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Acceptable use policy

Effective Date: March 27, 2015

Here at Zocdoc, we’re committed to making our service safe, caring, and accessible for everyone. That’s why we created this document, which explains the rules for using Zocdoc. Thank you for reading, and for helping us deliver a better healthcare experience!

This Acceptable Use Policy (“AUP”) is incorporated by reference into Zocdoc, Inc.’s (“Zocdoc,” “we,” or “us”) Terms of Use and governs your use of the Site and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this AUP shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AUP, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS AUP, YOU CANNOT USE THE SERVICES.

1. RESTRICTED USES

You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.

Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  • copy, modify, adapt, translate, or reverse engineer any Content (as defined in the Terms of Use) or portion of the Site, its content or materials and/or the Services;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any Content;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
  • access or retrieve any Content or portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the healthcare industry or Healthcare Providers (as defined in the Terms of Use);
  • reformat or frame any Content or portion of the web pages that are part of the Site and/or the Services;
  • fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Healthcare Provider which you do not intend to keep, or scheduling an appointment for Designated Provider Services (as defined in the Additional Terms) which you do not intend to pay using the Transaction Processing Services (as defined in the Additional Terms);
  • create user accounts, book appointments or submit Posted Information by automated means or under false or fraudulent pretenses;
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
  • use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.

No Spam.

You may not use contact information provided by our users or Healthcare Providers, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. You may not allow others to use your account to violate the terms of this section. We may immediately terminate your registration or access to the Services and take other legal action if you or anyone using your Credentials violates these provisions.

2. USER CONTENT

Pursuant to the Terms of Use, you may submit feedback, submit inquiries and to participate in the other interactive and community features of the Site (collectively “Posted Information”). In providing feedback, please give clear, honest information about the Healthcare Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in interactive or community aspects of the Service, please do not post any information that another user or Healthcare Provider may use to individually identify you, but please do include all relevant information in a concise manner to help us provide you with a helpful response.

We reserve the right to publish your Posted Information as part of the Services and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on.

Without limiting the generality of the foregoing:

  • You are solely responsible for any Posted Information that you submit, publish or display through the Services or transmit to other members and/or other users of the Site.
  • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
  • You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by Zocdoc.
  • You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
  • You understand and agree that Zocdoc may (but is not obligated to) review and delete any Posted Information that in the sole judgment of Zocdoc violates the Terms of Use or this AUP, or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Services and/or other website users.
  • You agree that you will only provide Posted Information that you believe to be true.
  • You may not submit Posted Information that:
    • is false, deceptive or misleading;
    • harasses or advocates harassment of another person;
    • involves the transmission of unsolicited mass mailing or “spamming”;
    • violates, infringes or misappropriates the intellectual property or other rights of any person;
    • violates antitrust, competition, or consumer protection laws;
    • is threatening, abusive, obscene, defamatory or libelous; or
    • is pornographic or sexually explicit in nature.

The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. Zocdoc reserves the right to investigate and take appropriate legal action in accordance with the Terms of Use.

3. COPYRIGHT DISPUTE POLICY

Zocdoc adopts the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) (http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Zocdoc’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.

Zocdoc Policy.

Our policy is to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or other users; and (b) remove and discontinue Service to repeat offenders.

Procedure for Reporting Copyright Infringements.

If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Zocdoc is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification.

Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Zocdoc’s policy:

  • to remove or disable access to the infringing material;
  • to notify the content provider, member or user that it has removed or disabled access to the material; and
  • for repeat offenders, to terminate such content provider’s, member’s or user’s access to the Service.

Procedure to Supply a Counter-Notice to the Designated Agent.

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Zocdoc is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal.

If a counter-notice is received by the Designated Agent, Zocdoc may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Zocdoc’s discretion.

Address for Designated Agent. Please contact Zocdoc’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Copyright Agent, Zocdoc, Inc.

568 Broadway, 9th Floor

New York, NY 10012

Phone: (855) 962-3621

Fax: (800) 701-9607

Email to: legal@zocdoc.com

4. UPDATES AND CHANGES TO THE ACCEPTABLE USE POLICY

The effective date of this Acceptable Use Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Acceptable Use Policy. We encourage you to periodically review this page for the latest information on acceptable uses of the Services. The amended Acceptable Use Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS ACCEPTABLE USE POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.