Phone File Information is and shall remain the exclusive property of Colonoscopy.com.
As a condition to access the Website, you agree to strictly observe the following DOs and DON’Ts:
You agree that any dispute or controversy arising out of these Terms & Conditions or your use of the Website shall be settled by arbitration to be held in Orange County, California, in accordance with the rules then in effect of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Arbitration costs and reasonable documented doctors’ costs of both parties shall be borne by the losing party.
These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of the Agreement will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral provided, however, that these Terms do not alter in any way terms and conditions of any other agreement you may have with us regarding other services, third-party content and/or third-party software or services.