General
WeightLossDocs.com website is provided by Physicians Marketing Solutions, Inc. (“PMSI,” or “Company”). PMSI provides an online and virtual marketplace that enables consumers (“Consumers”) to find and connect with independent doctors that are unaffiliated with PMSI (“Doctors”) through the Services. Together, Consumers and Doctors are referred to as “Users” or “You.” Please note, that Weight Loss Docs is not a doctor referral service.
These terms and conditions of use (“Terms”) govern your use of PMSI’ websites, products and services (collectively, the “Services”). Please read these Terms of use carefully. By clicking on “I Agree,” or by browsing, accessing and/or using our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our privacy policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you are accepting these Terms on behalf of a Doctor, Consumer, company or other entity, you represent and warrant that you have the authority to bind such entity to these. If you do not have such authority, or if you do not agree to any terms and conditions set forth in these Terms, then you are not permitted to use the Services.
By clicking on the Sign Up button on the sign up page, indicates You have read and agree to the PMSI Terms and then clicking the “Continue” button You agree to submit the User registration form. You are entering into this Agreement and irrevocably accepting the obligations stipulated in these Terms and agree to abide by them. Accessing the Site through any Device You agree to be subjected to these Terms. You should, therefore, read these Terms carefully. If You do not agree to be bound by any Terms, do not check the box indicating Your agreement to these Terms and do not otherwise continue with the User registration process. In such case You will not be able to register as a User or otherwise use this Site. We specifically hold the right to deny access without any notice to any person who We believe has violated any of these Terms or for any reason whatsoever at PMSI sole discretion.
THE SERVICES ARE ONLINE SERVICES THROUGH WHICH USERS SEARCH FOR DOCTORS IN ORDER TO ASSESS HEALTH MATTERS. USERS UNDERSTAND AND AGREE THAT PMSI IS NOT A PARTY TO ANY AGREEMENTS OR ENGAGEMENTS ENTERED INTO BETWEEN USERS AND DOCTORS. PMSI HAS NO CONTROL OVER THE CONDUCT OF THE USERS OR DOCTORS USING THE SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
If you have any questions regarding the Services, or any related Services, please contact us at support@physiciansmarketingsolutions.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy located at [link to privacy policy].
How the Platform Works
PMSI is a two-sided marketplace that connects Users and Doctors to learn about the services they offer. Consumers conduct a search for a Doctor by providing certain information related to their location or concern (“Search”). The Consumer will then be able to review a listing (“Listing”) of a Doctor(s) based on their location, availability and areas of practice and be able to see their profile. Consumers then select the Doctor of their choice from the Listing and the User connect directly with one another. Consumers can directly call Doctors, or schedule an Appointment with the Doctors through the Services.
PMSI makes no representations or warranties about the quality of any medical services provided by the Doctors to the Consumers (“Medical Services”). The Medical Services provided by the Doctors listed on PMSI are not controlled by PMSI, and Doctors decide in their own discretion how to provide their Medical Services. We may conduct an initial internal review of Doctors candidates and their profiles when accepting them as Doctors on the Platform, but the PMSI does not otherwise screen Doctors or their content. Consumers are required to use their independent judgment before engaging a Doctor or otherwise interacting with Doctors while using the PMSI Platform. Consumers are solely responsible for making decisions when choosing to work with a Doctor and may not rely on any internal screening process undertaken by Company. Consumers agree that Company has no liability for damages associated with Medical Services or resulting from any other transactions between Users of the PMSI Platform.
Consumer Appointment Process with Doctors
When Consumers wish to make an appointment with a Doctor for a Medical Service available on or through certain areas of the site, the Consumer must put in their contact details during completion of the Service’s appointment registration process. By registering, Consumer represents, warrants and covenants that: (a) Consumer is least 18 years of age; (b) Consumer is using Consumer’s actual identity; (c) Consumer has provided only true, accurate, current and complete information about Consumer during the registration process; and (d) Consumer will maintain and promptly update the information that Consumer provides to keep it true, accurate, current and complete. Consumer may update information at any time by contacting the Doctor’s office directly.
