PATIENT DOCTOR TECHNOLOGIES, INC.

TERMS OF USE

Last updated: April 12, 2016

These Terms of Use (“Terms”) governs your use of PDT’s website, application and the any notifications and messages received through the website and application (collectively, the “Service”). Please read these Terms carefully before using the Service. Using the Service indicates that you accept these Terms. If you do not accept these Terms, please do not use the Service.

  1. General.   This Service is owned and operated by Patient Doctor Technologies, Inc. (“ PDT ,” “ we ” and “ us ”). We reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We will notify you of any changes to these Terms by posting them to this page. Your continued use of the Service after a change has been posted constitutes your acceptance of the change. If you disagree with any of these Terms, your sole remedy is to discontinue your use of this Service.
  2. Copyright.   This Service, and all content available hereon, is protected by copyright. Except for the Materials (subject to the license set forth in the next section of these Terms), no portion of this Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without PDT’s prior written consent. Any such modification or use of the Service’s content for any purpose not authorized under these Terms is a violation of the copyrights and other proprietary rights of PDT (or other entities where so indicated). Permission for all uses of the Service other than as expressly authorized under these Terms, including reproducing and distributing multiple copies, or linking to any page at this Service except the “home page” ( https://doctella.com ), must be obtained from PDT in advance. Any such request should be submitted via an email to info@doctella.com . The use of this Service, or any content available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to this Service, in each case whether registered or unregistered, and related goodwill are proprietary to Company.
  3. Materials; Restrictions.   The questions, notes and other medical procedure-related materials specified as available to be downloaded from other otherwise accessed on this Service are collectively referred to in these Terms as the “ Materials .” The Materials, as well as the infrastructure used to provide such content and information, is proprietary to PDT.  Except as permitted in the Terms, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Materials obtained from or through this Service. PDT grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use and copy solely for your personal and non-commercial purposes any of the Materials that you download from or otherwise access on this Service.  Additionally, you agree not to use this Service or the Materials other than on the technology platform maintained by PDT.  Except as expressly authorized in the previous sentence, you shall not, directly or indirectly, in whole or in part: (i) copy any of the Materials without PDT’s prior written consent; (ii) sell, rent, sublicense, distribute, publish, assign or otherwise transfer any rights in any of the Materials without PDT’s prior written consent; (iii) permit any third party to benefit from the use of any of the Materials via a timesharing, service bureau or similar arrangement; (iv) use any of the Materials in any unlawful manner or for any unlawful purpose; (v) remove or destroy any copyright notices or other proprietary markings on any of the Materials; (vi) do anything which adversely affects PDT’s right, title or interest in or to the Materials; or (vii) provide your login credentials and password to any other person.
  4. No Provision of Medical Care.   PDT provides tools and information that are intended to help you participate with your doctor in the management of your health care.  All content PDT provides on this Service, including the Materials and all other text, graphics, images, and other content, is provided for informational purposes only.  The tools and information PDT provides are not intended to be, and are not, professional medical advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions, and you should not rely on them as such. No doctor-patient relationship is formed by your use of this Service or the information PDT provides. You should always seek the advice of physicians or other qualified health care providers if you have questions about any physical or mental health condition or any of the information you receive from this Service.  PDT does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be described on this Service.
  5. How You Should Use the Information from this Service.   You should never disregard professional medical advice or delay seeking professional medical advice, diagnosis, or treatment based on anything you read or obtain on this Service.  You should consult your doctor or other qualified health care professional if you have any questions about a medical condition, and before taking any drug, changing your diet, or commencing or discontinuing any course of medical or other health care treatment.  Do not ignore or delay obtaining professional medical advice because of any information or other content you obtain from this Service.  
  6. Accuracy, Completeness, Timeliness.   However, given the complexity of health care conditions and the specific health, history, needs, and circumstances of each individual, PDT cannot provide information that covers all possible cases, uses, directions, precautions, drug interactions, adverse effects, or other matters that may be relevant to you or your particular health care condition.  Some of the information PDT provides may become outdated, making it incorrect, and will only be updated periodically, if at all.  Health care knowledge and practice can evolve rapidly, and therefore PDT makes no representation or warranty, either express or implied, as to the accuracy, completeness, adequacy, currency or timeliness, of the information and tools provided on this Service.  The use of any content PDT provides is at the your own risk.  PDT shall not be liable for your reliance on any incorrect or outdated information on this Service.  PDT further assumes no liability or responsibility for any errors or omissions in any of the content of this Service or the information provided to you.
  7. Prohibited Activities.   In using this Service, you must not:
  1. User-Submitted Information. You must exercise caution, good sense and sound judgment in using this Service. You are responsible for any information that you transmit to or through the Service (or to us through email). You agree, represent and warrant that any information you transmit to or through the Service (or to us through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information.  Certain information collected from you on the Service is subject to our Privacy Policy  available in the footer of this Service.

