Legal.

Last updated: October 14, 2021

 

GENERAL INFORMATION REGARDING THESE TERMS OF USE

This website is operated by Doctor Sam, LLC (“Doctor Sam”, “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that Doctor Sam operates, including doctorsam.com (the “Websites”). The Master Terms also apply to other online information, and services provided by Doctor Sam, including without limitation any articles, forms, emails and newsletters that you either access through the Websites or receive from us (collectively, with the Websites, the “Services”).

Our mission is to provide top quality mental health services. To further this goal, our Services are designed with a few core purposes:

• Providing a personalized experience for you
  • We may use information that you provide to us to customize aspects of your experience with our Services. For example, if you indicate that you are interested in a certain topic, we may show you more information about your topic of interest.

• Researching ways to make our Services better
  • We are always looking for ways to improve our Services and your experience. We analyze data gathered through our Services to help us better understand our users. We may also conduct trials or surveys to gauge user interest or satisfaction with our Services.

In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”), including without limitation separate terms signed by patients of Doctor Sam. If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Doctor Sam in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

YOUR AGREEMENT TO THE TERMS

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

CHANGES TO THE TERMS

From time to time, Doctor Sam may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s). All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

NO MEDICAL ADVICE / NO DOCTOR-PATIENT RELATIONSHIP

Doctor Sam is a medical practice. Entering a doctor-patient relationship with us and one of our providers requires a separate written legal agreement. Sending us an email or using any of the Services, does not constitute medical advice or create a doctor-patient or therapist-patient relationship. Any forms we may make available through the Services are for informational purposes only.

The Services are not intended to be a substitute for professional medical advice, diagnosis or treatment. Any medical or other healthcare decisions should be made in consultation with your physician or other qualified healthcare provider. Never disregard professional medical advice or delay in seeking it because of something you have read using the Services.  If you think you may have a medical emergency, call your doctor or 911 immediately.

Doctor Sam does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned through the Services or any third-party linked sites.  Reliance on any information provided via the Services is solely at your own risk.

Doctor Sam will not be liable for any complications, injuries or other medical accidents arising from or in connection with the use of or reliance upon any information obtained from the Services or any third-party linked websites. Doctor Sam does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed the Services or any linked websites.

NO LEGAL ADVICE / NO ATTORNEY-CLIENT RELATIONSHIP

Doctor Sam is not a law firm, does not provide legal advice or legal representation, and is not a substitute for a law firm. Sending us an email or using any of the Services, does not constitute legal advice or create an attorney-client relationship.

CONTENT AVAILABLE THROUGH THE SERVICES

Provided as-is: You acknowledge that Doctor Sam does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Doctor Sam liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

CONTENT SUPPLIED BY CONTRIBUTORS TO THE SERVICES

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Unless you have provided Doctor Sam with an assignment or exclusive license of rights, the following applies:

Your rights: You retain any intellectual property rights (e.g., copyright and trademark) that that you may have to Your Content. You are free to use and share Your Content outside of Doctor Sam however you choose.

Permissions you grant us: In order to provide you with our Services and to improve and expand those Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your Content.

Removal: Doctor Sam may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Doctor Sam) does not impact any rights you granted to Doctor Sam in Your Content under these terms.

PROHIBITED CONDUCT

You agree not to engage in any of the following activities:

1. Violating laws and rights:
   • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation:
   • You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
3. Disruption:
   • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others:
   • You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, pornographic, sexually explicit, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
   • You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
5. False or misleading information:
   • You may not post or transmit Content on or through the Services that is misleading, false and/or harmful to others.
6. Impersonation or unauthorized access:
   • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
   • You may not use or attempt to use another’s account or personal information without authorization; and
   • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
7. Unauthorized Data Collection and Use:

• • You may not copy any of the Content available through the Services without our prior written consent;
  • You may not use data available through the Services for any purpose other than accessing and promoting the Services; and
  • You may not collect or download data from the Websites or Services using a robot, spider or other automatic device, process or means of access.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) ARE PROVIDED AS-IS AND AS-AVAILABLE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, DOCTOR SAM AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELLY, THE “DISCLAIMING PARTIES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, NEITHER DOCTOR SAM NOR ANY OTHER DISCLAIMING PARTIES, REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY DOCTOR SAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOCTOR SAM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DOCTOR SAM, OR ANY DISCLAIMING PARTY, BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PERSONAL INJURY OR DEATH, HEALTH OR MEDICAL EXPENSES, MENTAL OR EMOTIONAL DISTRESS, PAIN AND SUFFERING, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF DOCTOR SAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCTOR SAM AND ANY OTHER DISCLAIMING PARTY ARE NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

To the extent authorized by law, you agree to indemnify and hold harmless Doctor Sam, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.

PRIVACY POLICY

Doctor Sam is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

INTELLECTUAL PROPERTY

All text, graphics, information, content, and other material displayed on or that can be accessed through the Services are protected by copyrights, trademarks, servicemarks, or other proprietary rights which are either owned by Doctor Sam, or owned by third-parties and licensed to Doctor Sam (unless such use qualifies as fair use). You shall not delete or alter any copyright, trademark or other proprietary rights notices from such materials or any other materials available through the Services.  No right, title or interest in or to the Services or any content available through the Services is transferred to you, and all rights not expressly granted herein are reserved by Doctor Sam.  You may not copy, reproduce or otherwise use any such materials except as permitted under these Terms or with the prior written permission of Doctor Sam.

COPYRIGHT COMPLAINTS

Doctor Sam respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

It is the policy of Doctor Sam to respond expeditiously to claims of intellectual property infringement.  We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.  Upon receipt of notices complying or substantially complying with the DMCA, when it is under its control, Doctor Sam will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  We will also terminate access for repeat infringers.

If you believe that a copyrighted work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:

• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Notices of claimed infringement should be directed to legal@doctorsam.com. When Doctor Sam removes or disables access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification.  Any and all counter notifications submitted by the user will be furnished to the complaining party.  Doctor Sam will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before replacing or restoring access to any material as a result of any counter notification.

TERMINATION

Doctor Sam may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Doctor Sam at any time and for any reason.

Automatic termination: Your right to access and use the Services shall also automatically terminate upon your breach of any of the Terms.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations also survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license.

MISCELLANEOUS TERMS

Captions: The captions or headings in these Terms are made for convenience and general reference only and shall not be construed to describe, define or limit the scope or intent of the provisions of the Terms.

Choice of law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws.

Dispute resolution: The parties agree that any disputes between Doctor Sam and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Southern District of Florida and you hereby consent to the exclusive personal jurisdiction and venue of such courts.

• If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding its choice of law rules).

No waiver: Doctor Sam’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right. No waiver of any provision of this Agreement shall be effective unless in writing.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions, and such invalid or unenforceable provision shall be modified to the extent required to make it valid and enforceable to the maximum extent possible.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Doctor Sam as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Doctor Sam relating to this subject matter and supersede any and all prior communications and/or agreements between you and Doctor Sam relating to access and use of the Services.