Content
PMSI Services display both PMSI-created content and content that is not created or developed by PMSI such as content provided by the Doctors (the “Content”). We may review third party-content and content provided by Doctors to determine whether it violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content that is published via our Services. This includes the Content that Doctors post or provide to PMSI to post on WeightLossDocs.com, including, but not limited to, service descriptions, case studies, before and after photos, office photos, staff bios and credentials and we cannot guarantee the accuracy, adequacy or quality of any such Content, or the qualifications of those posting it.
License
Subject to the terms and conditions of these Terms, Consumers are granted a non-exclusive, non-transferable, personal, revocable license to (i) access and use the Services and the Content, and (ii) copy, download and store the Content to enable printing and/or offline viewing of any such Content solely for your non-commercial use and not for resale or distribution to anyone else. Using the Services does not give you ownership of any intellectual property rights in the Services or the Content accessed. Except in the context of browsing or accessing Services in accordance with these Terms, Content from our Services may not be uses unless Consumer obtains permission from its owner or is otherwise permitted by law. These Terms do not grant Consumers the right to use any branding or logos used in the Services. Do not remove, obscure, or alter any legal notices displayed in or along with the Services. You cannot use any aspect of the Services or the Content to compile lists of Doctors for commercial purposes, to establish independent data files or in violation of any applicable laws and regulations.
Intellectual Property Rights
Weight Loss Docs® is a registered trademark. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the PMSI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Services.
Users must not:
Modify copies of any materials from the Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
Users must not access or use for any commercial purposes any part of the Services or materials available through the Services.
Trademarks
The Company name Physicians Marketing Solutions, Inc., the brand “Weight Loss Docs”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Term and Termination
These Terms will take effect at the time Consumer clicks “I Agree” or accesses, uses or browses the Services or any Content. PMSI reserves the right, at any time and for any reason, without notice to Users: (a) to deny access to the Services, the Content or any portion thereof and (b) to change, remove or discontinue the Services or any portion thereof, or any of the Content or services available on or through the Services. Upon termination of Services, all licenses granted to Users under these terms immediately and automatically terminate and Users may no longer access, browse or otherwise use the Services, the Content or any portion thereof.
Doctors Reviews and Ratings; Case Studies
The Doctors Reviews and Ratings are based on online reviews provided by Consumers on Google or Facebook. Consumer assessments of the same Doctors may be very different, or be based upon different information. The results of a Doctors Review are not an endorsement of any individual Doctors, and are not a guarantee of a Doctors’ skills, competency, or character. The Doctors Reviews and Ratings are intended to be an to gather information about Doctors who may be the right fit for your medical needs, however, you should not rely only on the Doctors Reviews and Ratings in deciding whether to contact or engage any given Doctors. Please also note that the Reviews and Ratings should not be relied upon as a predictor of the outcome of any matter in which an engaged Doctors is involved. Any case results and settlements listed on the Services are no guarantee of a similar result in Consumer’s case. The results or outcome of your experience and results may vary.
Disclaimers
The Services and the Content are provided for informational purposes only, and are not intended as a substitute for professional medical advice. Always seek the advice of a medical provider for answers to any questions you may have regarding your health. The Services and the Content are not intended to be relied upon for medical advise. Never disregard medical advice or delay in seeking it because of something you have read on our Services or Content. Reliance on the Services and the Content is solely at your own risk.
The Services and the Content found on PMSI is intended for general informational purposes only and should be used only as a starting point for addressing your your health and medical concerns/condition(s). The Services and the Content are not the provision of medical services, and accessing such information, or corresponding with or asking questions to a Doctors via the Services, or otherwise using the Services, does not create an doctor-patient relationship between Consumer and PMSI, or you and any Doctors listed in the Services. The Services are not a substitute for an in-person or telephonic consultation with a Doctor licensed to practice in your state and Consumer should not rely on such Services and the Content. You understand that questions and answers or other postings to the Services are not confidential and are not subject to doctor-patient privilege. You agree to assume all responsibility in connection with choosing any Doctor, whether or not you obtained information about such Doctor on or through the Services and the Content. You specifically acknowledge and agree that we are not responsible or liable for any medical services or other services rendered by any Doctor, or for any medical malpractice claims and other claims that may arise directly or indirectly from any such advice or other services. The results of the Services provided by Doctors may vary from person to person. PMSI Services provides Listings of Doctors that are unaffiliated with PMSI. PMSI is simply the intermediary marketplace. Consumer is liable for paying the Doctors for the services provided by the Doctors. PMSI has no liability, either primarily or secondarily, for paying the Doctors. The fees you pay for Medical Services are charged by the Doctors. Furthermore, you understand that PMSI cannot be held responsible for the quality or accuracy of any Medical Services or the Content provided by Doctors Consumer connects with via PMSI.
