TRIPDOCTOR’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH YOUR PRIMARY CARE OR ANY OTHER ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
DO NOT USE TRIPDOCTOR SERVICES OR THE TRIPDOCTOR APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, CONFUSED, DISORIENTED, NOT BREATHING, GASPING FOR AIR, SHORT OF BREATH, EXPERIENCING AN ALLERGIC REACTION, EXPERIENCING CHEST PAIN, BLEEDING UNCONTROLLABLY, UNDER THE INFLUENCE OF OR EXPERIENCING WITHDRAWAL SYMPTOMS FROM DRUGS OR ALCOHOL OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENCY MEDICAL ATTENTION.
CONTACT LOCAL EMERGENCY SERVICES OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
In these Terms, the terms “you,” “yours,” “User,” and “Users” refer to the person using the Platform. The terms “we,” “our,” “us,” and “TripDoctor” collectively refer to TripDoctor, LLC. The terms “Subscribing Provider” and “Subscribing Providers” refer to doctors, other healthcare providers, and health care provider organizations that have established a provider account on the Platform to use the Platform to be connected with Users as potential recipients of the Subscribing Provider’s professional medical services (“Provider’s Medical Services”). Even though you may have arrived at the Platform through a website or mobile application operated or controlled by a third party, including by an affiliate of TripDoctor, you understand and agree that these Terms are entered into between you and TripDoctor. You also understand and agree that the Platform and any services provided through these Terms, except those set forth in Section XI as provided by others, are provided solely by TripDoctor, and no other parent, subsidiary or affiliate of TripDoctor.
MODIFICATION OF THE TERMS
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform.
DESCRIPTION OF TRIPDOCTOR
TripDoctor facilitates Users’ access to non-emergency medical services outside the United States and the European Union through scheduling and billing for appointments (“Appointments”) for outpatient house call visits, outpatient and/or priority clinic visits, and remote real-time visits with international Subscribing Providers (such scheduling and billing services referred to herein as “TripDoctor Services”). TripDoctor does not provide any medical services, including via the Platform. In the event you make a request for medical services through our Platform, TripDoctor may nominate (or in some instances you may designate) one or more Subscribing Providers to work on your request. In the event you elect to receive Provider’s Medical Services from a Subscribing Provider, you will enter in to a doctor-patient relationship with such provider. TripDoctor will not be a party to such doctor-patient relationships.
You understand and agree that the Platform allows you to seek medical services when you are traveling through (a) you answering a series of questions regarding your health care needs and (b) you submitting relevant information for a Subscribing Provider to consider in determining what health care you may need (collectively with your responses, “Relevant Information”). The Platform gathers the Relevant Information as well as any other information provided by you, including other applicable health information (such as your past or present health conditions, medications, ailments, blood pressure reading and prescriptions) and personal information (such as your name, location and demographic information) (collectively with “Account Information” as defined in Section IV, “Your Information”).
You further understand and agree that after reviewing Your Information, the Subscribing Provider, in his or her independent professional judgment, will decide whether to proceed and accept an Appointment with you. Once an Appointment has commenced, you and your Subscribing Provider have entered into a physician-patient relationship of which TripDoctor is not a party to.
In order to receive TripDoctor Services, you are required to create a User account (“User Account”) by entering your name, email, address, password, and certain other information designated by TripDoctor (collectively “Account Information”). In order to create a User Account, the following must be true:
You are or plan to be located in a country or Area Where We Operate (as defined in Section VIII).
You understand and agree that satisfying the above requirements does not guarantee that you will receive TripDoctor Services, Provider’s Medical Services, or other services through the Platform. In addition to the above requirements, TripDoctor and the Subscribing Providers reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENT
As a condition of your use of the Platform, you agree to the following:
All Your Information provided through the Platform is accurate, complete and correct;
You will only obtain Provider’s Medical Services through TripDoctor Services when you are in the same country that the Platform indicates the Subscribing Provider is licensed to practice medicine.
Your permission to use the Platform is personal (the Platform will be used only by you, and that your identification information is accurate and truthful);
You may not transfer or share your User Account password with anyone, or create more than one User Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian);
You are responsible for maintaining the confidentiality of your User Account password and for all activities that occur under your User Account;
You may not use anyone else’s account at any time; and
You may be asked to provide additional information to TripDoctor or Subscribing Providers for the purpose of obtaining or filling a prescription. You may elect to withhold requested information. But if you do so, you will not receive any prescription-related medical services from Subscribing Providers.
You understand and agree that provision of TripDoctor Services through the Platform depends on the completeness and accuracy of Your Information. TripDoctor is unable to verify Your Information. Therefore, TripDoctor is not responsible for any consequences if Your Information is inaccurate or incomplete
REQUIREMENTS FOR USE
You are responsible for all equipment necessary to access the Platform. You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Platform. TripDoctor is not responsible for any fees and charges that may apply to your use of the mobile services and to the Internet. Unless explicitly states otherwise, any new features that augment or enhance TripDoctor Services shall be subject to this Agreement.
