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Terms of Use

DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCIES. FOR EMERGENCY SERVICES, DIAL 9-1-1 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

1. These Terms of Use Are a Binding Agreement.

S. Oscherwitz, MD, PLLC, an Arizona professional limited liability company d/b/a Doctor Detective ("Dr. Detective", "we" or "us") thanks you for visiting our website ("Website"). Access to the Website, including all information, documents, communications, software, products, services, features, files, text, graphics and audio/visual files (collectively, the "materials"), is made available subject to and conditioned upon your acceptance of these Terms of Use.

By accessing, using, viewing or downloading in any way, without limitation, any materials on or from this Website, or merely browsing this Website, you agree to and are bound by these Terms of Use. We reserve the right to change the Terms of Use at any time, without prior notice, by posting new Terms of Use on the Website. Accordingly, please check the Website for updates to these Terms of Use each time that you visit the Website. 

2. This Website Does Not Provide Medical Advice.

This Website does not provide medical services, information or advice. The content of the Website, such as text, graphics, images, and other Material contained on the Website are for informational purposes only and are not intended in any way to substitute for in-person professional medical advice, diagnosis, or treatment. You should maintain a professional relationship with physicians and other medical practitioners and should regularly consult with them to seek their advice. You should never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard on the Website, or otherwise from us.

3. General Disclaimers.

A. The Website and Materials On It are Provided AS-IS.

We make this Website, and the materials available on or through this Website, available to you on an "AS-IS" and "AS AVAILABLE" basis. Neither we nor any of our third party vendors or content providers make any representations or warranties of any kind, express or implied, as to the operation of the Website, the availability of any services offered on or through the Website, or the information, content, materials or products included on this Website. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE FULLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You expressly agree that your use of this Website is at your sole risk. Without limiting the foregoing, by using or accessing this Website or any materials available on this Website, you acknowledge and agree that:

  • We do not accept any responsibility for the accuracy, reliability, currency or completeness of any information, content, services, or products available on or through the Website.
  • We do not accept any responsibility for the design, development, programming, manufacture, or operation of any of the products, services or features available on or through the Website.
  • We do not represent that the Website, or any products or services, will operate without interruption or error.
  • We do not represent that any of the third party providers whose products, features any services are available through our Website will perform as they may represent (if they make and representations or warranties at all), or will perform at all.

We do not warrant that Website will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, harmful or malicious code or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors.

B. Links to Other Websites.

The Website may contains links to other websites. Those websites are not under our control, and the existence of a link on this Website does not imply any endorsement of the linked websites by us or any affiliation between us and the owners of the linked websites. DR. DETECTIVE MAKES NO WARRANTIES OR REPRESENTATIONS, AND DISCLAIMS ALL LIABILITY, RELATING TO THE ACCURACY, CONTENT, PRIVACY POLICIES, PRODUCTS, SERVICES, LEGALITY, RELIABILITY, VIEWPOINT, ACCURACY, CURRENCY, DECENCY OR ANY OTHER ASPECT OF ANY LINKED WEBSITES. You agree that Dr. Detective has no responsibility to you with respect to such material. Visitors to other websites are responsible for examining the Privacy Policies and/or Terms of Use of those other websites.

C. Limitation on Damages.

In no event shall either DR. DETECTIVE or any of its Providers be liable for any damages of any kind, including but not limited to direct, indirect, incidental, SPECIAL, punitive OR consequential damages, arising from the use of or inability to use thE Website or any software, products, or services made available on or through thE Website, REGARDLESS OF WHETHER ANY SUCH CLAIM ARISES OUT OF CONTRACT, TORT, PRODUCTS LIABILITY, OR ANY OTHER CLAIM OR ACTION, EVEN IF DR. DETECTIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You hereby acknowledge that this paragraph shall apply to all content, available through this Website and all other websites affiliated with us. To the extent that the exclusion or limitation of liability for consequential or incidental damages is not permitted under the law of any State(s), in such State(s) liability is limited to the lesser of (i) actual damages; or (ii) actual fees received by us from you.

D. Exclusive Remedy.

If you are dissatisfied with any content, software, products, services or other materials made available on or through this Website, your sole and exclusive remedy is to discontinue your use of the Website and/or the content, software, products, services or other materials.

E. Users.

The Website is not intended for or designed to attract users under the age of 13. We do not collect personally identifiable data from any person who we know to be under the age of 13, and hereby instruct users under 13 not to send us any information to the Website. By continuing to use this Website, you acknowledge that you are 18 years of age or older and are able to legally form a contract, or that you are a parent and/or legal guardian acting on behalf of a child between the ages of 13 and 18, in which case you, the parents and/or legal guardians, represent and warrant that you are legally entitled to act for and on behalf of any such child, and also agree not to share the username, email and/or password used to access this site with any person(s) who are not authorized to act for or on behalf of any such child.

4. Additional Agreements Regarding Our Services.

If you elect to purchase our Services, those Services are subject to the Terms of Service.

5. Our Commitments to Your Privacy.

Our Privacy Policy describes the general information that we collect about you, the ways that we use that information, and the people with whom we may share that information.