Copyright Infringement
PMSI responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Services infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with PMSI at our email address:
support@physiciansmarketingsolutions.com
Subject Line: DMCA Compliance
Please provide the following information:
A description of the copyrighted work you believe to have been infringed;
A description of the URL or other location on our Services of the material you believe to be infringing;
Your name, mailing address, telephone number and email address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
External Links
The Services may contain links to other websites for the convenience of Users. These other sites have not been reviewed by PMSI and are maintained by third parties over which PMSI exercises no control. Accordingly, PMSI expressly disclaims any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this the Services, you should be aware that the PMSI Terms and policies may no longer govern, and, therefore, Users should review the applicable terms and policies of each linked site.
Disclaimers and Acknowledgements Regarding Use of Content
The information and Medical Services provided by Doctors presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the information on the Services of through Doctors who participate in providing Medical Services to Consumers. Any reliance you place on such information and your participation in the Programs is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials and your participation in the Services by Users.
Although our Services are used for your to address health and wellness matters, the content provided on the Services should not be considered medical advice and is not intended to replace the relationship that you have with Doctors found through the Services. You should discuss all information from the Content in the Services with your Doctor before making any medical decisions. PMSI does not recommend or endorse any specific Doctors or the Medical Services undertaken by Doctors.
At times, the Services may include Content provided by third parties, educational content about health issues. All statements and/or opinions expressed in these materials and all articles and responses to questions and other Content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PMSI. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
PMSI DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, PMSI AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES AND THE CONTENT. THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS.” PMSI ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PMSI OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY MEDICAL ENGAGEMENT; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF INFORMATION. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PMSI, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
User-Posted Content & Other Interactive Services
PMSI may include interactive areas in which Users may post a question to Doctors, (the “User Content”). Users retain all rights in, and are solely responsible for, the User Content Users post to PMSI. User is also solely responsible for User’s use of such interactive features, and use them at User’s own risk. PMSI reserves the right to remove or modify User Content for any reason; including User Content that PMSI deems, in its sole discretion, to be illegal, offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise violates the terms and conditions of these Terms or PMSI policies.
When Users post User Content to PMSI and Doctors, User gives PMSI and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the PMSI Services, the foregoing license includes a right to reproduce User profiles, and any name, likeness or photograph contained in such profile. If a user submits feedback or suggestions about our Services, we may use the feedback or suggestions without obligation to the User.
Indemnification
User agrees to defend, indemnify and hold harmless PMSI, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content User posts, stores or otherwise transmits on or through the Services or User’s use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, User’s conduct, User’s violation of these Terms or User’s violation of the rights of any third party.
Modifications
PMSI reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this Agreement from time to time. PMSI will post any changes on this page (with the effective date of the update near the top of this page). We encourage Users to check back and review these Terms for any updates or modifications. After any such modification becomes effective, we will deem User’s continued use of the Services to constitute User’s acceptance of and agreement to such modification.
Applicable Law and Venue
The laws of the State of New York, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services and the Content. All claims arising out of or relating to these Terms or the Services and the Content will be litigated exclusively in the state or federal courts located in Bronx County, New York, US and User and PMSI consent to personal jurisdiction and exclusive venue in such courts.
The Services and Content are controlled and operated by PMSI from its offices within the United States. We make no representation that this website, and the Services and Content are appropriate or available for use outside of the United States, and access to the Services and Content from territories where the Services and Content are illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
Waiver, severability, and assignment
PMSI’ failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. User may not assign any of User’s rights under these Terms, and any attempt to do so will be void. PMSI may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.