DR.Oogle Terms of Service
Last Updated: Nov 23, 2017
Welcome to DR.Oogle! Please read these Terms of Service (the “Terms”)
carefully, because they are a contract between you and DR.Oogle
(“DR.Oogle”, “our”, or “we”) governing the use of DR.Oogle website and DR.Oogle website,
located at https://www.doctor-oogle.com (the“Site”) through which users can
post and read reviews, rankings, ratings and recommendations
of dentists, post pictures of themselves, their doctors or dentists (each doctor or
dentist is a “Provider”, or collectively, “Providers”), and
Provider’s patients, and post and read other comments about patient experiences
with Providers. To make these Terms easier to read, our Site and the
associated services we provide are collectively called the “Services.” By
using our Services, you agree to be bound by
these Terms. If you don’t agree to these Terms, do not use the Services.
Privacy Policy
Please refer to our Privacy Policy, at
https://www.doctor-oogle.com/privacy_policy/,
for information on how we collect, use and disclose information from our
users.
Your Account
Eligibility
You may use the Services only if you are 13 years or older and are not
barred from using the Services under applicable law. Children under the age
of 13 are strictly prohibited from using the Services. If you are under 18,
you must obtain permission from a parent or legal guardian before using our
Services. By using the Services, you represent and warrant to DR.Oogle
that you have all requisite power and authority to enter into and comply
with these Terms.
Registration
If you want to use certain elements of the Services, you’ll have to create
an account (“Account”). You can do this by linking your valid account (each
such account, a “SNS Account”) on a social networking service (“SNS”)
through which you have connected to the Services, as is permitted under the
applicable terms and conditions that govern your use of each SNS Account.
You represent that you are entitled to disclose your SNS Account login
information to DR.Oogle and/or grant DR.Oogle access to your SNS
Account for use for the purposes described herein.
It’s important that you provide us with accurate, complete and up-to-date
information for your Account, and you agree to update such information to
keep it accurate, complete and up-to-date. If you don’t, we might have to
suspend or terminate your Account. You agree that you’ll notify us
immediately of any unauthorized use of your Account including whether any
of your login data is lost, stolen, or used without permission. You’re
responsible for all activities that occur under your Account, whether or
not you know about them.
By linking your SNS Account to your DR.Oogle Account, you agree that
DR.Oogle may access, make available and store (if applicable) some of
the content that you have provided to and stored in your SNS Account so
that it is available on and through the Services via your DR.Oogle
Account. For example, DR.Oogle may enable you to find and invite friends
on the SNS or to post or share your DR.Oogle Account profile on the SNS.
Unless otherwise specified in these Terms, all such content, if any, will
be considered to be your User Content for all purposes of these Terms.
Depending on the SNS Accounts you choose and subject to applicable SNS
privacy settings, personally identifiable information that you post to your
SNS Accounts and information about your SNS friends may be available on and
through your DR.Oogle Account. Please note that if an SNS Account or
associated SNS becomes unavailable or DR.Oogle's access to such SNS
Account is terminated by the third party service provider, then the content
from your SNS Account will no longer be available on and through the
Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
SNS, AND SMILINGDOCS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE
INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SNS IN VIOLATION OF THE
PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT.
IF YOU ARE A DENTIST YOU EXPRESSLY AGREE THAT DR.Oogle MAY
FROM TIME TO TIME COMMUNICATE WITH YOU BY EMAIL OR TELEFACSIMILE,
UNLESS YOU AFFIRMATIVELY OPT OUT OF RECEIVING SUCH COMMUNICATIONS
BY SO INFORMING DR.Oogle VIA EMAIL, U.S. MAIL OR TELEFACSIMILE.
If you have a free practice listing on DR.Oogle, or if your
paid listing on DR.Oogle has expired, DR.Oogle may remove some or all of the reviews for your practice,
as it is under no obligation to promote
your practice.
Content and Content Rights
For purposes of these Terms: (i) “Content” means reviews, recommendations, photographs, text,
graphics, images, music, software, audio, video, works of authorship of any
kind, and information or other materials that are posted, generated,
provided or otherwise made available through the Services; and (ii) “User
Content” means any Content that Account holders (including you) provide to
to us, whether in your Account profile or to be made available through the
Services. Content includes without limitation User Content provided by
other Account holders.
Provider-Specific Obligation
If you are a Provider or acting for a Provider, it is your responsibility
to ensure that you have complied with all laws or regulations applicable to
you, including without limitation HIPAA, and ensuring that
you have appropriate consents from any patients pictured or mentioned in
your User Content.