We strongly recommend that you do not use TripDoctor Services on public computers. We also recommend that you do not store your User Account password through your web browser or other software
RESTRICTIONS ON USE
You will not use, or encourage or permit others to use, our Platform except as expressly permitted in these Terms. You will not:
Use or attempt to use the Platform or the TripDoctor Services for any other person than yourself or your minor child;
Access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
“Jailbreak” your mobile operating system. The Platform is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the Platform on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. You may compromise your protected health information if you use the Platform on a mobile phone that has been modified. Use of the Platform on a mobile phone with a modified operating system is a material breach of these Terms;
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or related materials in any way;
Use or access the Platform to create or develop competing products or services or for any other purpose that is to TripDoctor’s detriment or commercial disadvantage;
Take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part;
Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform or any computer network;
Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by TripDoctor or any of our service providers to protect our Platform;
Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property;
Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Platform or any content made available to you on or through our Platform;
Use any manual process or automated device to monitor or copy any content made available on or through our Platform for any unauthorized purpose except as permitted in Section XVI;
Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to TripDoctor or third-party content from the Platform; or
Encourage or enable any other individual to do any of the foregoing.
Certain TripDoctor Services are currently only available to individuals located in certain countries, states, provinces, metro areas and cities (“Areas Where We Operate”). For the current list of Areas Where We Operate, please visit www.tripdoctor.com.
You understand that there may be limited or no TripDoctor Services or Subscribing Providers available in your area. Neither your registration with TripDoctor, nor anything else contained herein guarantees, that any doctor will be available to provide services in your location, even if you are in an Area Where We Operate.
LICENSE AND USE
Subject to your compliance with these Terms, TripDoctor grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, download, access, and use the Platform and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by TripDoctor or its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.
Upon registration of an account, the Platform may contain forms or fields that allow you to enter, submit or transmit to TripDoctor User information or data (“User Data”) on or through the Platform. You understand and agree that any User Data provided by you on or through the Platform may be used, copied or displayed by TripDoctor, TripDoctor may create derivative works of any such data, and TripDoctor may provide such data to our service providers, our successors and assigns, and Subscribing Providers and their affiliated professional entities, in performance of the TripDoctor Services.
You grant TripDoctor our service providers, our successors and assigns, and Subscribing Providers and their affiliated professional entities, the fully transferable and sub-licensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Platform for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of TripDoctor using such data.
SERVICES PROVIDED BY SUBSCRIBING PROVIDERS
All Subscribing Providers who arrange for or deliver Provider’s Medical Services through the Platform are: (i) independent professionals contracted to coordinate with TripDoctor, and (ii) solely responsible for the professional medical services provided to you. TripDoctor solely provides a technology platform for connecting you with Subscribing Providers. TripDoctor does not provide any medical services through the Platform and is not licensed to practice medicine. Employees of TripDoctor never provide healthcare services or advice and do not take part in your diagnosis and/or treatment. TripDoctor does not recommend or endorse any specific tests, healthcare or service providers, medications, products or procedures. We do not control or interfere with the Provider’s Medical Services or any provision of healthcare services by the Subscribing Providers, each of whom is independent and solely responsible for the healthcare and medical services provided to you. Therefore, you understand and agree that TripDoctor is not responsible for Provider’s Medical Services, or your use of Provider’s Medical Services, including any personal injury or property damage.
You give us consent to send and disclose to the Subscribing Providers and affiliated professional organizations all Your Information so that you may receive Provider’s Medical Services. The Subscribing Provider is responsible for collecting and maintaining any consent for treatment and/or medical records that may be necessary and required. If you do not agree to the Subscribing Provider’s consent form or otherwise do not wish to receive Provider’s Medical Services, you may refuse treatment. TripDoctor does not invoice Users until the Appointment is complete and the Provider’s Medical Services have been rendered. If you refuse treatment, you will not be charged by TripDoctor. If, however, you repeatedly refuse treatment without good cause, TripDoctor reserves the right to suspend or terminate your User Account.
DISCLAIMER; NO MEDICAL ADVICE
The Platform is not, and should not, be considered, or used as a substitute for, comprehensive medical advice, care, diagnosis or treatment. The Platform is not designed to be used: (i) as a diagnosis for illness or other condition, (ii) as a treatment for illness, or (iii) to mitigate or prevent illness.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication. Do not disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of any information you have received or obtained through use of the Platform.
REMOTE REAL-TIME INFORMED CONSENT
The Provider’s Medical Services, as made available through the Platform, may involve the real-time electronic transmission of information between patients and healthcare professionals who provide medical services to patients remotely. As with any healthcare service, there are potential risks associated with the use of these types of electronic remote-delivery services. Delays in evaluation or treatment could occur due to deficiencies or failures of the electronic equipment or systems. In rare instances, security protocols could fail, causing unauthorized access to Your Information. Additionally, limitations in the technology and the remote nature of the service may, in some cases, limit Subscribing Providers’ ability to determine your health care needs. By accepting these Terms, you acknowledge and agree that:
You understand that neither the Platform nor the incorporated Service is, or should be considered, or used as a substitute for, a comprehensive visit to your primary care physician.
