1. Acceptance
Read all the following terms
and conditions carefully.
This Terms of Use Agreement
is a legal agreement between
you and drGdiaz.com and its
legal representatives, the
owner and operator ("Owner")
of this Website (the
“Website”). It states the
terms and conditions under
which you may access and use
the Website and all written
and displayed materials,
linked to, or otherwise made
available through the
Website, including, without
limitation, articles, text,
photographs, images,
illustrations, audio clips,
video clips, computer
software and code. By
accessing and using the
Website, you are indicating
your acceptance to be bound
by the terms and conditions
of this Agreement. If you do
not accept these terms and
conditions, you must not
access or use the Website.
The Owner may revise this
Agreement at any time by
updating this posting. Use
of the Website after such
changes are posted will
signify your acceptance of
these revised terms. You
should visit this page
periodically to review this
Agreement.
2. Use this site as
a source of information, not
as a prescription
The Content provided on the
Website is for informational
purposes and is not intended
to be a professional
substitute. It provides
updated information to help
you. To follow a treatment
always seek the advice of a
physician or other qualified
health provider properly
licensed to practice
medicine or general health
care. Always consult with
your physician or other
qualified health care
provider before embarking on
a new treatment, diet or
fitness program. Content
obtained from the Website is
not exhaustive and does not
cover all diseases,
ailments, physical
conditions or their
treatment. Important: if you
want us to prescribe any
treatment we need to exam
you first.
3. Medical emergency
Do not use the
Website for medical
emergencies. If you have a
medical emergency, call a
physician, qualified health
care provider or the
applicable local emergency
number immediately. Under no
circumstances should you
attempt self-treatment or
treatment of someone else if
you are not a qualified
medical professional.
4. No
physician-patient
relationship
The presentation of
Content on the Website does
not establish a
physician-patient
relationship between you (or
someone else and the Owner,
nor any of its physicians)
and is not intended as a
solicitation of individuals
to become patients or
clients of the Owner (or any
of its physicians).
If you wan to be our
patient, please arrange an
appointment with us first.
5. No endorsements
Unless specifically
stated, the Owner does not
recommend or endorse any
specific
brand of
products, services,
procedures, business, or
other information that
appears or that may be
advertised on the Website.
6. E-mail
Due to the inherently
non-secure nature of e-mail
communication, the Owner
recommends use secure
networks. So the Owner is
not responsible for
information leakage
7. Disclaimer of
warranties
The Website and the
Content are provided “AS
IS”. While the Owner
endeavors to provide Content
that is correct, accurate,
current and timely, the
Owner makes no
representations, warranties,
conditions, or covenants,
express or implied,
regarding the Website and
the Content including,
without limitation, no
representation, warranty,
condition, or covenant that
(i) the Content contained in
or made available through
the Website or any item(s)
made available on or through
the Website will be of
merchantable quality and/or
fit for a particular
purpose, (ii) the Website or
Content will be accurate,
complete, current, reliable,
timely or suitable for any
particular purpose, (iii)
that the operation of the
Website will be
uninterrupted or error-free,
(iv) that defects or errors
in the Website or the
Content, be it human or
computer errors, will be
corrected, (v) that the
Website will be free from
viruses or harmful
components, and (vi) that
communications to or from
the Website will be secure
and/or not intercepted.
You acknowledge and agree
that your access and use of
the Website and the Content
is entirely at your own risk
and liability.
8. Limitation of
liability
In no event shall the Owner,
its physicians, officers,
directors, employees,
agents, licensors, and their
respective successors and
assigns be liable for
damages of any kind,
including, without
limitation, any direct,
special, indirect, punitive,
incidental or consequential
damages including, without
limitation, any loss or
damages in the nature of, or
relating to, lost business,
medical injury, personal
injury, wrongful death,
improper diagnosis,
inaccurate information,
improper treatment or any
other loss incurred in
connection with your use,
misuse or reliance upon the
Website or the Content, or
your inability to use the
Website, regardless of the
cause and whether arising in
contract (including
fundamental breach), tort
(including negligence), or
otherwise. The foregoing
limitation shall apply even
if the Owner knew of or
ought to have known of the
possibility of such damages.
The Owner also expressly
disclaims any and all
liability for the acts,
omissions and conduct of any
third-party useradvertiser
or sponsor of the Website
(“Third-Party”). Under no
circumstances shall the
Owner, its physicians,
officers, directors,
employees, agents, licensors
and their respective
successors and assigns, be
liable for any injury, loss,
damage (including direct,
special, indirect, punitive,
incidental or consequential
damages), or expense arising
in any manner whatsoever
from (i) the acts, omissions
or conduct of any
Third-Party, and (ii) any
access, use, reliance upon
or inability to use any
materials, content, goods or
services located at, or made
available at, any Website
linked to or from the
Website, regardless of the
cause and whether arising in
contract (including
fundamental breach), tort
(including negligence), or
otherwise. The foregoing
limitation shall apply even
if the Owner knew of or
ought to have known of the
possibility of such damages.
