DR Surgery Channel Community Member Terms of Service

Please carefully review these Terms of Service (“Terms”). These Terms form a binding agreement between you (“you” or “your”) and DR Surgery Channel (“DR Surgery Channel,” “we,” or “our”). In these Terms, “you” or “your” may refer to DR Surgery Channel, members of our community, healthcare providers using the Site as consumers, or any individual accessing the Site (as defined below). These Terms govern your use of the website, www.DRSurgeryChannel.com, as well as the services, information, and products available on or through the website (collectively referred to as the “Site”). This includes access to the Site via your computer, mobile device, tablet, or any DR Surgery Channel app.

By accessing or using the Site, or by clicking to accept when signing up for a service, making a purchase, or registering for an account with us, you accept and agree to be bound by these Terms, the DR Surgery Channel Privacy Policy, Code of Conduct, and any other policies in place at the time of your access or use. If you do not agree to abide by these Terms or any of DR Surgery Channel’s policies, then please do not sign up for a service, make a purchase, register for an account, or access/use the Site.

1. No Medical Advice:

The content on the Site, including text, graphics, images, or other materials (“Content”), is provided for educational and informational purposes only. It is not a substitute for medical advice, diagnosis, or treatment from a qualified healthcare provider. Any communication between you and healthcare providers on the Site, such as responses to questions or posts, is for general informational purposes and does not establish a physician-patient relationship as defined by federal and state law. Your reliance on any information or Content on the Site, whether provided by a healthcare provider or not, is solely at your own risk. Always consult your healthcare provider for questions regarding your medical condition.

2. How and When You May Use the Site:

You may use the Site to post reviews based on your personal experience, engage in discussions with other community members about personal care, beauty, and wellness, and post questions on the Site. Your use of the Site is limited to personal, non-commercial purposes, and you may not use it to advertise or promote products, services, procedures, businesses, healthcare providers, or other individuals.

You may not use the Site if you are under 18 years old, or in any way that violates local, state, federal, or other applicable laws. Prohibited uses also include actions that harm or endanger DR Surgery Channel or its affiliates, minors, or actions that exploit, solicit, or harm minors. Posting or submitting content that is offensive, defamatory, or otherwise objectionable is not allowed. You may not impersonate others, attempt to solicit business, or interfere with the Site’s operation. Using data mining or similar methods on the Site, posting harmful links, or attempting to disrupt the Site is prohibited. Further specific prohibited uses may be outlined in our Code of Conduct or other notices. DR Surgery Channel may update these policies from time to time, and you agree to comply with them.

3. Your Service Account; Email Consent:

To use certain features on the Site, you must register and create a service account (“Service Account”). It is your responsibility to maintain the confidentiality of your Service Account information, including your password. You are also responsible for all activities associated with your Service Account. Inform us immediately of any unauthorized use of your Service Account or security breaches related to the Site.

By using the Site, you consent to receive emails from DR Surgery Channel, including commercial emails that align with your selected email preferences in the “My Profile” section of the Site. You may adjust your preferences or unsubscribe from commercial emails via the provided options. Note that you cannot opt out of service or account-related emails, as electronic communication fulfills legal requirements.

4. Materials You Post or Provide; Communications Monitoring:

You may post or submit reviews, comments, questions, direct messages, photographs, videos, or other materials (“Submissions”) on the Site. Your Submissions, including personally identifiable information, are voluntarily provided and subject to the DR Surgery Channel Code of Conduct and Privacy Policy. You understand that DR Surgery Channel is not required to treat your Submissions as confidential, and they may be publicly visible on the Site.

DR Surgery Channel does not claim ownership of your Submissions. However, by posting or providing Submissions, you grant DR Surgery Channel a nonexclusive, irrevocable, worldwide, perpetual, royalty-free license to use, copy, distribute, publicly display, modify, or transmit your Submissions in connection with the Site and DR Surgery Channel’s business. You also grant permission for DR Surgery Channel to use your name, likeness, and voice in connection with your Submissions. Additionally, you authorize DR Surgery Channel to send takedown notices related to your Submissions under the Digital Millennium Copyright Act.

DR Surgery Channel may monitor Submissions and disclose information if necessary to comply with legal requirements, enforce Terms, or protect its rights, employees, users, or the public.

You may request information from healthcare providers through the Site, subject to the DR Surgery Channel Privacy Policy. DR Surgery Channel may contact you regarding your request via phone, email, or text message, with standard message and data charges applying to text messages.

