1. USER SUPPLIED CONTENT
The Service is a privately owned interactive platform that allows you and other users of the Service (among other activities) to post and read reviews, rankings, ratings and recommendations of dentists. You are entirely responsible for all information, advice, files, links, communications or other materials posted by you to or through the Service ("User-Supplied Content"). You agree not to post or transmit any User-Supplied Content that infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue, harassing, libelous, defamatory, abusive, potentially tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable.
If you are a dentist you expressly agree that DR.Oogle may at its discretion modify your ranking if your practice was found in violation of DR.Oogle review posting guidelines. Furthermore, DR.Oogle has no obligation to display your reviews and may limit access to your ranking and reviews and the manner in which they are displayed in any manner it deems appropriate.
If you are a patient posting a review of a dentist, you warrant that: (a) you are not dentist's family or friend; (b) you have not received payment, credit or other compensation or inducement in exchange or in connection with posting that review; (c) you do not have a direct or indirect financial relationship with that dentist beyond receiving dental service from that dentist; and (d) you have in fact received services from that dentist.
If you are a dentist posting a peer recommendation, you warrant that (a) you have not received payment or other compensation of any kind in exchange or in connection with posting that recommendation; and (b) you do not have a direct or indirect financial relationship with that dentist.
DR.Oogle has the right to use, reproduce, display, modify, transmit, distribute, perform, display and delete the User-Supplied Content (in whole or in part) worldwide and/or to incorporate such User-Supplied Content in other works in any form, media or technology now known or later developed. You expressly acknowledge and agree that any User-Supplied Content is a public, not a private, communication, and DR.Oogle has no confidentiality obligations with respect to any User-Supplied Content.
2. SERVICE CONTENT GENERALLY
You acknowledge and agree that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. DR.Oogle shall have no liability either for the failure to receive any User-Supplied Content or for the removal of any User-Supplied Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of DR.Oogle. DR.Oogle neither endorses nor is responsible for the completeness, accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized DR.Oogle employees acting in their official capacities.
3. TITLE TO CONTENT
The Content made available directly through the Service by DR.Oogle or third parties is the property of DR.Oogle, its licensors and its advertisers. Title, ownership rights and intellectual property rights in and to such Content are the property of either DR.Oogle or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content.
DR.Oogle complies with copyright law and expects its users to do the same. You may not use the Service to help you infringe the copyrights of any third party. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of the law. You agree that you shall only use the Service in a manner that does not violate any third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current. During the registration process to use the Service, you will create a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account.
IF YOU ARE A DENTIST YOU EXPRESSLY AGREE THAT DR.OOGLE MAY FROM TIME TO TIME COMMUNICATE WITH YOU BY EMAIL OR TELEFACSIMILE, UNLESS YOU AFFIRMATIVELY OPT OUT OF RECEIVING SUCH COMMUNICATIONS BY SO INFORMING DR.OOGLE VIA EMAIL, U.S. MAIL OR TELEFACSIMILE. If you have a free practice listing on DR.Oogle, or if your paid listing on DR.Oogle has expired, DR.Oogle may remove some or all of the reviews for your practice, as it is under no obligation to promote your practice.
6. LINKED ENTITIES
The Service contains links through advertising and otherwise, to various third party web sites and other resources ("Linked Entities"). These Linked Entities are not under the control of DR.Oogle and DR.Oogle is not responsible or liable for the content, communications or materials of any Linked Entities. DR.Oogle is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by DR.Oogle of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.
7. MODIFICATIONS TO THE SERVICE
You acknowledge and agree that DR.Oogle may modify, suspend, or discontinue the Service at any time without notice and may discontinue any DR.Oogle web site at any time without notice and shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. COPYRIGHT INFRINGEMENT
DR.Oogle may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize DR.Oogle to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
DR.Oogle will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Service, please notify DR.Oogle Compliance Team identified below. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A notification of claimed infringement must be a written communication addressed to DR.Oogle Compliance Team set forth below (the "Notice"), and must include the following:
a. a signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
b. a description of the copyrighted work or works that you claim have been infringed, including their exact name (if any). The description and name should be in sufficient detail so that we can identify the work;
c. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
d. Information related to the work(s) reasonably sufficient for DR.Oogle to promptly locate the work (e.g. title of work, specific URL or other location within the Service, etc.);
e. Information reasonably sufficient to permit DR.Oogle to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
f. A statement requesting that DR.Oogle take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled);
g. information sufficient to permit DR.Oogle to contact you, such as your physical address, telephone number, and email address;
h. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
i. a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
Pursuant to the Digital Millennium Copyright Act, DR.Oogle will remove allegedly infringing material from the Service upon receipt of a notice which complies with the requirements of this section. If the allegedly infringing material is not hosted or stored on the server computers used or controlled by DR.Oogle, but is nevertheless displayed or transmitted through the Service, DR.Oogle will use its best efforts to remove allegedly infringing material from being displayed or transmitted through the Service upon receipt of a notice which complies with the requirements of this section.