9. Indemnity
You agree to indemnify,
defend and hold harmless the
Owner and its physicians,
officers, directors,
employees, agents,
licensors, and their
respective successors and
assigns, from and against
any and all claims, demands,
liabilities, costs, or
expenses whatsoever,
including, without
limitation, legal fees and
disbursements, resulting
directly or indirectly from
(i) your breach of any of
the terms and conditions of
this Agreement, (ii) your
access to, use, misuse,
reliance upon or inability
to access or use the
Website, the Content or any
Website to which the Website
is or may be linked to from
time to time or, (iii) your
use of, reliance on,
publication, communication,
distribution, uploading or
downloading of anything
(including the Content) on
or from the Website.
10. Copyright
The Content is protected by
copyright law and is owned
by the Owner and its
licensors, or the party
accredited as the provider
of the Content. Except as
granted in the limited
license herein, any use of
the Content, including
modification, transmission,
presentation, distribution,
republication, or other
exploitation of the Website
or of its Content, whether
in whole or in part, is
prohibited without the
express prior written
consent of the Owner.
11. Limited
license
Subject to the terms and
conditions of this
Agreement, you are hereby
granted a limited,
non-transferable and
non-exclusive license to
access, view and use the
Website and the Content for
your personal and
noncommercial use. You are
granted the right to
download, store and/or print
single copies of items
comprising the Content for
your personal,
non-commercial use, provided
that you maintain all
copyright and other notices
contained in such Content.
You may not copy and/or
repost items comprising the
Content online. You must
also abide by any additional
requirements governing the
use of any specific Content
that may be set out in the
Website. In the event of a
conflict between the terms
of a specific license
governing specific Content
and this Agreement, the
terms of the specific
license shall govern.
12.
Trademarks
drGdiaz.com is/are
trademarks of the Owner.
Other names, words, titles,
phrases, logos, designs,
graphics, icons and
trademarks displayed on the
Website may constitute
registered or unregistered
trademarks of the Owner or
third parties. While certain
trademarks of third parties
may be used by the Owner
under license, the display
of third-party trademarks on
the Website should not be
taken to imply any
relationship or license
between the Owner and the
owner of the trademark or to
imply that the Owner
endorses the products,
services, procedures,
business, or other
information of the owner of
the said trademark.
13. Linking
The Website contains links
to third-party Websites.
These links are provided
solely as a convenience to
you and not as an
endorsement by the Owner of
any third-party Website or
the content thereof. Unless
expressly stated, the Owner
does not operate any
third-party Website linked
to the Website and is not
responsible for the content
of any third-party Website,
nor does it make any
representation, warranty,
condition, or covenant of
any kind regarding any
third-party Website or the
content thereof including,
without limitation, any
representation, warranty,
condition, or covenant
regarding (i) the legality,
accuracy, reliability,
completeness, timeliness or
suitability of any content
on such third-party
Websites, (ii) the
merchantability and/or
fitness for a particular
purpose of any third-party
Websites or material,
content, software, goods, or
services located at or made
available through such
third-party Websites, or
(iii) that the operation of
such third-party Websites
will be uninterrupted or
error free, that defects or
errors in such third-party
Websites will be corrected,
or that such third-party
Websites will be free from
viruses or other harmful
components.
While the Owner
encourages links to the
Website, it does not wish to
be linked to or from any
third-party Website which
contains, posts or transmits
any unlawful or indecent
information of any kind,
including, without
limitation (i) any content
constituting or encouraging
conduct that would
constitute a criminal
offense, give rise to civil
liability or otherwise
violate any local, state,
provincial, national,
international law or
regulation which may be
damaging or detrimental to
the activities, operations,
credibility or integrity of
the Owner, or (ii) any
Website which contains,
posts or transmits any
material or information of
any kind which violates or
infringes upon the rights of
others, including material
which is an invasion of
privacy or publicity rights,
or which is protected by
copyright, trademark or
other proprietary rights.
The Owner reserves the right
to prohibit or refuse to
accept any link to the
Website, including, without
limitation, any link which
contains or makes available
any content or information
of the foregoing nature, at
any time. You agree to
remove any link you may have
to the Website upon the
request of the Owner.