5. Reviews or Content Posted by Others:

DR Surgery Channel is not responsible for content posted by community members, healthcare providers, or third-party content providers on the Site. Statements or content posted by these parties are their own and do not reflect DR Surgery Channel’s opinions. DR Surgery Channel does not guarantee the accuracy or reliability of this content. Community members, healthcare providers, and third-party content providers are solely responsible for their posted content.

DR Surgery Channel neither endorses nor recommends specific content, procedures, products, opinions, healthcare providers, or other information on the Site. Healthcare providers featured on the Site are not affiliated with DR Surgery Channel, and DR Surgery Channel does not warrant their qualifications or procedure costs.

Some medical or health-related materials on the Site may contain nudity. Users who find such materials offensive can limit their exposure accordingly.

6. Copyright Policy:

If you believe your Submission or other work has been used in a way that constitutes copyright infringement or violates intellectual property rights, please notify DR Surgery Channel at Info@DRSurgeryChannel.com. Include the required information, as outlined in this section, to allow DR Surgery Channel to address your concern. DR Surgery Channel will take appropriate action upon receipt of a valid notice.

8. Photograph/Video Policy:

Healthcare providers must obtain consent and comply with all applicable laws and guidelines before uploading, submitting, or posting photographs or videos of individuals on the Site. If you want your photograph or video removed from the Site, please contact DR Surgery Channel at contactus@DRSurgeryChannel.com, providing specific details and confirming your identity.

9. Links to Other Websites; Third-Party Promotions:

The Site may include links to Third Party Websites or allow you to log in through them. DR Surgery Channel does not endorse or control Third Party Websites and is not responsible for their content, information, or functionality. Your use of Third Party Websites is at your own risk, and these Terms do not apply to them. DR Surgery Channel assumes no liability for your interactions with third parties found on the Site.

10. DR Surgery Channel Intellectual Property Rights:

DR Surgery Channel grants you a limited, personal, revocable, non-assignable, and non-exclusive license to use the Site. All elements and components of the Site, except your Submissions, are owned by DR Surgery Channel and protected by intellectual property and proprietary rights. You may not modify, reproduce, republish, distribute, reverse engineer, or create derivative works based on DR Surgery Channel Content or the Site without written permission from DR Surgery Channel.

These Terms do not grant any express or implied rights to the Site or DR Surgery Channel Content, which remain the exclusive property of DR Surgery Channel.

 

Disclaimer of Warranties:

• DR Surgery Channel provides the Site, DR Surgery Channel Content, and all information, materials, products, and other content available on and through the Site on an “as is” and “as available” basis “with all faults.” DR Surgery Channel disclaims all warranties of any kind, whether express or implied, including but not limited to those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. DR Surgery Channel does not represent or warrant that the Site or any electronic communication from DR Surgery Channel will be uninterrupted, error-free, or free of viruses or other harmful components or defects.

Additionally, DR Surgery Channel expressly disclaims any and all responsibility and liability with respect to separate agreements you may make with healthcare providers or other third parties, and you will look solely to such persons and/or entities with respect to any and all claims arising out of such agreements. Furthermore, DR Surgery Channel does not represent or warrant that the Site or the content available on the Site will assist you in finding a suitable healthcare provider or for any other purpose. You understand and agree that your use of the Site is entirely at your own risk. While DR Surgery Channel takes reasonable physical, technical, and administrative measures to secure the DR Surgery Channel Site, DR Surgery Channel does not guarantee that the DR Surgery Channel Site cannot be compromised.

Limitation of Liability; Your Exclusive Remedy:

• To the extent permitted by law, in no event will DR Surgery Channel or the DR Surgery Channel Parties be liable to you or any third party for any indirect, consequential, special, incidental, exemplary, or punitive damages, including, but not limited to, lost profits and damages that result from inconvenience, delay, or loss of use, arising out of or relating to the use of the Site, even if DR Surgery Channel or any of the DR Surgery Channel Parties have been advised of the possibility of such damages. In addition, in no event shall DR Surgery Channel be liable to you or anyone for any decision made or action taken by a party (including, without limitation, by any user or community member) in reliance on any content or other information about healthcare providers, procedures, treatments, or products posted on the Site. DR Surgery Channel shall not be liable for any damages, delays, or non-performance caused by factors or activities beyond its reasonable control, including delays and non-performance caused by viruses, denial of service attacks, other acts or omissions of third parties, internet service provider failures, strikes, lockouts, work slowdowns or stoppages, accidents, fires, terrorism, acts of God, government restrictions, mechanical, electronic, or communications failures, war or insurrection.

