On Vacation Doctor, LLC Terms and Conditions

Last Updated: October 1, 2020

  1. INTRODUCTION

Thank you for using On Vacation Doctor!  We value you as a customer and our relationship with you. 

This Terms and Conditions (“Terms and Conditions”) govern your access and usage to the On Vacation Doctor systems, webpages, applications, services, and content, including results of queries (“Services”).  

Your access to and use of the On Vacation Doctor Services is bound by your acceptance of and compliance with these Terms and Conditions.  These Terms and Conditions apply to all visitors, members, users and others who access or use the On Vacation Doctor Services.

By accessing or using the On Vacation Doctor Services you agree to be bound by these Terms and Conditions and accept all legal consequences.  If you do not agree to any of these Terms and Conditions, in whole or in part, please do not use the Services and if you have created a user account, please delete your account.

1.1 Definitions

Mentions of “On Vacation Doctor,” “we,” “us,” or “our,” refers to the On Vacation Doctor, LLC company that is responsible for your information under these Terms and Conditions.

  1. CONTENT

2.1 Content we provide

We continue to update or modify the information in our systems to have the most current information known to us.

We cannot and do not guarantee the timeliness, accuracy or completeness of any information, including specialty, location, images, feedback, ratings, services, specifications, certifications, availability, medical competence, or contact information.  We reserve the right to change or update information, and to correct errors, inaccuracies, or omissions at any time without prior notice.

We strive to provide you with current and accurate information, however, despite our best efforts, the information on our systems, including website and app, may be outdated, have errors or inaccuracies or missing information.   

2.2 Content users provide

Our systems and services allow users to post feedback and ratings, link to other sites, store information, share content and otherwise make available text, pictures, graphics, videos, or other material (“user content”).  We do not endorse any user content and disclaim any original ownership of such content.  Users, including yourself, are responsible for the user content that you post or share to the On Vacation Doctor systems, including its legality, originality, and appropriateness.  

By posting user content to On Vacation Doctor systems, you grant us right and license to use, modify, display, reproduce, and distribute such user content on and through the On Vacation Doctor systems, including website and app.  You agree that this license includes the right for us to make the user content available to other users of our Services, who may also use the user content subject to these Terms and Conditions.  You retain any and all of rights to any user content you submit, post or display on the On Vacation Doctor Services.

You represent and warrant that the user content that you post or share is yours (i.e. you own it) or you have the right to use it and you grant us the rights and license as provided in these Terms and Conditions, and the posting of the user content to our Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or company.   

We reserve the right to block, modify or remove any communication, including text, pictures, graphics,  videos or other materials that we determine to be: a) abusive or defamatory, b) obscene, c) fraudulent, deceptive, or misleading; d) in violation of a copyright, trademark or other intellectual property rights or e) offensive, inappropriate or otherwise unacceptable to us.  The determination of what is unacceptable to be posted or shared on the On Vacation Doctor Services is at our sole discretion. 

You acknowledge that by our providing to you the ability to post, share or distribute user content on the On Vacation Doctor Systems, and to view such user content, we are only acting as a passive conduit for such distribution and we do not have any obligations or liabilities relating to such user content.

2.3 Links To Third-Party Sites 

Our Services contain links or references to third-party sites or services that are not owned or controlled by us.  We have no control, or decision making, over those third-party sites or services, and we assume no responsibility for the content, privacy policies, term or conditions, or practices of any third-party web sites or services. 

You further acknowledge and agree that On Vacation Doctor, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents shall not be held responsible or liable for any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

It is your responsibility to read the terms and conditions and privacy policies of any third-party web sites or companies that you visit or use. 

  1. USER ACCOUNTS

3.1  Accuracy of User Information

When you create a user account with us, you must provide information that is complete and accurate at the time you create the user account, and you must maintain that information to be current, complete and accurate in our systems at all times.  Failure to do so constitutes a breach of these Terms and Conditions which may result in immediate termination of your account.

3.2  User Account Security

Security of your username and password to the On Vacation Doctor systems is critical to ensure the integrity of our systems and services.  It is your responsibility to safeguard the username and password that you use to access the On Vacation Doctor systems and services and to not disclose your username and password to any third-party.  In the event your user account is breached, or you become aware of any breach or unauthorized use, you must notify us immediately through the Contact Us page. 

You may not use a username of another person, entity, name or trade mark that is subject to any rights of another person or entity unless you have appropriate and legal authorization.  You may not use a username that is offensive, insensitive, vulgar or obscene.

You are responsible for all activity that occurs under your account.

All users must be human.  Any account registered by software (“robots,” “bots”) or other automated means are not permitted and may be deactivated, deleted, or removed without notification, and any related addresses blocked for future use.  