14. Submissions
The Website may provide
features which allow you to
post messages and content to
designated areas on the
Website, to participate in
chat groups, to interact
with the Owner and other
users and to upload files,
documents, or other
materials (“Submission(s)”).
The Owner does not control
the content of any
Submissions and has no
obligation to monitor the
Submissions. However, the
Owner reserves the right at
all times to disclose any
information necessary to
satisfy any law, regulation
or governmental or law
enforcement request, or to
edit, refuse to post or to
remove any Submission, in
whole or in part, that, in
the Owner's sole discretion,
are objectionable or in
violation of this Agreement.
You acknowledge that you
alone are responsible for
the content of your
Submissions and the
consequences thereof.
15. Rules of
conduct regarding
Submissions
When using any of the
features of the Website
which allow you to post,
upload or make Submissions,
it is a condition of your
use of the Website that you
do not:
- Restrict or inhibit
any other user from
using and enjoying the
Website, interfere or
attempt to interfere
with the proper workings
of the Website or do
anything, which in the
sole discretion of the
Owner, imposes an
unreasonable or
disproportionately large
load on the Website
infrastructure;
- Post or transmit any
unlawful, abusive,
defamatory or obscene
information of any kind,
including, without
limitation, any
submission constituting
or encouraging conduct
that would constitute a
criminal offense, give
rise to civil liability
or otherwise violate any
local, state,
provincial, national or
international law or
regulation;
- Post or transmit any
Submission, including,
without limitation,
articles, images,
stories, software, or
other material, which
violates or infringes
upon the rights of
others, including
material which is an
invasion of privacy or
publicity rights, or
which is protected by
any intellectual
property rights,
including, without
limitation, copyright,
patent, trade secret,
trademark, or other
proprietary rights
herein, or derivative
works with respect
thereto, without first
obtaining permission
from the owner or rights
holder;
- Post or transmit any
Submission which
contains a virus or
other harmful component;
- Post or transmit
“junk mail”, “chain
letters”, unsolicited
mass mailing or “spam”;
and
- Use or "mine" the
Website for commercial
purposes, including,
without limitation,
posting, uploading or
transmitting any
Submission which
contains advertising,
which engages in
commercial activities,
solicitations or sales,
or which involves
contests, sweepstakes,
advertising and pyramid
schemes.
16. Grant of
license regarding
Submissions
By posting or uploading
Submissions to the Website,
you grant the Owner a
royalty-free, perpetual,
non-exclusive, irrevocable,
unrestricted, worldwide
license to (i) use,
reproduce, store, adapt,
translate, modify, make
derivative works from,
transmit, distribute,
publicly perform or display
such Submissions for any
purpose, and (ii) to
sublicense to third parties
the unrestricted right to
exercise any of the
foregoing rights. In
addition to the grant of the
above license, you hereby (i)
waive all moral rights in
your Submission in favor of
the Owner, (ii) consent to
your name, address and
e-mail appearing as the
contributor of your
submission, where
applicable, and to the
disclosure and display of
such information and any
other information which
appears in or is associated
with your Submission, (iii)
acknowledge and agree that
the owner is not responsible
for any loss, damage or
corruption that may occur to
your Submission, and (iv)
acknowledge and agree that
your Submission will be
non-confidential.
17. Registration
to use certain features of
the Website, you might be
asked to create an account
with the Website. When you
register with the Website,
you agree (i) to provide
true, accurate, current and
complete information about
yourself as prompted by any
registration form, and (ii)
to maintain and promptly
update the information to
ensure it remains true,
accurate, current and
complete. If the Owner has
reasonable grounds to
suspect that such
information is untrue,
inaccurate, not current or
incomplete, the Owner has
the right to suspend or
terminate your access to all
or part of the Website. The
Owner's use of any
personally identifying
information you provide as
part of the registration
process is governed by the
terms of Owner's Privacy
Policy.
18. Passwords
you are responsible for
maintaining the
confidentiality of the
password (if any) you use in
association with your
account and are responsible
for all activities that
occur under your user name
and password. You agree to
notify the Owner immediately
of any unauthorized use of
your password or account or
any other breach of
security, and to ensure that
you exit from your account
at the end of each session.
The Owner will not be liable
for any loss or damage
arising from the Owner's
failure or your failure to
protect your password or
account information.
19. Software
license and ownership
All software embedded in or
located on or at the
Website, including, without
limitation, all computer
code of all types, including
all files and/or images
contained in or generated by
such software (“software”)
is protected by copyright
and may be protected by
other rights. All such
software is owned by the
Owner, its licensors or the
party accredited with
ownership of such software.
