Acceptable Use Policy
Acceptable Use Policy
Effective Date: [--]
This Acceptable Use Policy (“Use Policy”) is incorporated by reference into [--]’s (“MedPal,” “we,” or “us”) Terms of Use and governs your use of the Site and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this USE POLICY shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY CREATING AN ACCOUNT WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND YOU UNDERSTAND THIS USE POLICY AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS USE POLICY, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITE OR THE SERVICES IN ANY WAY.
1. RESTRICTED USES
You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party’s privacy, intellectual property or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
You agree not to use the Services to transmit or otherwise share medical records between you and Customers. Any transmission of medical records shall be done outside of the Services in compliance with law, and MedPal shall not be liable for any such transmission.
Without limiting any of the foregoing, you agree that you will not (and you agree not to allow any third party to):
copy, modify, adapt, translate, or reverse engineer any Content or portion of the Site, its content or materials and/or the Services; remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any Content; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
access or retrieve any Content or portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the healthcare industry or healthcare providers;
reformat or frame any Content or portion of the web pages that are part of the Site and/or the Services; fraudulently or intentionally misuse the Services, including without limitation, for users who are not Healthcare Providers scheduling an appointment with a Healthcare Provider which you do not intend to keep;
create user accounts, book appointments or submit Content by automated means or under false or fraudulent pretenses;
collect or store personal data about other users;
attempt to affect the Services by exploiting a vulnerability that may cause any data on the Site to be erased, become inoperable or inaccessible, or that may otherwise cause the Site or the Services to become temporarily or permanently incapable of performing, or subject to control or data access by parties other than MedPal and its users;
use or transmit to the Site any disabling device, which includes, without limitation, software commonly referred to as a virus, worm, trojan horse, backdoor, malware or spyware;
use the Site unless you have executed all applicable informed consent documents required by the applicable Healthcare Provider and the MedPal Information Authorization, if applicable; or
use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
No Spam.
You may not use information provided by our users or Healthcare Providers, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. You may not allow others to use your account to violate the terms of this section. We may immediately terminate your registration or access to the Services and take other legal action if you or anyone using your account information violates these provisions.
2. USER CONTENT
Pursuant to the Terms of Use, you may submit feedback, submit inquiries, ratings and participate in the other interactive and community features of the Site, which shall be considered Posted Information. In providing feedback, please give clear, honest information about the Healthcare Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. We have the right to remove you from the Site at any time and for any reason. When participating in interactive or community aspects of the Service, do not post any information that another user or Healthcare Provider may use to identify you, but include all relevant information in a concise manner to help us provide you with a helpful response.
If you are a Healthcare Provider, you are prohibited from providing any Posted Information about another Healthcare Provider, unless and to the extent you are a bona fide patient of such Healthcare Provider. We reserve the right to remove any post that we may suspect is posted for any purpose other than to provide clear and honest information about a Healthcare Provider.
We reserve the right to publish your Posted Information as part of the Services and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information.
Without limiting the generality of the foregoing:
You are solely responsible for any Posted Information that you submit, publish or display through the Services or transmit to other members and/or other users of the Site, including any defamation claim.
You may not post, distribute, or reproduce in any way any copyright, trademark, patent, trade secret, and other intellectual property protected works without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the United States or international copyright, trademark, patent, trade secret, or other intellectual property right of any party.
You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by MedPal.
You may not provide any Posted Information that is-unlawful or that promotes or encourages illegal activity.
You understand and agree that MedPal may (but is not obligated to) review and delete any Posted Information that in the sole judgment of MedPal violates the Terms of Use or this USE POLICY, or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Services and/or other website users.
You agree that you will only provide Posted Information that you believe to be true.
You may not submit Posted Information that: (i) is false, deceptive or misleading; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of unsolicited mass mailing or “spamming”; (iv) violates, infringes or misappropriates the intellectual property or other rights of any person; (v) violates antitrust, competition, or consumer protection laws; (vi) is threatening, abusive, obscene, defamatory or libelous; or (vii) is pornographic or sexually explicit in nature.
The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. MedPal reserves the right to investigate and take appropriate legal action in accordance with the Terms of Use.
3. COPYRIGHT
MedPal Policy.
Our policy is to (a) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or other users; and (b) remove and discontinue Service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement to MedPal at the contact information listed below:
[--]
Once an infringement notification is received by MedPal, MedPal may: (i) remove or disable access to the infringing material; (ii) notify the content provider, member or user that it has removed or disabled access to the material; and (iii) for repeat offenders, terminate such content or user’s access to the Service.
4. UPDATES AND CHANGES TO THE ACCEPTABLE USE POLICY
We may change this USE POLICY at any time, as we deem appropriate. Upon any such change, we will post the amended USE POLICY on the Site. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the USE POLICY, the modification, and agreement to abide and be bound by the USE POLICY, as amended. We encourage you to periodically review this USE POLICY. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS USE POLICY, INCLUDING MODIFICATIONS, YOU MUST STOP USING THE SITE AND THE SERVICES IMMEDIATELY.