WE ASKED ABOUT USER POLICY & LIMITED LICENSE AGREEMENT
Welcome to
the WeAskedAbout.com Web site (this "Site") provided
by WeErase, Inc. ("We Asked About,""we" or "us").
WeAskedAbout℠ is an advertising platform paid for by the sponsors. We do not endorse or evaluate the advertised product, service, procedure, company, nor any of the claims made by sponsor or advertisement content.
This
user agreement ("User Agreement") governs
your access to and use of this Site and the Site Materials and constitutes a
binding agreement between you and We Asked About. Please note that we reserve
the right, at our sole discretion, to change this User Agreement from time to
time. Your continued use of this Site or any Site Materials after any such
change takes effect will be deemed to constitute your acceptance of and
agreement to the new User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR
BROWSING THIS SITE OR ANY SITE MATERIALS. BY CLICKING ON "I AGREE,"
OR BY ACCESSING, USING OR BROWSING THIS SITE OR ANY SITE MATERIALS, YOU, ON
BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT:
(A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS USER
AGREEMENT; (B) YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER
AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN WE
ASKED ABOUT AND YOU OR YOUR ENTITY, AS APPLICABLE; AND (C) IF ACCESSING, USING
OR BROWSING THIS SITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND
YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT
(COLLECTIVELY “USER AGREEMENT ACCEPTANCE”). IF YOU OR YOUR ENTITY, AS
APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND
AGREEMENT, DO NOT SELECT THE 'I AGREE' BUTTON ASSOCIATED WITH THIS USER
AGREEMENT AND DO NOT ACCESS, USE OR BROWSE OUR SITE; WE ASKED ABOUT DOES NOT
AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THIS SITE
OR THE SITE MATERIALS.
1. No
Recommendations or Advice
We Asked About is not a referral service and does not recommend or
endorse any particular individual, practice, business or organization. We Asked About is only an intermediary that
provides selected information we have collected. We do not offer advice
regarding the quality or suitability of any particular individual, practice,
business or organization, and no information on this Site should be construed
as health or medical advice. The reviews published consists of statements of
opinion and not statements of fact or recommendations to utilize the services
of any specific individual, practice, company or organization. You should
obtain any additional information necessary to make an informed decision prior
to utilizing any specific individual, practice, company or organization.
You assume
all responsibility in connection with choosing any Individual, practice,
business or organization, whether or not you obtained information about such Individual,
practice, business or organization on or through this Site. We Asked About and
its licensors, suppliers and affiliates (collectively, the "Affiliates"), and the
directors, officers, agents, and representatives of each, assume no (and hereby
disclaim all) responsibility or liability of any kind, for any advice,
treatment or other services rendered by any Individual, practice, business or
organization, or for any malpractice claims and other claims that may arise
directly or indirectly from any such advice, treatment or other services.
2. License
Upon acceptance or your User Agreement
We Asked About grants you a
revocable, non-exclusive, non-transferable, limited license to access and view
this Site and the Site Materials, and to copy, download, store and/or print
only a single copy of any Site Materials, solely for your non-commercial,
personal use and not for resale, disclosure or distribution to anyone else.
With respect to any permitted copy of the Site Materials, you will reproduce
and include all copyright, confidentiality and other proprietary notices
included in such Site Materials on any such copy. All rights not expressly
granted to you herein are reserved by We Asked About; there are no implied
licenses under this Agreement. The license granted to you in this User
Agreement is expressly conditioned on your continued compliance with this User
Agreement. Please note that We Asked About, in its sole discretion, may change
this User Agreement from time to time and your continued access, use or
browsing of this Site or any Site Materials after any such change takes effect
will be deemed to constitute your acceptance of and agreement to the changed
User Agreement.
3.
Ownership
Confidentiality
As between
you and We Asked About, all right, title and interest in and to the Site and
the Site Materials, including without limitation the Ratings, and systems and
methodologies used to create or display the Ratings and Lists, together with
all intellectual property rights embodied therein, are the property of We Asked
About or We Asked About' Affiliates. The Site and Site Materials are protected
by law, including but not limited to U.S. and international copyright law,
trademark law, trade secret law, as well as other state, federal, and
international laws, regulations and treaties (collectively, "IP
Laws"). We Asked About does not claim any rights in unaltered government
data.
