Health Expert Terms & Conditions
Acceptance of Terms
Welcome to MDinfo.com (hereafter, "Service" or "Site"), a website owned and operated by MDinfo Inc. (hereafter, “MDinfo”).
By applying to be a Health Expert on the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.
Right to Modify Terms
MDinfo may change, revise or modify any of the Terms at any time by posting the amended terms on the Site. Changes shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Service. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
Informational and Educational Purposes Only
The MDinfo Site is a venue for informational and educational purposes only. No professional-client relationships may be formed on the Site.
Content and License
Any information or communications provided in questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Health Expert Forum(s) and other places where Users communicate with one another on the Site (hereafter, “Posts”) will not be considered confidential and may be used by MDinfo. As between you and MDinfo, you will maintain whatever ownership interest you have in and to the Posts you provide on the Site. MDinfo reserves the right to remove any or all of your Posts, in whole or in part.
You grant to MDinfo a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.
Health Expert Representations and Covenants
By agreeing to this Health Expert Agreement and completing the online registration process, you are representing and agreeing that:
1. All information you provide in your registration with MDinfo relates to yourself only and is accurate, complete and not in any respect misleading. You accurately describe your background, skills, knowledge and your level of experience (including professional licenses, certifications, education, employment, etc.). You do not misrepresent yourself or create a misleading profile.
2. You will provide general information only, not medical advice; you shall not diagnose, treat or recommend treatment or a course of action that should only be performed after an in-person examination or meeting; and shall not act in a manner or engage in a form of communication that would establish a professional-client relationship on the Site.
3. You will provide competent answers that are within your realm of Health Expertise and any applicable credentials only, and will use at least a reasonable standard of care in providing answers (a reasonable standard of care being the higher of (i) the standard you apply in your profession not conducted on the Site or on the Internet and (ii) the standard of care required by the applicable profession).
4. You will not do anything to manipulate, undermine, or disrupt the integrity of any User, Health Expert or other feedback ratings, reports or systems on the Site, including but not limited to filing false reports about other Health Experts or communicating with other Health Experts about a plan of filing reports or making complaints about other Health Experts. You will not harass or threaten any other User of the Site.
5. You will maintain and update such information within twenty-four (24) hours of any changes so that it remains true, accurate and complete. In addition, if any change to this information alters the status of any of your credentials that have been verified for purposes of being a Health Expert on the Site (e.g. active license becomes inactive or suspended; disciplinary investigation opens, etc.), you will notify MDinfo of such change by sending an email to support@MDinfo.com within twenty-four (24) hours of the change. In addition, if such change makes you ineligible to be a Health Expert on the Site, then you should immediately cease answering questions on the Site.
6. You will abide by all the laws, rules, regulations, and ethical standards pertaining to your profession and/or the profession applicable to categories in which you are a Health Expert.
7. You will not engage in the Restricted Activities noted in the Terms of Service, including but not limited to copyright infringement (i.e. you may not copy and paste information from other websites into your Posts, unless you have received the necessary authorizations to do so).
Tests, Verifications and Other Requirements
As a condition of becoming or continuing to be a Health Expert on the Site, you may be required to and you agree to pass subject matter or other tests and/or provide information about yourself (e.g. professional licensing, certification, education and employment status and history) as requested by MDinfo at any time. In such an event, you consent to MDinfo's disclosure of information to third-parties in order to verify such information (if MDinfo chooses to conduct or order such verification, which it is not obligated to do) or in order to comply with federal, state or local laws or regulations. MDinfo may require that you pay for all or a portion of any verification fees. Neither passing a test nor paying for or agreeing to undergo verification creates any rights for the Health Expert to be a Health Expert on the Site – MDinfo may still suspend or terminate a Health Expert’s service at any time, without notice, for any or no reason, and in its sole discretion.
Health Expert Accounts and Relationship to MDinfo
You may not share your account with, nor use the account of, anyone else. You will be solely and fully liable and responsible for all activities and answers provided under your username and password. In addition, if any MDinfo account of yours has been suspended or terminated, you may not open another account on the Site.
No relationship (such as partnership, agent, joint venture, or employee) between you and MDinfo is created by this agreement or your participation on the site. You acknowledge that you are not an employee or agent of MDinfo but are only a User of the Site. Nothing regarding your participation on the Site will be considered as an endorsement, referral or recommendation by MDinfo of you or the answers you provide and you will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.
Other Health Expert Agreements
By agreeing to this Health Expert Agreement and completing the online registration process, you are agreeing that:
1. In any calendar month that you answer questions on the Site, you will not also answer questions on any other website that includes a question-and-answer component, unless that component is via the MDinfo API program, or it is a website on which you are the only person answering questions.
2. You will not use the Site in any way to solicit or contact any other Users to ask or answer questions on any other website.
3. You will not make any statement that disparages MDinfo, its services, products, directors, officers, employees, shareholders or agents (i) to any Users of the Site or (ii) in any location outside of the Site or communications exclusively to MDinfo, except as required by law.
4. You will not provide information on any other websites about MDinfo, unless you expressly state that your statements are not made on behalf of and have not been approved by MDinfo (unless they have been approved by MDinfo in writing).
Health Experts are granted access to the Site beyond the access granted to other Users and, as such, have access to information not known by other Users of the Site (“Confidential Information”). Health Experts shall maintain all Confidential Information in confidence, shall use such Confidential Information only in connection with their legitimate activities on the Site, and shall not disclose Confidential Information to non-Health Experts unless required by law.
Restrictions, Suspension and Termination of Accounts and Service
At any time, without notice, for any or no reason, and in its sole discretion, MDinfo reserves the right to refuse service to anyone, or to put restrictions on, suspend or terminate a Health Expert’s account privileges or account.
At any time, without notice, for any or no reason, and in its sole discretion, MDinfo reserves the right to modify or discontinue any portion or all of the Service. Health Expert has no rights in and to the Site and Services or in and to any use or continued use of such Site or Services.
You agree to indemnify, defend and hold MDinfo, any and all parent, subsidiary and affiliate organizations, officers, directors, shareholders, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that is in any way due to or arising out of your use of or conduct on the Site, including, without limitation, that results from any answer provided or relied upon on the Site. To the extent any such claim is brought to MDinfo’s attention and not to your attention, MDinfo shall provide you reasonable notice of such claim. MDinfo shall be entitled to participate in the defense of such claim.
MDinfo is based in Denver, Colorado, in the United States of America. MDinfo makes no claims that MDinfo.com is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MDinfo 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: Warranties and Limitation of Liability, User Submissions, Indemnification, Jurisdiction, and Complete Agreement.
Notice and Takedown Procedures / Copyright Agent
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting MDinfo's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
MDinfo's agent for copyright issues relating to this web site is as follows:
MDinfo, Inc. Copyright Office
1550 Larimer St.
Denver, CO 80202
In an effort to protect the rights of copyright owners, MDinfo maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
You expressly agree that exclusive jurisdiction for any dispute with MDinfo, or in any way relating to your use of the MDinfo Site, resides in the courts of the State of Arizona and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any such dispute including any claim involving MDinfo or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of the State of Arizona, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
MD Info, Inc.
1550 Larimer St.
Denver, CO 80202