6. You Are Responsible for Your Account Password.

Certain features, services and products available on or through this Website use a username, email address, and/or password. If you access a feature, service or product using a password, you are solely responsible for maintaining the confidentiality of that password. You agree to accept all responsibility for all activities (including purchases and disclosures of information) that occur under your account or password. If you provide someone else with access to your username, email address and/or password, they will have the ability to view your account and personal information, and will have the ability to make changes to your account and personal information, and will have the ability to incur charges on your behalf.

7. Acceptable Use Policy.

You agree to use the Website and the materials, products and services available on or through the Website only for lawful purposes. Unacceptable uses of the Website include, without limitation:

i. engaging in any illegal activity or the planning of any illegal activity;

ii. disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;

iii. creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person;

iv. creating false identity or otherwise attempting to mislead any person as to the identity or origin of any communications.

v. exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;

vi. interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network;

vii. disseminating or transmitting viruses, worms, Trojan horses, time bombs, spyware, cancelbots or any other malicious or invasive code or program; or

viii. engaging in any other activity deemed by us to be in conflict with the spirit or intent of this Website.

8. Intellectual Property Policy.

A. Copyright Information and Personal and Non-commercial Use Limitation.

All materials and the compilation of all content included on this Website are owned or licensed by Dr. Detective and protected by United States and international copyright laws. Copyright © 2014 Dr. Detective, All Rights Reserved. Dr. Detective does not claim ownership of copyrights owned by third parties.

You have been granted a license to view and use the Website materials subject to the Terms of Use. Unless otherwise specified, the materials on this Website are for your personal and non-commercial use. You may download and make one copy of Website materials for your own non-commercial home use, provided that you maintain all copyright, service mark and other proprietary notices. You may not sell or modify Website materials or reproduce, display publicly or otherwise use the materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Dr. Detective. You may contact us using our secure/compliant "Contact Us" form.

We welcome your comments or questions about our website, services and offerings. You may contact us by completing the "Contact Us" form; all communications will be encrypted.

You may not provide copyrighted or other proprietary information to Dr. Detective without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures.

B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act Notice.

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.

If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to Dr. Detective’s designated agent listed below. For your notice to be effective, it must include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Website;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a third party has wrongly filed a copyright infringement notice with us against you, and your access to the allegedly infringing material has been disabled, you have the right to provide Dr. Detective’s designated agent with a counter notification. That notification must include the following information:

(1) Your physical or electronic signature;

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

(4) Your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

Dr. Detective’s Designated Agent is:

6460 East Grant Road
#32440
Tucson, Arizona 85751

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquiries directed to the designated agent will not be answered.

C. Trademarks.

We own a family of trademarks, trade names and service marks. These and other of our graphics, logos and service marks are trademarks of ours, and may not be used without prior written consent of us or our affiliates, as the case may be. All other trademarks, product names and company names and logos appearing on this Website are the property of their respective owners.

D. Ideas and Inventions.

All comments, feedback, suggestions, ideas and other submissions ("Ideas") disclosed, submitted or offered to us in connection with your use of this Website shall be the exclusive property of us. You agree that, unless otherwise prohibited by law, we may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

9. Indemnification.

You agree to indemnify, release, defend, and hold harmless us, and our officers, directors, employees, agents and affiliates, for any losses, claims, damages, causes of actions, or costs and expenses (including reasonable attorneys’ fees) which (i) arise out of or are related to your violation or breach of the Terms of Use; or (ii) otherwise arise out of or are related to your use or misuse of the Website, any features, products or services or materials available on or through the Website.

10. Termination.

Your access to the Website or to any features may be terminated immediately without notice from us in our sole discretion, for cause or without cause, or for good reason or for no reason. Upon termination by us, you must cease use of the Website and destroy all materials obtained from this Website and all copies thereof, whether made under these Terms of Use or otherwise.

11. Applicable Law/Jurisdiction.

This Website is hosted by Dr. Detective in the State of Arizona. As such, by visiting the Website, even if accessed from a location outside of Arizona or the United States, you agree that the laws of the State of Arizona will govern these Terms of Use, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to its Website and these disclaimers, Terms of Use and privacy statement at any time. You hereby irrevocably and unconditionally consents to exclusive jurisdiction in federal or state courts located in the State of Arizona, agree that forum, jurisdiction and venue in such courts are proper, and waive any defenses of inconvenient forum or otherwise.

You are hereby advised that your continued use of our Website, and/or your registration for or continued use of any features of our Website, constitutes your acceptance of any amendments to and the most recent version of the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates, and any of the materials downloaded or printed from this Website must be immediately destroyed.  Your right to use this Website (or any materials available through or on this Website) is NOT transferable.

12. Waiver/Severability.

The failure of Dr. Detective to require or enforce strict performance by you of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Dr. Detective’s right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.

13. International Users.

This Website can be accessed from locations around the world. Dr. Detective makes no representations that this Website or the materials available through it are appropriate for use at other locations outside the United States. Access to this Website from locations where this Website or any of its materials are illegal is prohibited. If you access this Website from a location outside the United States, you are responsible for compliance with all local and/or international laws.

14. Security.

We reserve the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.

Date Last Modified: February 5, 2014.


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