3.3 Termination

We reserve the right to terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms and Conditions.

All provisions of the Terms and Conditions shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use our systems and services will cease immediately. If you wish to terminate your account, you may simply discontinue using the service.

  1. PAYING FOR PRODUCTS OR SERVICES

4.1 Purchases

Upon purchase of any product or service from On Vacation Doctor you may be asked to provide certain financial information such as your credit card number, the expiration date of your credit card, credit card CVV or security code,  billing address, and your shipping information.

You represent and warrant that you have the legal right to use the credit card or other payment method in connection with any purchase, and that the information you supply to us is complete and accurate.  By submitting the financial information, you grant us the right to provide the information to third parties to process the payment for the products or services of On Vacation Doctor.

We reserve the right to modify, enhance or discontinue products or services, either temporarily or permanently, with or without notice.  On Vacation Doctor shall now be liable to you or to any third-party for any modification, suspension or termination of the services.   

We reserve the right to refuse or cancel your order at any time due to product or service availability, errors in the description or price of the product or service, errors in your order, fraudulent or  unauthorized transition, illegal transaction or suspected fraud.  

We will not be held responsible or liable for any failure for the purchase to complete, the processing and completion of the credit card transaction, or any resulting loss or damages to you.

4.2 Subscriptions

Some components of the On Vacation Doctor services are billed on a subscription basis.  Subscriptions are billed in advance, recurring and periodic basis (“Billing Cycle”).  Billing Cycles are set periodically, either monthly, every 6 months or annually, depending on the type of subscription plan selected when you purchased your subscription.

At the end of each Billing Cycle your subscription will automatically renew under then current Terms and Conditions unless your subscription is cancelled.  You may cancel your subscription either through your online account page or through your subscriptions page with your app provider (App Store or Google Play).

A valid payment method, such as your credit card or other alternative payment method, is required to process the payment for your subscription.  By submitting your payment information, you authorize On Vacation Doctor to charge all subscription fees, including any and all past due amounts. 

4.3 Fee Changes

We reserve the right to modify the registration price or subscription fees at any time.  Any subscription fee increase becomes effective at the next earliest Billing Cycle.  We will provide you with prior notice of any changes in your subscription fees and give you an opportunity to cancel your subscription.  If you fail to cancel your subscription by the billing date, you agree to the subscription fee change.  

4.4 Refunds

Except when required by law, paid subscription fees are non-refundable.

  1. MEDICAL PROFESSIONAL SERIVCES

5.1 Your Responsibilities with Medical Events 

On Vacation Doctor provides a referral service to medical professionals and facilities.  We do not provide any medical advice, consultation, diagnosis, procedures, or prescriptions (“Medical Event”).  We do not give any guarantees or assurances about the accuracy or appropriateness of the Medical Event by any medical professional or facility.  We do not provide any guarantees or assurances about any outcome of any Medical Event, nor do we provide any guarantees or advice regarding you or your body’s reaction to any Medical Event, including recovery.  

It is your responsibility to assess the appropriateness of your medical professional and any advice given to you, including diagnosis and treatment, and any procedures performed on you.  It is your responsibility to make the decision to follow the advice of the medical professional, including any in-office, hospital, clinic, house-call or outpatient setting.  

5.2 Medical Fees or Expenses

You are responsible for any and all medical fees or expenses incurred by you, including office visits, hospital visits or stays, house-calls, laboratory tests, over-the-counter or prescription medication, other medical equipment, including but not limited to, braces, crutches, canes, walkers, wheelchairs, bandages, or home health care equipment.

You are responsible for any and all transportation cost incurred by you to reach a medical professional or facility, including any taxi, private transportation, public transportation, ambulance, clinic transport, boat or medical evacuation by plane.  

Fees charged for any medical care or transportation are determined by the providing person or company and are not negotiated or determined by On Vacation Doctor.  

  1. INTELLECTUAL PROPERTY

6.1 Others Intellectual Property 

We respect the intellectual property rights of others.  If you believe our services or content infringes the copyright, trademark or patent of any person or company, please let us know using the Contact Us page.  

6.2 Our Intellectual Property

On Vacation Doctor Services, including but not limited to text, graphics, pictures, videos, code or processes are the property of On Vacation Doctor and are protected by copyright, trademark and other intellectual property rights.  

You may display, download, copy or print portions of our Services for your non-commercial, non-exclusive, private use.  All other use is strictly prohibited and may violate copyright, trademark, patent or other laws and these Terms and Conditions.

