Terms of Service - By using MDcircle, you signify that you agree to these terms of service, including that you agree to transact with us electronically, that you consent to the information practices disclosed in this privacy policy, and that you consent to resolve in New York any dispute that you may have with us, our information suppliers, or this site. Please note that we offer the site "AS IS" and without warranties.

Changes to These Terms of Service - These Terms of Service govern your relationship with us and our information providers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the site and services, we will let you know by sending you an email if we have a current email address for you. If you disagree with the changes to these Terms of Service, discontinue your use of the site, or if you have registered as a member, cancel your registration. Your ongoing use of any service or of the site after the changes take effect signifies your agreement to the new terms.

Registration - Patients and doctors can view most information but cannot contribute unless they register. In order to contribute to the website by posting blogs, making reviews and networking, you need to provide basic credit card information so that we can validate you as a unique user. During registration you will provide an email address and create a password. You will also select a screen name that will be your "nickname" on the site. You may not use a screen name that is vulgar, attempts to impersonate another person, or violates the rights of others.

Your Responsibilities - You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use MDcircle for lawful purposes only. When participating in our communities or providing ratings, you must comply with the Posting Guidelines. You may not use MDcircle in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use. You may not attempt to gain unauthorized access to any user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

Limitation on Use of Automated Tools - You may not use any robot, spider, scraper or other automated means to access this site for any purpose without our express written permission, except that you may use Standard for Robot Exclusion (SRE) - compliant robots ("robots") provided that when connecting to this site, prior to downloading or indexing any pages on the site, such robots will immediately visit http://www.MDcircle.com/robots.txt ("the robots.txt file"). You understand that the robots.txt file is the only means by which robots are authorized to access the site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the site, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the site.

Links to Other Sites - The site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

Advertising and sponsorship policy  - We accept advertising and sponsorship under strict guidelines to further our mission of making reliable health information available to you. Only advertisement that we believe is compatible with our mission is allowed. The presence of an ad on our site does not imply endorsement of the advertised company or product. Advertisers and sponsors must not make unsubstantiated health claims or suggest that MDcircle has endorsed a product. MDcircle maintains a distinct separation between advertising content and editorial content. All advertising content is clearly labeled as Ads by Google.

No Spam - You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership and take other legal action if you or anyone using your credentials violates these provisions.

Posting Guidelines - MDcircle includes a community area, where members can post messages, information, and images such as forums, blogs, and personal stories, that can be accessed and viewed by others, including the public in general. When you submit postings keep in mind that they are not confidential and that they will be designated as modules that can be clipped and pasted on other personal and community websites. Please be thoughtful with your postings, and avoid offending others or infringing their rights. We reserve the right to block your ability to post and/or to access MDcircle. You also will have the opportunity to submit ratings of doctors and hospitals. It is important that you act responsibly when providing these ratings. Please give clear, honest information about the doctor or hospital and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. Please be respectful and thoughtful with your ratings. Your ratings are considered postings and must comply with the Posting Guidelines.

While some community areas are monitored for topicality, we have no obligation to pre screen postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason. We are not, however, responsible for any failure or delay in removing postings. Keep in mind that the postings of others are simply their opinions and you should not rely on them.

Do: Remember you’re in public — any time you post something, it is public and can be viewed by anyone on the Internet. MDcircle encourages you to be frank because you can post anonymously. Be respectful and fair or you will be banned from access, Include both the pluses and minuses. If you had a negative experience, post some suggestions and or constructive feedback. Focus on WHY you had a good or bad experience and HOW it could have been made better.

Submit ratings only for doctors, insurance companies and hospitals you have had personal experience with. Always be thoughtful about your recommendations. Everyone’s situation is unique.

Don't pretend to be someone you are not or claim false credentials. Strong vulgar language or crude sexual references will not be tolerated and you will be warned and or banned. Do not post links to content that is obscene or objectionable. Do not use a review or post to vent or cause harm.

Linking To This Website - You generally do not need to obtain permission from MDcircle to put a text link on your site that links back to the www.MDcircle.com website. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to MDcircle.com. Please use the supplied linking code in the Link To Us section. The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

We Make No Warranties - We provide MDcircle.com “as is”. We and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are of satisfactory quality, accurate, fit for a particular need, or non-infringing. We do not guarantee that the results that may be obtained from the use of these services will be effective, reliable, and accurate or meet your requirements.

We Do Not Provide Medical Advice - This site is designed for educational purposes only. You should not rely on this information as a substitute for professional medical advice. If you have any concerns or questions about your health, you should always consult with a physician or health care professional. Do not disregard or delay obtaining medical advice from your health care professional because of something you may have read on this site. The use of any information from this site is solely at your own risk. Your access or use of this site and the services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the site. If you rely on any of the information provided by this site, its employees, or its guests or visitors, you do so solely at your own risk.

General Limitation of Liability - Your sole and exclusive remedy for any dispute with us or our information providers is the cancellation of your registration. MDcircle and our information providers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the site and services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequestial or incidental damages, in such situations, our liability, and the liability of our information suppliers, shall be limited to the extent permitted by law.

Termination - We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies by you or someone using your credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Your right to use the services will end once your registration is cancelled or terminated, and any data you have stored on such a service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time.

Indemnification - Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of MDcircle. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Entire Agreement - This contract and any supplemental terms, policies, rules and guidelines posted on MDcircle constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes - You agree that the law of New York state governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to New York’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in New York.

Last updated 8/10/2008 3:06:26 PM