User Content
You are entirely responsible for all User Content placed on the Services
through your Account. DR.Oogle has the right to use, reproduce, display,
modify, transmit, distribute, perform, display and delete the User Content
(in whole or in part) worldwide and/or to incorporate such User Content in
other works in any form, media or technology now known or later developed.
You expressly acknowledge and agree that any User Content is a public, not
a private, communication, and DR.Oogle has no confidentiality
obligations with respect to any User Content. You irrevocably waive as
against DR.Oogle and its users any claims and assertions of moral rights
or attribution with respect to User Content you have contributed, where
"use" means use, copy, publicly perform and display, reproduce, distribute,
modify, translate, remove, analyze, commercialize, and prepare derivative
works of.
Services Content Generally
You acknowledge and agree that all Content posted on, transmitted through,
or linked from the Services, is the sole responsibility of the person from
whom such Content originated. DR.Oogle shall have no liability either
for any person’s failure to receive any Content or for the removal of any
Content. Any opinions, advice, statements, services, offers or other
information or content expressed or made available by third parties, are
those of the respective author(s) or distributor(s) and not of DR.Oogle.
DR.Oogle neither endorses nor is responsible for the completeness,
accuracy or reliability of any opinion, advice, information, or statement
made on or in connection with the Services by anyone other than authorized
DR.Oogle employees acting in their official capacities.
You agree that you must evaluate, and bear all risks associated with, the
use of or reliance on any Content, and that under no circumstances will
DR.Oogle be liable in any way for any Content or for any loss or damage
of any kind incurred as a result of the use of or reliance on any Content
made available via the Services. You acknowledge that DR.Oogle does not,
either actively, or by any failure to act, pre-screen or approve Content,
but that DR.Oogle shall have the right (but not the obligation) in its
sole discretion to refuse, delete (in whole or in part) or move any Content
deemed harmful or offensive, or which violates the letter or spirit of
these Terms, or for any other reason. Further, DR.Oogle does not control
user interactions, communications, exchanges, meetings or other user
conduct, and is not responsible for user conduct.
User Content
The Service is a privately owned interactive platform that
allows you and other users of the Service (among other activities)
to post and read reviews, rankings, ratings and recommendations
of dentists. You are entirely responsible for all information,
advice, files, links, communications or other materials posted
by you to or through the Service.
You agree not to post or transmit any User Content
that infringe a third party's rights, including without limitation
any privacy, publicity or intellectual property rights, or that
are unlawful, untrue, harassing, libelous, defamatory, abusive,
potentially tortious, threatening, harmful (including but not
limited to viruses, worms or similar software) or that is otherwise
objectionable.
If you are a dentist you expressly agree that DR.Oogle may at its discretion modify your ranking if your
practice was found in violation of DR.Oogle review posting guidelines.
Furthermore, DR.Oogle has no obligation to display your reviews and may limit access to your ranking and
reviews and the manner in which they are displayed in any manner we may deem appropriate.
If you are a patient posting a review of a dentist,
you warrant that: (a) you are not dentist's family or friend;
(b) you have not received payment, credit or other compensation
or inducement in exchange or in connection with posting that
review; (c) you do not have a direct or indirect financial relationship
with that dentist beyond receiving dental service from that
dentist; and (d) you have in fact received services from that
dentist.
If you are a dentist posting a peer recommendation,
you warrant that (a) you have not received payment or other
compensation of any kind in exchange or in connection with posting
that recommendation; and (b) you do not have a direct or indirect
financial relationship with that dentist.
Title To Content
The Content made available directly through the Services by DR.Oogle or
third parties is the property of DR.Oogle, its licensors and its
advertisers. Title, ownership rights and intellectual property rights in
and to such Content are the property of either DR.Oogle or third-party
content owners and copyright holders and is protected by applicable
copyright and other law. Other than as expressly provided herein, this
Agreement gives you no express or implied license to the Content, including
without limitation, any right to use, sell, rent, copy, distribute,
broadcast, modify, perform or publicly display any Content.
Conduct
You agree not to do any of the following:
· Post, upload, publish, submit or transmit any Content that: (i)
infringes, misappropriates or violates a third party’s patent, copyright,
trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy; (ii) violates, or encourages any
conduct that would violate, any applicable law or regulation or would give
rise to civil liability; (iii) is fraudulent, false, misleading or
deceptive; (iv) is defamatory, obscene or pornographic; (v) promotes or
constitutes discrimination, bigotry, racism, hatred, harassment or harm
against any individual or group; (vi) is violent or threatening or promotes
violence or actions that are threatening to any person or entity; (vii)
promotes illegal or harmful activities or substances; (viii) contains
personal or contact information about any other person without their prior
authorization; or (ix) violates any content policies DR.Oogle has posted
for the Services.
