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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. The Terms and Conditions of the HolaDoctor website (the "Site" or "HolaDoctor Site") describe the terms and conditions ("Terms of Use") under which we offer you access to this Site. By using this Site, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. HolaDoctor is a trade name and trademark of HolaDoctor, Inc (formerly known as DrTango, Inc.). When these Terms of Use refer to HolaDoctor, they refer to HolaDoctor, Inc (formerly known as DrTango, Inc.). HolaDoctor may revise and update these Terms of Use at any time. Your continued use of the HolaDoctor Site will mean you accept those changes.
By using this Site, you also expressly agree to be bound by all terms and conditions and with the following legal notices:
Hola Doctor – Privacy policy
Hola Doctor – Digital Millenium Copyright Act
In addition, you may be bound by the terms and conditions of any other hosting sites through which you accessed this Site.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the HolaDoctor Site, such as text, graphics, images, and information obtained from HolaDoctor's licensors, and other material contained on the HolaDoctor Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
The use of HolaDoctor’s site and content does not create or imply a patient-physician relationship between any of HolaDoctor, its users, or its content providers. HolaDoctor in its sole discretion reserves the right to monitor, edit, or remove any content on its Site that may imply a patient-physician relationship, may violate medical ethics or licensing rules, or may reveal personal identifiable information or protected health information of any individual.
If you think you may have a medical emergency, call your doctor or 911 immediately. HolaDoctor does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by HolaDoctor, HolaDoctor employees, others appearing on the Site at the invitation of HolaDoctor, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical- related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
DISCLAIMER OF WARRANTY; LIMITATIONS OF LIABILITY.
The use of the HolaDoctor Site and the Content is at your own risk. When using the HolaDoctor Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of HolaDoctor and its suppliers. Accordingly, HolaDoctor assumes no liability for or relating to the delay, failure, interruption, or corruption or loss of any data or other information transmitted in connection with use of the HolaDoctor Site. HolaDoctor cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties.
Although HolaDoctor makes reasonable efforts to include accurate and up-to-date information on our Site, the information you access through this Site is provided "AS IS." HolaDoctor makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information accessed through our Site, nor does it make any warranties regarding the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools. HolaDoctor assumes no liability or responsibility for any errors or omissions in the Content. TO THE FULLEST EXTENT PERMITTED BY LAW, HOLADOCTOR, ITS LICENSORS, AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
In no event shall HolaDoctor, its licensors, its suppliers, or any third parties mentioned on the HolaDoctor Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the HolaDoctor Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not HolaDoctor is advised of the possibility of such damages. HolaDoctor is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
HolaDoctor may provide links to third party websites. HolaDoctor also may select certain sites as priority responses to search terms you enter and HolaDoctor may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. HolaDoctor does not recommend and does not endorse the content on any third -party websites. HolaDoctor is not responsible for the content of linked third-party sites, sites framed within the HolaDoctor Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use for such sites. HolaDoctor does not endorse any product advertised on the HolaDoctor Site.
OWNERSHIP, LICENSE AND RESTRICTIONS ON USE OF CONTENT.
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to us or our licensors. We grant you a nontransferable limited license to view and use this Site only for your personal information, education or other non-commercial use. HolaDoctor authorizes you to download a single copy of the material on this Site solely for your personal, noncommercial use if you include the following copyright notice "© 2013 HolaDoctor, Inc."
This Site and the Content are protected by copyright under both United States and foreign laws. Any use of the Site and its content not explicitly permitted by these Terms of Use is a breach of these Terms of Use and may violate the law. If you violate these Terms of Use, your permission to use the Site automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. All rights not expressly granted herein are reserved to HolaDoctor and its licensors.
PROTECTING CHILDREN.
We take special care to protect the safety and privacy of children. Our Site is a general audience site. Nevertheless, we do not permit children under age 13 to register on our Site for any product or Service. We do not collect or solicit Personally Identifiable Information about users we actually know is a child under age 13.
Children under age 13 should always ask their parents or guardians for permission before providing any Personally Identifiable Information to anyone online. We urge parents and guardians to participate in your children's online activities and to use parental control or other Internet filtering technology to supervise your children's access to the Internet.
USER SUBMISSIONS.
The personal information you submit to HolaDoctor is governed by the HolaDoctor Privacy Policy. To the extent there is an inconsistency between this Agreement and the HolaDoctor Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit to the Public Areas (including message boards, blogs, or other user communities) any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to HolaDoctor by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to HolaDoctor by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to HolaDoctor by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted HolaDoctor a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. HolaDoctor may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to HolaDoctor by email.
USER SUBMISSIONS - IMAGE, VIDEO, AUDIO FILES ("Media").
You agree to post or upload only Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and that do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any Media that contain Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading Media like images or videos of other people without their permission is strictly prohibited.
By uploading any Media on the HolaDoctor site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the HolaDoctor Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.
By uploading any Media, (a) you grant to HolaDoctor a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted Media (or, if a minor, his/her parent/legal guardian) authorizes HolaDoctor to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media and any material included in such Media; and (c) you agree to indemnify HolaDoctor and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the Media and/or your failure to comply with these Terms of Use.
HolaDoctor reserves the right (but is not obligated) to review all Media prior to submission to the site and to remove any Media for any reason, at any time, without prior notice, at our sole discretion
PASSWORD SECURITY AND PRIVACY.
HolaDoctor has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your HolaDoctor passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your HolaDoctor account and password; and (3) promptly inform HolaDoctor of any need to deactivate a password. You grant HolaDoctor and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. HolaDoctor cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using HolaDoctor tools and services.
HOLADOCTOR COMMUNITY AND MEMBER TO MEMBER AREAS ("Public Areas").
If you use a Public Area, such as message boards, blogs or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. HolaDoctor and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by HolaDoctor in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their express consent;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of HolaDoctor, exposes HolaDoctor or >any of its customers, licensors or suppliers to any liability or detriment of any type.
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions.
- Terminate a user's access to any or all Public Areas and/or the HolaDoctor Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the HolaDoctor Site, regardless of whether such communication(s) violate these standards.
HolaDoctor Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
HolaDoctor and its licensors have no liability or responsibility to users of the HolaDoctor Site or any other person or entity for performance or nonperformance of the aforementioned activities.
INDEMNITY.
You agree to defend, indemnify, and hold HolaDoctor, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
GENERAL.
HolaDoctor is based in the United States of America. HolaDoctor makes no representation or claim that HolaDoctor Content is appropriate or may be downloaded outside of the United States. Accessing our Site or any Service or Content from jurisdictions in which such access is illegal is prohibited. If you access the HolaDoctor Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimer of Warranties; Limitations of Liability, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with HolaDoctor, or in any way relating to your use of the HolaDoctor Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving HolaDoctor or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the HolaDoctor Site, these Terms of Use and the HolaDoctor Privacy Policy and Agreement constitute the entire agreement between you and HolaDoctor with respect to the use of the HolaDoctor Site, and Content.
Thank you for your cooperation. We hope you find the HolaDoctor site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, you can contact us online or via U.S. mail to HolaDoctor at 900 Old Roswell Lakes Parkway, Suite 230 Roswell, GA 30076.
Effective: September 2013. Revised: January 2017.