You agree not to engage in any activity that would constitute copyright
infringement with respect to the Site Materials, including without limitation
the Ratings, Lists and/or the systems and methodologies used to create or
display the Ratings and Lists. You acknowledge that We Asked About selected,
compiled, arranged and adjusted data and information regarding Individual,
practice, business or organizations and the Ratings are original compilations
(as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material
wholly and exclusively original to We Asked About. You may not reproduce,
create derivative works of, distribute, publicly perform or publicly display
the Site Materials or any portion thereof without We Asked About' prior written
consent. By way of illustration but not limitation, except as expressly
permitted in this User Agreement or otherwise permitted by us in writing, you
may not, directly or indirectly, transmit, download, upload, post, sell, rent,
license, transfer, disclose, mirror, frame, reverse engineer, decompile,
disassemble, or use any aspect of this Site or any Site Materials (including,
but not limited to, any Ratings or Lists), in whole or in part, in any form or
by any means. Also by way of illustration but not limitation, except as
expressly permitted in this User Agreement or otherwise permitted by us in
writing, you may not, directly or indirectly, use any of the Ratings or Lists
for any purposes other than your personal, non-commercial evaluation of Individual,
practice, business or organizations, to compile mailing lists or other lists of
Individual, practice, business or organizations for commercial purposes, to
establish independent data files or compendiums of statistical information or
in violation of any applicable laws or regulations. Additionally, you may not
use any metatags or any other "hidden text" utilizing the name "We
Asked About" without our prior written permission.
Further,
you agree not to engage in any activity that would constitute unfair
competition or trademark infringement in connection with the Site Materials,
including without limitation the Ratings.
You acknowledge that We Asked About℠, We Asked About® are service marks and trademarks of We Asked About.
You acknowledge that We Asked About actively and extensively uses and promotes
the We Asked About Marks and that there is substantial goodwill associated with
the We Asked About Marks. You agree not to cite (orally, in writing or
otherwise), reproduce or re-publish the Ratings, Lists and We Asked About Marks
in any manner likely to deceive or cause confusion in the marketplace. You
understand and agree that, due to the nature of We Asked About' products and
services, any unauthorized citation, reproduction or re-publication of the
Ratings or Lists and use of any of the We Asked About Marks is likely to be
deceptive and cause confusion in the marketplace, suggest non-existent
sponsorship or endorsement by We Asked About, misappropriate We Asked About
reputation, goodwill business opportunities and revenues, or otherwise
misappropriate the cachet of We Asked About' products and/or services; thus,
you agree not to cite (orally, in writing or otherwise), reproduce or
re-publish the Ratings, Lists and We Asked About Marks without the prior
written permission of We Asked About and you hereby waive any right to assert
any "nominative fair use" or "nominative use" defense in
any trademark or copyright infringement action brought against you in the event
that you do cite, reproduce or re-publish the Ratings, Lists or We Asked About
Marks without the prior written permission of We Asked About. You further
acknowledge that other names and logos contained in this Site or in the Site
Materials are trademarks and service marks of third parties and may not be used
without the permission of the trademark or service mark owner.
The Ratings and Lists constitute confidential and valuable proprietary
compilations owned by We Asked About. You will protect the confidentiality of
(and not disclose to any person) the Ratings or Lists for three (3) years from
the date you accessed such information, by using at least the same degree of
care as you use to protect your own confidential information, but no less than
a reasonable degree of care. Your disclosure of information contained in the
Ratings pursuant to a judicial or administrative order will not be deemed to be
a breach of this User Agreement, provided that you provide timely written
notice of such order to We Asked About and reasonably cooperate with We Asked
About efforts to contest or limit the scope of such order. Any breach of the
foregoing confidentiality obligation will cause We Asked About irreparable harm
for which there is no adequate legal remedy. In the event of any actual or
threatened breach of this Agreement, We Asked About will be entitled to obtain
injunctive and all other appropriate relief from a court of competent
authority, without being required to: (a) show any actual damage or irreparable
harm; (b) prove the inadequacy of its legal remedies; or (c) post any bond or
other security.
Please be
aware that we actively and aggressively enforce our intellectual property
rights to the fullest extent of the law. Please send an e-mail to submit@weaskedabout.com inquire
about the possibility of alternative arrangements regarding the Ratings and
Lists.
