Terms of Service for Physicians
If you are a physician, see below. If you are looking for the Terms of Service for Patients, click here.
This Terms of Service Agreement (“Agreement”) describes the terms and conditions under which physicians and dentists (“you” or “User”; references to physicians are intended to encompass physicians and dentists) may make use of the information, features and services available on or through the TraveDoc, Inc. (“TraveDoc” or “we” or “us”) website (“Service” or “Services”). Separate Terms of Service describe the terms and conditions under which prospective patients may make use of the Services. You should read this Agreement carefully, because by indicating acceptance of this Agreement or by otherwise using the Services, you are entering into a legally binding agreement with TraveDoc. If you do not agree to these terms and conditions, you must not use the Services.
In order to participate in the Service and be connected with prospective patients, you must create an account and register with us. If you register as a User or otherwise use the Services, you represent and warrant to TraveDoc that: (i) you are of legal age to form a binding contract; (ii) you are a certified medical doctor licensed to practice medicine by the applicable licensing authority in your locality; (iii) you are willing and able to treat patients who contact you through the Service; (iv) you will perform your medical services in compliance with all applicable laws, rules and codes of conduct; (v) you will provide TraveDoc with accurate, current and complete registration information; and (vi) your registration and your use of the Services is not prohibited by law. You are responsible for your own registration and all use of the Services under it. Sharing passwords with any other person is not permitted nor is the bulk registration of users and/or patients.
Your registration and listing as a physician on the Service is subject to your payment of applicable license and subscription fees. When you apply to be listed on the Service, you are purchasing a license(s) to access the service in accordance with this Agreement and the additional terms and conditions that accompany your invoice. TraveDoc reserves the right to suspend your registration or remove your listing if you have not paid applicable fees. UNTIL YOU CANCEL YOUR REGISTRATION, TRAVEDOC WILL AUTOMATICALLY RENEW YOUR LISTING AT THE APPLICABLE RATE AS IN EFFECT AT THE TIME OF RENEWAL.
3. TraveDoc Does Not Provide Medical Advice.
The content contained on the TraveDoc website and the Services are for informational and scheduling purposes only and is not intended to constitute medical advice. Prospective patients may view certain information about you and your medical practice on the TraveDoc website. Any such information is not intended to constitute medical advice and should not be used as a substitute for the professional advice, diagnosis and treatment of a qualified medical professional. You agree that You will require all of the licensed users in our practice group or organization to comply with this Agreement.
4. TraveDoc Does Not Provide Medical Referrals.
Prospective patients may use the TraveDoc website to learn about the availability of physicians in areas where they are or may be traveling. Patients may use the Service to contact you and set up a medical appointment or consultation. TraveDoc is a directory service, and does not provide referrals or recommendations of any kind. TraveDoc does not screen the patients who contact you through the Service, and you should exercise the same diligence and caution you would exercise for any prospective patient who contacts you. TraveDoc is not liable for the failure of any patient or prospective patient to attend a scheduled appointment or to render payment therefor.
5. Use of the Services Does Not Establish Doctor Patient Relationship.
If you utilize the Services, certain information about you will be made available to prospective patients through our Website. Prospective patients may use this information to contact you to schedule an appointment or consultation. NO MEDICAL OR PROFESSIONAL PATIENT RELATIONSHIP IS CREATED BY USING OR RELYING ON INFORMATION CONTAINED ON OUR WEBSITE OR OBTAINED THROUGH USE OF THE SERVICES.
6. Proprietary Materials and Ownership.
The Services and the TraveDoc website are the property of TraveDoc. Without limitation of the foregoing, all the text, images (including but not limited to the profile pictures we create for your account), sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the “Site Content”), and all software embodied in the TraveDoc website or mobile application or otherwise used by TraveDoc to deliver the Services (“Software”) is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content (collectively, the “TraveDoc Property”) is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks TRAVEDOC, A Doctor in Your Pocket, and the TraveDoc logo are registered or unregistered trademarks of TraveDoc, and they may not be used in connection with any service or products other than those provided by TraveDoc, in any manner that is likely to cause confusion among users or patients, or in any manner that disparages or discredits TraveDoc. The Services may also feature the trademarks, service marks, and logos of TraveDoc or third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
7. License to Use the Services.
TraveDoc grants You a license(s) for the number of users specified on your invoice to access the Services (“User Licenses”) subject to the terms and conditions of this Agreement. Each User License enables access to the licensed Services by individuals with a user ID and a password validly issued and registered by TraveDoc. A User License is required for each individual that has access through the network to the Services. User is prohibited from providing access to third parties and to any non-licensed employee. User acknowledges that access to the Services is limited to the terms and conditions set forth herein and identified in any invoice or purchasing document attached hereto and any expansion must be agreed to in writing by TraveDoc.
TraveDoc authorizes you to access, view and use the Services subject to the payment of any applicable fees. You may not remove any copyright, trademark or other proprietary notices that have been placed on the TraveDoc Property. Changing, copying, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the TraveDoc Property, or any portion of the TraveDoc Property, is strictly prohibited without the prior written permission of TraveDoc, unless this Agreement otherwise expressly allows you to do so.
You warrant and agree that your use of the Services will be consistent with this Agreement and will not infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. You will comply with all applicable laws, regulations and ordinances relating to the Services, the TraveDoc Property or your use of them, and in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
You are responsible for obtaining and maintaining the computer and other equipment you use to access the Services, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with the Services.