You understand that you may expect the anticipated benefits from the use of remote real-time services for your care, but that no results can be guaranteed or assured.
You understand that a Subscribing Provider may, in his or her independent professional opinion, determine that you are not eligible for services through the Platform and you may need to seek alternative options.
When you submit your Relevant Information for TripDoctor Services, you agree to pay all fees due. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. In the event that your credit card expires or TripDoctor, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. TripDoctor and/or the Subscribing Providers have no obligation to provide any services unless and until full payment has been received and/or verified.
You understand and agree that you are responsible for all charges for TripDoctor Services and Provider’s Medical Services, including any fees charged by the Subscribing Provider. You further understand and agree that you are responsible for all fees due for your receipt of TripDoctor Services and Provider’s Medical Services during the Appointment regardless of whether you are satisfied with these services. TripDoctor Services and Provider’s Medical Services are not guaranteed to meet your needs or resolve your health concerns.
Your payments to TripDoctor will include fees charged by Subscribing Providers for Appointments. After your Appointment, the Subscribing Provider may, in his/her sole professional opinion, recommend additional services such as additional diagnostic tests (e.g., laboratory testing, radiology), other medical services (e.g., physical therapy), or additional treatments/procedures (e.g., surgery). In the event you elect to receive additional medical services through the Subscribing Providers outside the scope of the Appointment, fees for such additional services are not included in the payments collected by TripDoctor and you may be separately charged by the Subscribing Providers for such services. It is your responsibility to confirm the cost of these additional services before proceeding.
SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES AND INSURANCE POLICY HOLDERS
Neither TripDoctor nor Subscribing Providers bill to health insurance or travel insurance.
TripDoctor does not guarantee that any of Provider’s Medical Services will be covered or reimbursable by your insurance. You agree to pay TripDoctor for all amounts owed, and it is your responsibility to determine if and whether your insurance benefits may apply to Provider’s Medical Services.
TripDoctor and Subscribing Providers are not enrolled to provide care through U.S. or other government health care programs, such as Medicare and Medicaid. If you are a beneficiary of a governmental health care program, by agreeing to use TripDoctor Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither TripDoctor nor any TripDoctor affiliated health care organization or Subscribing Provider will bill any U.S. or foreign federal or state health care program for such medical services or products.
As between TripDoctor and you, TripDoctor is the sole and exclusive owner of all right, title and interest in and to the Platform and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by TripDoctor or its licensors, including all intellectual property rights therein. You have permission to use the Platform solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.
Certain names, logos, and other materials displayed in and through the Platform may constitute trademarks, trade names, services marks or logos (“Trademarks”) of TripDoctor or its affiliates. You are not authorized to use any such Trademarks without the express written permission of TripDoctor or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.
LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
The Platform may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived at the Platform through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of TripDoctor. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Platform.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND ANY SERVICES ARE PROVIDED THROUGH THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. TRIPDOCTOR AND ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, INCLUDING AFFILIATES AND SUBSIDIARIES, “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE PLATFORM OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER TRIPDOCTOR NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE PLATFORM. FURTHERMORE, TRIPDOCTOR DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND TRIPDOCTOR DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER TRIPDOCTOR NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE PLATFORM OR ANY SERVICES PROVIDED THROUGH THE PLATFORM. THIS IS TRUE EVEN IF TRIPDOCTOR OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF TRIPDOCTOR AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold TripDoctor and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
MODIFICATIONS TO THE PLATFORM
TripDoctor reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Platform, or any portion thereof, with or without notice. You agree that TripDoctor shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Platform.
SUSPENSION AND TERMINATION RIGHTS
The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms.
We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.
Subject to applicable law, TripDoctor reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After any termination, TripDoctor will have no further obligation to provide the services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.
GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TRIPDOCTOR TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TRIPDOCTOR.
Governing Law. The Platform is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the U.S. Organized, Unincorporated Territory of Puerto Rico without regard to conflicts of law principles.
Arbitration Agreement. You and TripDoctor agree that all claims and disputes relating in any way to your use of our Platform, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in San Juan, Puerto Rico.
Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND TRIPDOCTOR WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TripDoctor are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
No Class Arbitrations, Class Actions, or Representative Actions. YOU AND TRIPDOCTOR AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND TRIPDOCTOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER TRIPDOCTOR USERS.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and TripDoctor will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
COPYRIGHT INFRINGEMENT CLAIMS
TripDoctor reserves the right to remove any content or any other material or information available on or through our Platform, at any time, for any reason. TripDoctor otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section XXV describes the procedure that should be followed to file a notification of alleged copyright infringement with TripDoctor.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Platform, you may submit a notification to our Designated Agent at the following address:
TripDoctor LLC, 4445 Pacific Crest Ave, Las Vegas, NV 89115
Any notification to TripDoctor under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material that you claim is infringing and where it is located on our Platform;
Information sufficient for TripDoctor to contact you, such as your address, telephone number, and/or email address;
A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you have any questions or concerns, please contact firstname.lastname@example.org.