You are hereby granted the
right to access and use the
software embedded and
integrated into the Website,
subject to (i) the terms and
conditions of this
Agreement, and (ii) any
additional conditions which
may be imposed on your
access and use of such
software.
If the Website provides
software for download,
unless otherwise provided,
you are hereby granted,
subject to the terms of this
Agreement and to any other
specific terms and
conditions that may apply to
your downloading and use of
such software, a personal,
non-transferable,
non-exclusive license to (i)
install and run one copy of
the software in object code
format on a non-networked
computer for your personal,
non-commercial use, and (ii)
to reproduce the software
only as reasonably required
to install, run and make
reasonable backup copies as
allowed by law.
Except to the extent
expressly permitted in this
Agreement, you may not (i)
use, reproduce, modify,
adapt, translate, upload,
download or transmit the
software in whole or in
part, (ii) sell, rent,
lease, license, transfer or
otherwise provide access to
the software, (iii) alter,
remove, or cover any
trademarks or proprietary
notices included in the
software, and/or (iv)
decompile, disassemble,
decrypt, extract, or reverse
engineer the software or
assist others in doing so.
Other than the limited
license granted herein,
nothing contained in the
Website shall be construed
as granting you any right,
title, interest or other
licence in or to any
software embedded or
integrated into the Website
or made available for
download from the Website,
including, but not limited,
to any intellectual property
rights in the software.
All software embedded or
integrated into the Website
is provided “as is”, without
representation, warranties,
conditions, or covenants of
any kind, either expressed
or implied, including,
without limitation, any
representation, warranty,
condition, or covenant (i)
that the software is of
merchantable quality and/or
is fit for any particular
purpose, (ii) that the
software will conform with
any specification(s)
relating to the software,
(iii) that the software will
be free from material
defects, (iv) that the
software contains no
computer viruses or other
contaminants, or (v) that
the software shall process
date and time-related data
without causing any
processing interruptions,
abnormal termination or
process or manipulate any
time-related data.
20. Tools
any tools or calculators
provided on the Website are
provided for general and
illustrative purposes only.
Such tools and/or
calculators are not medical
advice nor are they intended
to be a substitute
therefore. You should not
act or abstain from acting
based on any information
provided by any such tool or
calculator available on this
Website.
21. Security
any information sent or
received over the Internet
is generally not secure. The
Owner cannot guarantee the
security or confidentiality
of any communication to or
from the Website.
22. Modification
to Website
The Owner reserves the right
any time, and from time to
time, to modify or
discontinue, temporarily or
permanently, the Website (or
any part thereof) with or
without notice to you. The
Owner shall have no
liability to you or any
third party for any
modifications, suspension or
discontinuance of the
Website or any part thereof.
23. Use
prohibited where contrary to
law
Use of this Website is
unauthorized in any
jurisdiction where the
Website or any of the
Content may violate any laws
or regulations. You agree
not to access or use the
Website in such
jurisdictions. You agree
that you are responsible for
compliance with all
applicable laws or
regulations. Any
contravention of this
provision (or any provision
of this Agreement) is
entirely at your own risk.
24. Governing law
and jurisdiction
The Website is operated by
the Owner from its offices
within Colombia. You agree
that all matters relating to
your access or use of the
Website and its Content
shall be governed by the
laws of Colombia. You agree
and hereby submit to the
exclusive and preferential
jurisdiction of the courts
of Colombia with respect to
all matters relating to your
access and use of the
Website and the Content as
well as any dispute that may
arise therefrom and that the
applicable law shall be the
law of Colombia.
25. Waiver
Any consent by the Owner to,
or waiver of, a breach of
this Agreement which you
have committed, whether
express or implied, shall
not constitute a consent to,
or waiver of any other,
different or subsequent
breach.
26.
Severability
The invalidity or
unenforceability of any
provision of this Agreement
or any covenant contained
herein shall not affect the
validity or enforceability
of any other provision or
covenant contained herein
and any such invalid
provision or covenant shall
be deemed severable from the
rest of this Agreement.
27. Termination
The Owner may, in its sole
discretion, cancel or
terminate your right to use
the Website, or any part of
the Website, at any time
without notice. In the event
of termination, you are no
longer authorized to access
the Website, or the part of
the Website affected by such
cancellation or termination.
The restrictions imposed on
you with respect to Content
downloaded from the Website
and the disclaimers and
limitations of liabilities
set forth in this Agreement,
shall survive termination of
this Agreement. The Owner
shall not be liable to any
party for such termination.
28. Entire
Agreement
This is the entire Agreement
between you and the Owner
relating to your access and
use of the Website and
Content. |