If you receive a Notice and you believe that you have the right to display the allegedly infringing work, you may send DR.Oogle a counter-notice pursuant to the Digital Millennium Copyright Act (a "Counter-Notice"). We will provide a copy of your Counter-Notice to the party that sent the Notice you are responding to.
A Counter-Notice must be a written communication addressed to the DR.Oogle Compliance Team set forth below and include the following:
a. a signature of the person sending the Counter-Notice;
b. identification of the work which was removed or disabled; and where such work was located on the Site(s) before it was removed or disabled;
c. a statement by you under penalty of perjury that you have a good faith belief that the work was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d. Your name, address, and telephone number; and
e. If your address is in the United States, a statement that you consent to the jurisdiction of Federal District Court for the district in which your address is located, or if your address is outside of the United States, a statement that you consent to the jurisdiction of the Federal District Court located in San Mateo County, California, and that you will accept service of process from the person who sent the Notice.
To reach DR.Oogle Compliance Team for Notice of claims of copyright infringement or counter-notifications:
DR.Oogle Compliance Team
PO BOX 1107
Palo Alto, CA 94302
10. THIRD PARTY DISPUTES
If there is a dispute between users of the Service, or between users of the Service and any third party, you understand and agree that DR.Oogle is under no obligation to become involved. In the event that you have a dispute with one or more users of the Service, you hereby release DR.Oogle, its officers, employees, agents and successors from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542: "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."
11. DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DR.OOGLE DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. DR.OOGLE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DR.OOGLE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. DR.OOGLE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
12. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. IN NO EVENT SHALL DR.OOGLE, ITS LICENSORS OR CONTENT PROVIDERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF DR.OOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. MODIFICATION OF TERMS
15. ARBITRATION, JURISDICTION & GOVERNING LAW
You and DR.Oogle must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.)
"DR.OOGLE" and "doctoroogle.com" are trademarks of DR.Oogle Inc. Any other names or designs may be trademarks of their respective owners.
Last Modified June 5, 2016. Copyright 2004-2017, DR.Oogle Inc.
2. TYPES OF INFORMATION COLLECTED
2.1. TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Website: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Website; (4) types of web browsers used to access the Website; (5) other information associated with the interaction of your browser and the Website (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you.
2.2.COOKIES. We also use "cookies" to customize your experience of our Website and to store your password so you do not have to re-enter it each time you visit the Website. (A "cookie" is an element of data that a website, when visited by a user, sends to that user's browser which, in turn, may store that element on the user's hard drive or memory.) At your option, expense and responsibility, you may block our cookies or delete our cookies from your hard drive. However, by disabling cookies, you may not have access to the entire set of features of the Website.
2.3. PERSONAL INFORMATION COLLECTED. In order for you to access certain areas of the Website, we may require you to provide us with certain information that personally identifies you ("Personal Information"). Personal Information includes the following categories of information: (1) Contact Data (such as your e-mail address and DR.Oogle password); and (2) Demographic Data (such as your zip code). If you communicate with us by, for example, e-mail or letter, any information provided in such communication may be collected as Personal Information.
2.4. STORAGE. We store all Personal Information, Traffic Data and review postings indefinitely, even after "deletion," and may archive such information elsewhere.
2.5. CHILDREN. DR.Oogle does not knowingly collect any information from individuals under the age of 13. If we learn that we have received any information from an individual under the age of 13, we will delete that information.
3. USES OF INFORMATION COLLECTED
3.1. DR.OOGLE USE OF INFORMATION. We may use Contact Data to send you information about DR.Oogle or our products or services, or to contact you when necessary. We may use your Demographic Data or your Traffic Data to customize and tailor your experience on the Website, displaying content that we think you might be interested in and according to your preferences.
3.3. USER CHOICE. You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Website; however you will not be able to access and use those portions of the Website that require your Personal Information.
4.2. PUBLIC INFORMATION. Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any personally identifiable information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
4.4. LOST OR STOLEN INFORMATION. You must promptly notify us if your Contact Data is lost, stolen, or used without permission. In such an event, we will remove that Contact Data from your account and update our records accordingly.
our technical support team
Last Modified June 5, 2016. Copyright 2004-2017, DR.Oogle Inc.