4. Term
and Termination
This User Agreement will take effect at the time you access, use or browse this Site or any Site Materials. We
reserve the right, at any time and for any reason, without notice to you: (a)
to deny you access to this Site, the Site Materials or any portion thereof; (b)
to change, remove or discontinue the Site or any portion thereof, or any of the
Site Materials or services available on or through this Site; or (c) to
terminate this User Agreement. Upon termination of this User Agreement, all
licenses granted to you under this User Agreement immediately and automatically
terminate and you may no longer access, browse or otherwise use this Site, the
Site Materials or any portion thereof.
5. Our
Privacy Policy
We
do NOT collect your data, period.
6. Links
to Other Sites
This Site may contain links to other sites on the World Wide Web for the
convenience of our users. These other sites have not been reviewed by us and
are maintained by third parties over which we exercise no control. Accordingly,
we expressly disclaim 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 Site, you should be
aware that our terms and policies may no longer govern, and, therefore, you
should review the applicable terms and policies of each linked site.
7. Third
Party Content and Privacy Information
Delivered to Third Parties
Some of
the Site Materials, including but not limited to, certain information, product reviews, news, data, research, analysis and opinions, are
provided by independent information providers ("IIPs"). We make
no representations with respect to, nor do we guarantee or endorse the
availability, accuracy, reliability, completeness, currency, quality,
performance, suitability, or correct sequencing of any information, materials
or other content provided by any of the IIPs. We do not endorse, oppose or edit
any opinion or analysis expressed by any of the IIPs. We assume no
responsibility or liability for any information, materials or other content
provided by any of the IIPs. Moreover, any private information you deliver to
third parties accessed through a link at the Site will be held subject to the
privacy policies of that third party, and not We Asked About.
The use of the Site by any entity or individual to verify the
credentials of any client is prohibited.
8.
Submissions
Rules and Permission to Use
Any and all materials (other than information given in connection with
registration, which shall be treated as set forth in other provisions of this
User Agreement), including without limitation patient surveys, physician
responses, suggestions, feedback, ideas, concepts, comments, illustrations and
other materials that you disclose or offer to us on or in connection with this
Site or any Site Materials ("Submissions") are submitted by you
without any restrictions or expectation of confidentiality. You hereby assign
to us without additional consideration or further obligation, all rights now
known or hereafter existing to use, allow others to use, or assign the right to
use, the Submissions. You further agree that your Submissions may be used
without restriction for any purpose whatsoever, commercial or otherwise,
without compensation to you, including the right to use, reproduce, modify,
adapt, publish, transmit, publicly perform or display, translate, create
derivative works from, or otherwise communicate to the public the Submissions
on this Site or elsewhere by us, our assigns or others we have allowed to use
your Submissions. You will not assert any proprietary right or moral right of
any kind with respect to any Submissions.
You represent and warrant to We Asked About that:
9.
Confidentiality on the Internet
Use of the Internet is solely at your own risk and is subject to all
applicable local, state, federal, and international laws and regulations. While
we have endeavored to create a secure and reliable site, please be advised that
the confidentiality of any communication or material transmitted to us over the
Internet cannot be guaranteed. Consequently, neither we nor our Affiliates are
responsible for the security of any information transmitted via the Internet,
the accuracy of the information contained on this Site, or for the consequences
of any reliance on such information. You must make your own determination as to
these matters.
10.
Electronic Communications with We Asked About
Should you elect to send or receive e-mail communications of any kind to
or from We Asked About, you represent and warrant to We Asked About that your
e-mail service has appropriate and adequate security systems necessary to
prevent unauthorized access to outbound or inbound e-mail transmissions. You
further agree that the content (including any Site Materials) in any e-mail or
other electronic communication you receive from We Asked About is subject to
the provisions of this User Agreement.
11. Site
Monitoring
We reserve the right to view, monitor and record activity on this Site without
notice to or permission from you. We may disclose any records, electronic
communications, information, materials or other content of any kind: (a) if we
believe in good faith that applicable law, regulation or legal process requires
it; (b) if such disclosure is necessary or appropriate to operate this Site; or
(c) to protect our rights or property or the rights or property of our users
and business partners. However, we are not responsible for screening, policing,
editing or monitoring this Site. We are committed to complying with all
applicable U.S. and foreign laws and regulations, including without limitation
copyright and related laws, and expect all Users of this Site to comply with
all applicable laws and regulations as well. Using this Site to transmit any
Proscribed Materials is expressly prohibited under the User Agreement.