Notwithstanding anything in these Terms, the aggregate liability of the DR Surgery Channel Parties to you in connection with the Site (including any third-party content on the Site) and these Terms will be limited to the amount, if any, paid by you to DR Surgery Channel in the six (6) months prior to the act that gave rise to the liability, even if DR Surgery Channel has been advised of the possibility of any of the foregoing types of losses or damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Changes to the Site; Updates; Suspension of Your Use of the Site; Service Account Closure:

• DR Surgery Channel reserves the right to change the Site, delete features of the Site, or suspend your use of the Site at any time and for any reason without notice. DR Surgery Channel is not obligated to provide maintenance, technical support, or updates for the Site, but may do so at its discretion. You may terminate your use of the Site and close your Service Account at any time, with or without cause, upon notice to DR Surgery Channel. Upon termination, your right to use the Site ceases immediately, and any data you have stored on the Site may not be retrieved later. DR Surgery Channel may continue to display some or all of your Submissions even after your use of the Site is terminated or suspended.

Jurisdiction:

• DR Surgery Channel controls and operates the Site from its offices in New York in the United States. The Site and its content may not be appropriate or available for use outside the United States. If you access and use the Site from outside the United States, you are responsible for complying with your local laws to the extent they are applicable. These Terms and the Site are governed by United States federal law and the laws of the State of Washington, excluding any conflicts of law provisions. By registering for a Service Account, purchasing a product, accessing, browsing, or otherwise using the Site, you consent to the exclusive jurisdiction of the state and federal courts in King County, Washington. You waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of King County, Washington.

Indemnification:

• You agree to indemnify and hold harmless DR Surgery Channel and the DR Surgery Channel Parties from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with (a) your Submissions or any other Content you post or submit to or through the Site; (b) your use of the Site; (c) your conduct in connection with the Site or with other users of the Site, and; (d) any violation of these Terms, any other DR Surgery Channel policy, or any law or the rights of any third party.

Claim Must Be Filed Within One Year; Arbitration; No Class Actions:

• Any dispute, claim, or controversy arising out of or relating to these Terms, DR Surgery Channel, or the Site, or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by final and binding arbitration or in small claims court.

If you elect to seek arbitration or file an action in small claims court, you must first send a written Notice of your claim to DR Surgery Channel. Your Notice must describe the nature and basis of your claim and the specific relief you are seeking. If an agreement to resolve the claim is not reached within 30 days after the Notice is received, you or DR Surgery Channel may commence an arbitration proceeding or file a claim in small claims court.

Any such Notice must be submitted to DR Surgery Channel within one (1) year after the claim at issue arose; otherwise, to the maximum extent permitted by law, the claim is permanently barred.

Small claims actions may be filed in the county where you live. Arbitration hearings shall be held in King County, Washington, and shall be governed by the Federal Arbitration Act and the rules of the American Arbitration Association. The arbitrator’s fee shall be equally split between the parties, and the arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.

Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If a claim proceeds in court rather than in arbitration, both parties waive the right to a jury trial. DR Surgery Channel may bring suit against you solely for injunctive relief to stop unauthorized use or abuse of the Site or any infringement or other misuse of intellectual property rights.

Our Notices to You; Consent Regarding Electronic Information:

• This contract is in electronic form, and you consent to receive required information electronically. We may provide information via e-mail or through designated DR Surgery Channel websites. Notices sent via e-mail are deemed given and received on the transmission date of the e-mail. If you do not consent to receive notices electronically, you must stop using the Site immediately.

DR Surgery Channel App:

• If you access DR Surgery Channel from a mobile device using the DR Surgery Channel App, you agree to these Terms. DR Surgery Channel grants you the right to use the DR Surgery Channel App for personal use only. You must comply with all applicable laws and third-party terms when using the DR Surgery Channel App. DR Surgery Channel retains all rights to the DR Surgery Channel App, and you agree not to modify, adapt, translate, reverse engineer, create derivative works from, decompile, disassemble, or remove any intellectual property notices from the DR Surgery Channel App.

Apple is not responsible for the DR Surgery Channel App or any associated content. Apple is not responsible for addressing claims regarding the DR Surgery Channel App or providing maintenance or support services for it.

Miscellaneous:

• These Terms constitute the entire agreement between you and DR Surgery Channel regarding the use of the Site and supersede any prior agreements. Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver. If any provision of these Terms is held invalid, the remainder shall continue in full force and effect. If any provision is deemed unlawful, void, or unenforceable, it shall be deemed severable from these Terms and shall not affect the validity and enforceability of remaining provisions. If you are a California resident, you may report complaints to the California Department of Consumer Affairs. Sections 5, 12-20 shall survive the termination of these Terms.