                Please be aware that by submitting content to this Service by postings on this Service or otherwise, including any list of questions, checklists, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant PDT and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge and agree that the Submissions are not being made on behalf of any institution or your employer, and that you are acting only on behalf of yourself as an individual.  You acknowledge that PDT may choose to provide attribution of your Submissions at our discretion. You further grant PDT the right to pursue at law any person or entity that violates your or PDT's rights in the Submissions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

By providing Submissions to the Service, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Service any of the following:

PDT takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is PDT liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, PDT is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although PDT has no obligation to screen, edit or monitor any of the Content contained in the Submissions, PDT reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Service at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Service at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by PDT or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release PDT, and its licensees, successors and assigns, from any claims that you could otherwise assert against PDT by virtue of any such moral rights.

Any use of Service in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Service.

  1. Unsolicited Ideas.   PDT does not accept or consider unsolicited ideas, including ideas for new products or technologies. You must not transmit any material to or through this Service that you consider to be confidential or proprietary. Any material that you transmit to or through this Service will be considered non-confidential and non-proprietary. Except as expressly provided in our  Privacy Policy , you give PDT an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that PDT has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to or through this Service.
  2. PDT DMCA Policy.  PDT respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, PDT will respond expeditiously to claims of copyright infringement committed using the PDT service and/or the Service if such claims are reported to PDT’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement and delivering it to PDT’s Designated Copyright Agent. Upon receipt of Notice as described below, PDT will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

DMCA Notice of Alleged Infringement (“ Notice ”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  1. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to PDT’s Designated Copyright Agent:

Copyright Agent
Patient Doctor Technologies, Inc.
440 N. Wolfe Rd.

Sunnyvale, CA 94085
[ copyright@doctella.com  ]

  1. Trademarks. All trademarks, service marks, logos and trade names on this Service, whether registered or unregistered, including but not limited to “DOCTELLA” and “PATIENT DOCTOR TECHNOLOGIES, INC.” are proprietary to PDT or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
  2. Links to Other Websites. For your convenience, this Service may contain links to other websites. If you use these links, you will leave this Service. Certain of these linked websites may make use of PDT’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from PDT. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not PDT is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by PDT of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other website.
  3. Jurisdictional Issues. This Service is controlled and operated by PDT from its offices within the State of California. PDT makes no representation that the Materials or any other content available on this Service are appropriate or available for use in other locations. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to this Service from jurisdictions where the contents of this Service are illegal or penalized is prohibited. No information or software from this Service may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information or software from this Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.  
  4. Termination. PDT may terminate your use of this Service at any time in our sole discretion.   Upon any such termination, you must destroy any Materials or any other content obtained from this Service and all copies thereof. The provisions of these Terms concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
  5. No Guarantee.   You acknowledge that PDT does not endorse, represent or guarantee the truthfulness, accuracy, completeness, or reliability of any of the Materials or any other content available on this Service.  You acknowledge that any reliance on any of the Materials or any other such content will be at your own risk.
  6. Disclaimer. ALL OF THE MATERIALS AVAILABLE ON THIS SERVICE, AND ALL OTHER CONTENT HEREON, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PDT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PDT DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PDT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR ANY OTHER CONTENT ON THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
  7. Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PDT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THIS SERVICE, EVEN IF PDT OR A PDT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.
  8. Service Security.   You are prohibited from violating, or attempting to violate, the security of this Service. Any such violation may result in criminal and/or civil penalties against you. PDT will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
  9. Privacy.   Personal information about you and certain other information obtained through this Service is governed by our Privacy Policy  available in the footer of this Service, which is incorporated by reference to these Terms.
  10. Governing Law; Disputes.   These Terms shall be interpreted in accordance with the laws of the state of California without reference to its conflict of law provisions.  Any dispute, claim or controversy arising out of or relating to the Service or these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Jose, California before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court’s jurisdiction. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude PDT or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
  11. Other. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein (unless you are a beta customer of PDT, in which case any conflicting terms of your beta customer agreement with PDT shall control as long as such agreement is in effect).
  12. Questions.   If you have any questions regarding these Terms, please submit your questions via an email to info@doctella.com . We will endeavor to respond to you promptly.