TraveDoc undertakes to conduct a background check of users listed through the Services, as well as to verify the applicable board licensure of all users. In addition, TraveDoc may evaluate the medical facility at which you practice to ensure its compliance with international guidelines. TraveDoc reserves the right to terminate your use of the Services at any time, with or without prior notice to you. Following any such termination, you must cease holding yourself out as being a participant in the Services.
8. User Content
9. Services Restrictions.
9.1 You shall not:
- Use the Services to propagate spam, computer viruses, or other content that might damage the personal property of others or inhibit the ability of others to access and utilize the Services;
- Use spiders, web crawlers or any similar device or technology to harvest data available on or through the Services;
- Use, upload, post, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws;
- Impersonate any person or entity to disguise the origin of any User Content;
- Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
- Post any User Content more than once or “spam”;
- Post any User Content that contains an endorsement, advertising or promotional material or constitutes commercial activity of any sort;
- Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in TraveDoc’s sole judgment, exposes TraveDoc or any of their officers, directors, employees or agents to any liability or detriment of any type; or
- Reproduce, transmit, or otherwise use any information obtained from patients or prospective patients except to schedule an appointment with and render medical services to such patient or prospective patient.
- Register users in bulk, white label the Services in any manner, or, except as set forth herein, make additional commercial use of the Services.
9.2 TraveDoc reserves the right (but is not obligated) to do any or all of the following:
TraveDoc has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
Use of the Services is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to register as a User or to send personal information to TraveDoc.
11. Third Party Websites.
The TraveDoc website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by TraveDoc. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
12. Ideas Submitted to TraveDoc.
TraveDoc is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions for the Services (“Services Comments”), the Services Comments will be deemed, and will remain, the sole property of TraveDoc. None of the Services Comments will be subject to any obligation of confidence on the part of TraveDoc, and TraveDoc will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, TraveDoc will be entitled to unrestricted use of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
13. Warranty Exclusions and Limitations of Liability.
TraveDoc may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Services. TRAVEDOC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALLWARRANTIES OG MERCHANTABILIY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND TRAVEDOC PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE TRAVEDOC PROPERTY. No advice or information, whether oral or written, obtained by you from TraveDoc or through the Services will create any warranty not expressly stated herein.
TRAVEDOC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE PROFESSIONAL COMPETENCY OF ANY PHYSICIAN WHOSE INFORMATION IS AVAILABLE THROUGH THE SERVICES, NOR AS TO THE MEDICAL ACCURACY OF ANY DIAGNOSIS, ADVICE OR RECOMMENDATION FOR TREATMENT PROVIDED BY ANY SUCH PHYSICIAN. USERS MUST RENDER THEIR JUDGMENT IN ENGAGING THE SERVICES OF ANY SUCH PHYSICIAN AND TRAVEDOC SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE) INCURRED BY ANY USER RESULTING FROM SUCH USER’S ENGAGEMENT OF A PHYSICIAN VIA THE SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM TRAVEDOC ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR THE TRAVEDOC PROPERTY, EVEN IF TRAVEDOC HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TRAVEDOC’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A REFUND OF THE AMOUNT PAID BY YOU FOR THE RELEVANT SERVICES. IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF TRAVEDOC FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE TRAVEDOC PROPERTY SHALL BE THE FEES PAID BY YOU DURING THE THREE (3) MONTHS BEFORE THE DAMAGES AROSE, WHETHER THE CLAIM AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. Indemnity; Liquidated Damages
User shall defend, indemnify and hold harmless TraveDoc against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with User’s use of the Services or User’s breach of any provision of this Agreement or from any claims brought by User’s patitents. TraveDoc reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with TraveDoc with respect to such defense and settlement.
16. Applicable Law and Jurisdiction; Compliance.
You and TraveDoc agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of The Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you gain access to the Services from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
17. Suspension; Modifications and Termination.
TraveDoc reserves the right to suspend your password and/or access to the Services at any time if TraveDoc reasonably believes that you are in breach of this Agreement, or that you are not fit or qualified to be listed on the Service. TraveDoc reserves the right to terminate this Agreement at any time on notice to you. If termination is for TraveDoc’s convenience and not due to your fault, TraveDoc will provide you with a pro rata refund of fees paid. TraveDoc may modify this Agreement at any time upon thirty (30) days’ notice to you. Your continued use of the Service will indicate your acceptance of any such modifications. If you do not accept any such modifications, you may terminate this Agreement and you will be entitled to a pro rata refund of fees paid. Sections 2, 3, 4, 5, 7, 8, 9, 12, 13, 14-20, any accrued rights and remedies, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
18. Force Majeure.
In no event shall TraveDoc be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside TraveDoc’s reasonable control.
19. Third Party Beneficiaries.
The provisions of Sections 2-9, 12-14 and this Section 19 of this Agreement are entered into for the benefit of TraveDoc, its third party licensors, and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.
20. Miscellaneous Provisions.
No delay or omission by TraveDoc in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by TraveDoc of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with which TraveDoc has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and TraveDoc regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of TraveDoc. We may assign this Agreement to any purchaser of the TraveDoc business. This Agreement may be executed electronically, and your electronic assent or use of the Services shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Effective Date of Terms: August 02, 2014.