If it
comes to our attention, we discover or we are notified of an allegation that
this Site or a Submission contains any Proscribed Materials, then we may, but
have no obligation to, investigate the allegation and determine in our sole
discretion whether to remove or request the removal of the same from this Site.
Notices to us regarding any alleged violation of this User Agreement or
copyright infringement on this Site should be directed to We Asked About at the
following e-mail address: submit@weaskedabout.com
12. Events
Beyond Our Control
You absolve and release us and our Affiliates from any claim of harm
resulting from any cause(s) over which we or they do not have direct control,
including, but not limited to, failure of electronic or mechanical equipment or
communication lines, telephone or other interconnect problems, computer viruses
or other damaging code or data, unauthorized access, theft, operator errors,
severe weather, earthquakes, natural disasters, strikes or other labor
problems, wars, or governmental restrictions, and disclosure of your private
health information that you have provided to third parties through links on our
Site.
13.
Disclaimers
THIS SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES
ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION
AVAILABLE, THE SITE MATERIALS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR
TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF
THIS SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON
OR THROUGH THIS SITE; AND (B) ANY IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS
SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE INDIVIDUAL,
PRACTICE, BUSINESS OR ORGANIZATION OR FOR ANY OTHER PURPOSE. WE DO NOT
REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE
CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE
MATERIALS IS ENTIRELY AT YOUR OWN RISK.
FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY
WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH INDIVIDUAL, PRACTICE,
BUSINESS OR ORGANIZATIONS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES
ON OR THROUGH THIS SITE, AND YOU WILL LOOK SOLELY TO SUCH INDIVIDUAL, PRACTICE,
BUSINESS OR ORGANIZATIONS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS
ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
14.
Limitations of Liability
NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING
FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY
PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM
WITH THIS SITE, ANY SITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR
THROUGH THIS SITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES,
AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR
ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND
DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF
USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION
OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH
THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, this limitation may not
apply to you.
15.
Indemnity
You will defend, indemnify, and hold harmless We Asked About and our
Affiliates, and our and their respective directors, officers, shareholders,
proprietors, partners, employees, agents, representatives, servants, attorneys,
predecessors, successors and assigns, from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs and expenses
(including reasonable attorneys' fees and litigation expenses), relating to or
arising from (a) your use of this Site, any Site Materials, or any products or
services obtained on or through this Site, (b) any arrangements you make based
on information obtained on or through this Site or (c) any breach by you of
this User Agreement.
16.
Governing Law and Selection of Venue
Regardless
of the jurisdiction in which you work or reside, this User Agreement is made in
the State of Nevada, and will be construed and enforced in accordance with
Nevada law (without regard to its provisions governing conflicts of law), as
applied to agreements entered into and completely performed in Nevada, and
ANY ACTION ARISING OUT OF THE CONTENT OF THIS SITE, YOUR USE OF THE SITE
MATERIALS OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY
SITE MATERIALS OR USE OF ANY WE ASKED ABOUT MARKS, OR ANY ACTION TO ENFORCE
THIS USER AGREEMENT WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS
PRESIDING IN LAS VEGAS, NEVADA, U.S.A., AND YOU EXPRESSLY AGREE TO BE SUBJECT
TO THE JURISDICTION OF SUCH COURTS. USE OF THIS SITE IS LIMITED SOLELY TO
PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS SITE IN
THE FEDERAL AND STATE COURTS OF NEVADA, AND SUCH AN AGREEMENT IS AN EXPRESS
CONDITION TO USE OF THIS SITE.
This Site is controlled and operated by WeErase, Inc from its offices
within the United States. We make no representation that this Site or the Site
Materials are appropriate or available for use outside of the United States,
and access to this Site or the Site Materials from territories where their
contents are illegal is prohibited. Those who choose to access this Site or the
Site Materials from locations outside of the United States do so of their own
volition and are responsible for compliance with applicable local laws.