6.3 Copyright and Trademark Notices

All contents on the On Vacation Doctor systems and services are “© On Vacation Doctor, LLC”.  All rights are reserved. We are not responsible for content or delivery of information or services on websites operated by parties other than On Vacation Doctor.  On Vacation Doctor, onvacationdoctor.com, and the On Vacation Doctor logo are registered trademarks of On Vacation Doctor, LLC in the United States and other countries.

You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of our Services without express written permission.

  1. INDEMNIFICATION AND LIMITATIONS OF LIABILITY

7.1 Indemnification

You agree to indemnify, defend and hold harmless, On Vacation Doctor, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, liabilities, losses, damages, obligations, costs, actions or demands, for any breach of these Terms and Conditions, user content you post, activity related to your account, including any illegal or negligent conduct by you, your representatives or persons accessing our Services using your account whether such access is obtained via fraudulent or illegal means. 

7.2 Disclaimer And Non-Waiver of Rights

The Service is provided on an “AS IS” and “AS AVAILABLE” basis.  The Service is provided without warranties, representations, assertions or guarantees of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for your purpose or intention, or to the timeliness, accuracy or completeness of the data.  Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. 

On Vacation Doctor does not warrant or guarantee that the systems and services will be available at any particular time or location, nor do we warrant or guarantee that any errors or defects will be corrected, or that the systems are free of viruses, malware or other harmful components.

If you breach any of these Terms and Conditions and On Vacation Doctor chooses not to immediately act, or chooses not to act at all, we retain all rights and remedies at any later date.  On Vacation Doctor does not waive any of its rights.  On Vacation Doctor shall not be responsible for any purported breach of these Terms and Conditions caused by circumstances beyond our control. A person who is not a party to these Terms and Conditions shall have no rights of enforcement.

7.3 Liability Limitation

On Vacation Doctor, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, agents or affiliates, shall not be held liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, personal loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from your use of our Services, your inability to access or use our Services, any content of any third-party on or related to our Services, any content obtained from or through our Services, the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

We do not represent or warrant to you that our services will meet your requirements; will be uninterrupted, timely, secure or free from error; or any information obtained by you as a result of your use pour Services will be accurate or reliable.

We do not represent or warrant the suitability of the information, software, products, or services for any purpose.   The inclusion or offering of any products or services does not constitute any endorsement or recommendation of such products or services by us.  All such information, systems, products, and services are provided “as is” without any warranty of any kind.  On Vacation Doctor hereby disclaims all warranties and conditions with regard to this information, systems, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.

We are not liable for any personal injuries, death, property damage, or other damages or expenses resulting from using our Services.  In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, or use of, our Services or with the delay or inability to access or use our Services.  

If, despite the limitations stated above, On Vacation Doctor is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of On Vacation Doctor will in no event exceed the service fees you paid to On Vacation Doctor in connection with the access and use of our systems and services. 

This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of On Vacation Doctor.

  1. PROHIBITED ACTIONS

Our systems, content and services, including the infrastructure used by us to provide such services, is proprietary to us and our third-party suppliers.  While you may display, download, copy or print portions of our Services for your non-commercial, non-exclusive, private use, you agree not to modify, copy, distribute, transmit, transfer, display, transform, reproduce, publish, license, or sell any information or service obtained from the user of our services.  

You agree not to utilize any robot, bot, spider, screen scrap or other automated means or utilize any manual processes to obtain data or information on our systems without our express written permission. 

You agree not to “Frame” or “Mirror” or otherwise incorporate any part of our systems, services or content into any other system or service without our prior written permission.  

You agree not to “Deep Link” or otherwise bypass our homepage or user sign-in page for any reason without our prior written permission. 

You agree not to “Inline” or otherwise display parts of our Services, including output, images or graphics, for any reason without our prior written permission. 

  1. GOVERNING LAW

These Terms and Conditions shall be governed by, and interpreted and enforced in accordance with, the laws Phoenix, Arizona, USA, as applicable.

If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms and Conditions will remain in effect. These Term and Conditions constitute the entire agreement between us regarding our systems and service

  1. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify these Terms and Conditions at any time in accordance with this provision. If a revision is deemed material we will make reasonable efforts to provide at least 30 days’ notice prior to any new Terms and Conditions taking effect.  What constitutes a material change will be determined at our sole discretion.  If you disagree with the revised Terms and Conditions, you may cancel your account. If you do not cancel your account before the date the revised Terms and Conditions becomes effective, your continued access to or use of the On Vacation Doctor systems and services will be subject to the revised Terms and Conditions.

  1. CONTACT US

If you have any questions or concerns about On Vacation Doctor’s Terms and Conditions you may use the Contact Us page or email us info@onvacationdoctor.com