· Without DR.Oogle’s express written consent, use, display, mirror or
frame the Services, or any individual element within the Services,
DR.Oogle’s name, any DR.Oogle trademark, logo or other proprietary
information or the trademark, logo or other proprietary information of any
other party displayed within the Service, or the layout and design of any
page or form contained on a page,;
· Access, tamper with, or use non-public areas of the Services,
DR.Oogle’s computer systems, or the technical delivery systems of
DR.Oogle’s providers;
· Attempt to probe, scan, or test the vulnerability of any DR.Oogle
system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by DR.Oogle or any of
DR.Oogle’s providers or any other third party (including another user)
to protect the Services or Content;
· Attempt to access or search the Services or Content or download Content
from the Services through the use of any engine, software, tool, agent,
device or mechanism (including spiders, robots, crawlers, data mining tools
or the like) other than the software and/or search agents provided by
DR.Oogle or other generally available third party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials,
email, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a
DR.Oogle trademark, logo, URL or product name without DR.Oogle’s
express written consent;
· Use the Services or Content for any commercial purpose, or for the
benefit of any third party, or in any manner not permitted by these Terms;
· Forge any TCP/IP packet header or any part of the header information in
any email or newsgroup posting, or in any way use the Services or Content
to send altered, deceptive or false source-identifying information;
· Attempt to decipher, decompile, disassemble or reverse engineer any of
the software used to provide the Services or Content;
· Interfere with, or attempt to interfere with, the access of any user,
host or network, including, without limitation, sending a virus,
overloading, flooding, spamming, or mail-bombing the Services;
· Collect or store any personally identifiable information from the
Services or App from other users of the Services without their express
permission;
· Impersonate or misrepresent your affiliation with any person or entity,
or utilize the Services on behalf of any other person or entity without
prior authorization from both that person or entity and DR.Oogle;
· Violate any applicable law or regulation; or
· Encourage or enable any other individual to do any of the foregoing.
· Dentists and anyone acting on behalf
of a dentist are specifically prohibited from: (a) posting negative
reviews about other dentists, (b) using DR.Oogle's patient-only systems,
including its patient-only online appointment request system,
for any purpose whatsoever, or (c)
creating a new listing for any dentist whose listing has been
removed or suspended by DR.Oogle.
Linked Entities
The Services contain links, through advertising and otherwise, to various
third party web sites and other resources ("Linked Entities"). These Linked
Entities are not under the control of DR.Oogle and DR.Oogle is not
responsible or liable for the content, communications or materials of any
Linked Entities. DR.Oogle is providing these links to you as a
convenience only. The inclusion of any link does not imply endorsement by
DR.Oogle of the Linked Entity or any association with its operators. You
are responsible for adhering to the applicable terms of service for any
Linked Entity. You are solely responsible and liable for any interactions
you may have with such entities, their sponsors and other third parties.
Modifications To The Service
You acknowledge and agree that DR.Oogle may modify, suspend, or
discontinue the Services or any elements of the Services at any time
without notice and shall not be liable to you or to any third party for any
modification, suspension or discontinuation of the Services.
Term and Termination
These Terms will remain in effect until terminated.
You may terminate your Account either through functionality we may provide
in an Account management interface in the Services, or by emailing us
with the subject line ”Account Termination”, and providing the following
information: your name, email address, username (if different from your
email address), and a statement that informs us of your desire to have your
Account removed from the Services, along with a statement that certifies
that you are the owner of the Account which you wish to have removed from
our database.
You acknowledge and agree that DR.Oogle shall have the right, in its
sole discretion, to terminate your use of the Services if you fail to
comply with the letter or the spirit of these Terms. No notice shall be
required from DR.Oogle to make such termination effective. In addition,
DR.Oogle reserves the right to discontinue your access to the Services
at any time for any reason, and with or without notice.
Upon termination of these Terms, your right to access or use the Content or
Services will automatically terminate, and you will promptly destroy all
copies of the Content in your possession or control. In the event of
termination, your Account will be disabled and you may not be granted
access to your Account or any files or other content contained in your
Account. All provisions of these Terms which by their nature should
reasonably survive termination hereof shall survive.
Copyright Infringement
/ DMCA Compliance
At DR.Oogle's discretion and in appropriate circumstances (which
circumstances may include, by way of example, users who repeatedly infringe
others' copyrights), DR.Oogle may revoke the license and terminate the
accounts of users who infringe upon the copyright, or other intellectual
property rights, of others. If you believe that the Services are being used
to infringe copies of your work, please let us know, and if you believe
that one of our users is a repeat infringer of your work, please let us
know that in addition to the information required below. Pursuant to 17
United States Code 512(c)(2), our designated agent for notice of alleged
copyright infringement on the Services is:
DR.Oogle
PO BOX 1107
Palo Alto, CA 94302
Attention: Copyright Agent
A notification of claimed infringement related to the Services must be a
written communication addressed to the designated agent as set forth above,
and must include substantially all of the following:
· A physical or electronic signature of the owner (or person authorized to
act on behalf of the owner) of an exclusive right that is allegedly
infringed;
· Specific identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works are covered by a single
notification, a list of each copyrighted work claimed to have been
infringed;
· Information related to the work(s) reasonably sufficient for DR.Oogle
to promptly locate the work (e.g. title of work, location within the
Service, etc.);
· Information reasonably sufficient to permit DR.Oogle to directly
contact the complaining party, such as a complete name and address,
telephone number, and an email address;
· A statement that the complaining party has a good faith belief that use
of the work(s) in the manner complained of is not authorized by the
copyright owner, its agent, or the law;
· A statement requesting that DR.Oogle take a specific act with respect
to the alleged infringement (e.g., removal, access restricted or disabled);
and
· 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.
Third Party Disputes
If there is a dispute between users of the Service, or between users of the
Services and any third party, you understand and agree that DR.Oogle is
under no obligation to become involved. In the event that you have a
dispute with one or more users of the Service, you hereby release
DR.Oogle, its officers, employees, agents and successors from any
claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and/or
the Services. If you are a California resident, you waive California Civil
Code Section 1542: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially affected
his settlement with the debtor."
Disclaimer Of Warranty
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
SERVICES OR THEIR OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, SMILINGDOCS DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. USE OF THE SERVICES IS AT YOUR OWN RISK.
SMILINGDOCS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DOES SMILINGDOCS MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY
OF ANY CONTENT OBTAINED THROUGH THE SERVICES. SMILINGDOCS MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
Limitation Of Liability
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICES
REMAINS WITH YOU. IN NO EVENT SHALL SMILINGDOCS, ITS LICENSORS OR CONTENT
PROVIDERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS
OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO
USE THE SERVICE OR ANY PART THEREOF, EVEN IF SMILINGDOCS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT
THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL SMILINGDOCS’S TOTAL LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SMILINGDOCS FOR USE
OF THE SERVICES OR CONTENT, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT
HAD ANY PAYMENT OBLIGATIONS TO SMILING DOCS, AS APPLICABLE. THE LIMITATIONS
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN SMILINGDOCS AND YOU.
Indemnity
You agree to indemnify and hold DR.Oogle and its parents, shareholders,
members, subsidiaries, affiliates, service providers, distributors, content
providers, officers, directors and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due
to, or arising out of or related to: (i) your violation of these Terms;
(ii) your violation of any law, regulation or third-party right; or (iii)
if a third party has a business or personal relationship with you, any
alleged or actual damage to such third party's interests or rights
resulting directly or indirectly from any alleged or actual damage to your
professional or personal reputation, your business or any other interest of
yours, by any Content or any action or inaction of DR.Oogle.
Modification Of Terms
DR.Oogle may modify these Terms at any time in our sole discretion. If
any modification is unacceptable to you, you agree that your only recourse
is to immediately terminate your use of the Services. Your continued use of
the Services following our posting of a change of terms notice or new Terms
on the Services, or an email to you providing notice of such change, will
constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THESE
TERMS INDICATES THAT YOU GIVE CONSENT TO SMILINGDOCS TO E-MAIL YOU WITH
NOTICES CONCERNING MATERIAL CHANGES IN THESE TERMS OR THE SERVICES.
Arbitration, Jurisdiction & Governing Law
You and DR.Oogle agree that the exclusive remedy for all disputes and
claims relating in any way to, or arising out of, these Terms, the
Services, or your use of the Services (including, to the extent permitted
by applicable law, the arbitrability of any claim or dispute and the
enforceability of this paragraph), or to any other alleged act or omission
by you or DR.Oogle toward the other, shall be determined exclusively by
final and SITE_NAME arbitration. The arbitration shall be conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") before a panel of three arbitrators and conducted in San Jose,
California. You and DR.Oogle also agree that the AAA Optional Rules for
Emergency Measures of Protection shall apply to the proceedings.
You and DR.Oogle may litigate in court only to compel arbitration under
these Terms or to confirm, modify, vacate or enter judgment on the award
rendered by the arbitrators. To the extent that you have breached or have
indicated your intention to breach these Terms in any manner which violates
or may violate DR.Oogle's or any of its licensor's intellectual property
rights, or may cause continuing or irreparable harm to DR.Oogle
(including, but not limited to, any breach that may impact DR.Oogle's
intellectual property rights), DR.Oogle may seek injunctive relief, or
any other appropriate relief, in any court of competent jurisdiction.
You and DR.Oogle must commence an arbitration by filing a demand for
arbitration with the AAA within ONE (1) YEAR after the date the party
asserting the claim first knows or reasonably should know of the act,
omission or default giving rise to the claim; and there shall be no right
to any remedy for any claim not asserted within that time period. (If
applicable law prohibits a one-year limitations period for asserting
claims, the claim must be asserted within the shortest time period in
excess of one year that is permitted by applicable law.)
To the fullest extent permitted by applicable law: no arbitration under
these Terms shall be joined to an arbitration involving any other current
or former user of the DR.Oogle Services, whether through class
arbitration proceedings or otherwise; no finding or stipulation of fact in
any other arbitration, judicial or similar proceeding may be given
preclusive or collateral estoppel effect in any arbitration hereunder
(unless determined in another proceeding between you and DR.Oogle); and
no conclusion of law in any other arbitration may be given any weight in
any arbitration hereunder (unless determined in another proceeding between
you and DR.Oogle).
In any proceeding of any kind arising out of or otherwise related to the
Services, the prevailing party will have the right to recover its costs and
reasonable fees of attorneys, accountants and other professionals. Without
limiting the generality of the foregoing, if you, contrary to these Terms,
attempt to bring suit or assert any other form of claim against DR.Oogle
in any forum other than an arbitration in San Jose, California, you
acknowledge that DR.Oogle may, in its discretion, challenge such forum’s
jurisdiction over DR.Oogle, and that the prevailing party in such a
jurisdictional proceeding will have the right to recover its costs and
reasonable fees of attorneys, accountants and other professionals.
THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA AND
THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS,
AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND
FEDERAL COURTS SITTING IN SANTA CLARA COUNTY, CALIFORNIA. These Terms will
not be governed by the United Nations Convention of Contracts for the
International Sale of Goods, and the application of thereof is hereby
expressly excluded.
General
“DR.Oogle” is a trademark of DR.Oogle Inc. All other names or designs
within the Services may be trademarks of their respective owners.
These Terms constitute the entire and exclusive understanding and agreement
between DR.Oogle and you regarding the Services and Content, and these
Terms supersede and replace any and all prior oral or written
understandings or agreements between DR.Oogle and you regarding the
Services and Content. If for any reason a court of competent jurisdiction
finds any provision of these Terms invalid or unenforceable, that provision
will be enforced to the maximum extent permissible and the other provisions
of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or
otherwise, without DR.Oogle’s prior written consent. Any attempt by you
to assign or transfer these Terms, without such consent, will be null and
of no effect. DR.Oogle may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure to
the benefit of the parties, their successors and permitted assigns.
You and DR.Oogle are independent contractors, and neither party will
have the power to bind the other or incur obligations on the other's behalf
without the other's prior written consent.
DR.Oogle shall have no liability for any failure or delay in the
performance of its obligations caused by events beyond its reasonable
control.
Any notices or other communications provided by DR.Oogle under these
Terms, including those regarding modifications to these Terms, will be
given by DR.Oogle: (i) via email; (ii) by a message to you through the
Service, or (iii) by such other means as we deem reasonably likely to reach
you. The date of receipt will be deemed the date on which such notice is
transmitted.
DR.Oogle’s failure to enforce any right or provision of these Terms will
not be considered a waiver of those rights. The waiver of any such right or
provision will be effective only if in writing and signed by a duly
authorized representative of DR.Oogle. Except as expressly set forth in
these Terms, the exercise by either party of any of its remedies under
these Terms will be without prejudice to its other remedies under these
Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services please contact
DR.Oogle at:
DR.Oogle Inc
PO BOX 1107
Palo Alto, CA 94302
Email Contact
Copyright 2017, DR.Oogle Inc