Last Updated: August 01, 2025
Welcome to AskADoc! As a User, you (“User,” “you”) may have access to our medical health care platform to facilitate your connection with Doctors. AskADoc
Who is AskADoc? AskADoc and its licensed Doctors provide Users who are eligible and provide consent with Medical Services, as described below.
What is this agreement? Please read these User Terms and Conditions (“Conditions of Use”) carefully, as they set forth the terms and conditions of your use of AskADoc’s platforms, including but not limited to www.AskADoc.com (“Sites”) when engaging with AskADoc and its Doctors. AskADoc owns and maintains the Sites. The Platform may be provided or be accessible via multiple browsers, whether owned and/or operated by us or by third parties, including, without limitation, the website, AskADoc.com.
These Conditions of Use constitute a legal document. As a condition of being a User, you must agree to be bound by these Conditions of Use. These Conditions of Use apply to Users who register an account and use the Sites to obtain medical health care and related services. All Users are indirect users of the Sites, which means they will have access to the Sites’ programming interface to enable them to connect with licensed physicians and health care providers who are trained to provide services via remote modalities (“Doctors”). Users who are eligible and render informed consent may be offered medical recommendations for reported conditions (“Medical Services”).
Medical Services are not emergency services. If you experience a medical emergency (including suicidal or homicidal thoughts), you should immediately call 911 or visit your nearest emergency room.
We may alter these Conditions of Use without notice, and the User’s continued use of the Sites signifies an agreement to be bound by any future changes. You are encouraged to review these Conditions of Use at regular intervals to monitor updates. If you do not agree, you should not register an account on our Sites. Please read these Conditions of Use carefully.
By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound by any term of this Agreement, you must not access the Platform.
When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").
THIS IS A LEGAL DOCUMENT. YOU MUST AGREE TO BE BOUND TO THESE CONDITIONS OF USE IN ORDER TO RECEIVE SERVICES FROM THE SITES. IF YOU DO NOT AGREE TO THESE CONDITIONS OF USE, PLEASE DO NOT USE THE SITES.
ALL FEES, IF ANY, PAID TO ASKADOC ARE SOLELY BASED ON THE FAIR MARKET VALUE OF ANY SERVICES THAT ARE PROVIDED TO YOU, INCLUDING PROPRIETARY TECHNOLOGY, PLATFORM OFFERINGS, AND SUPPORT. FEES PAID BY YOU TO ASKADOC ARE NOT BASED ON A PERCENTAGE OF PROFESSIONAL FEES RENDERED BY ASKADOC OR THE VOLUME OR VALUE OF ASKADOC SERVICES.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES, AND THE DOCTORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES. IF YOU PROCEED TO USE THE PLATFORM NOTWITHSTANDING THIS NOTICE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION, AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
1. Acceptance and Agreement to Be Bound
(a) These Conditions of Use form a legally binding contract between you and AskADoc for your access to and use of the Platform and the Medical Services. You represent and warrant that you have the right and authority to bind yourself to these Conditions of Use. You also represent and warrant that you are either: (i) at least 18 years of age or (ii) are the legal guardian of a child between the ages of 13 and 17 whom you are authorising to use our Sites. You further represent and warrant that you agree that all information you submit to AskADoc is true and accurate.
(b) By using the Sites, you agree to allow AskADoc to collect, use, and disclose your information to receive Medical Services.
(c) Users may only use the Sites if they can form a binding contract with us, and only if the User agrees to comply with these User Terms and Conditions of Use and all applicable local, state, national, and international laws, rules, and regulations.
2. The Sites Are Not Intended for Children
(a) The Sites and Registration are not intended or designed to attract children under the age of 18. AskADoc does not collect personally identifiable information from any person known by AskADoc to be a child under the age of 18. Should we inadvertently come to possess personally identifiable information about a child under the age of 18, AskADoc will not knowingly disclose contact information relating to a child under the age of 18 to any third party.
3. Creating an Account
(a) To access some of the Content and the Medical Services, you must create a password-protected account (“Registration”). In doing so, you agree to supply truthful and complete information about yourself and update your Registration if it changes. You are responsible for keeping your password and username confidential and secure. You accept responsibility for all activities that occur under your username and with your password. You further agree to sign out of your account after each session and use caution when accessing your account from a public or shared computer. AskADoc is not responsible for any loss or damage that arises due to your failure to maintain the security of your account.
(b) Creating an account will allow you access to the Medical Services.
(c) Registration for Users is subject to AskADoc’s eligibility requirements
(d) Payment is required for Medical Services and your membership. You will be prompted to provide your payment information upon Registration. You agree to update your payment information if there are any changes to it. All necessary fees will be detailed on the Sites. AskADoc bills you through an online account. You agree to pay AskADoc for all charges then in effect at the time of receiving Medical Services.
(e) All payments provided by Users can be made through a credit card using a third-party vendor integrated into AskADoc (“Payment Processor”). Payment processing services for all fees incurred as a result of your membership are subject to the Payment Processor’s third-party terms of service. By agreement to these terms of service or continuing your membership, you agree to be bound by the Payment Processor terms of service, as modified from time to time with or without notice. As a condition of AskADoc enabling payment processing services through the Payment Processor, you agree to provide accurate and complete payment information, and you authorize us to share it and other transaction information related to your use of payment processing services by the Payment Processor for the sole purpose of processing payments.
(f) By providing payment information to us, you grant the Payment Processor and us your consent and authorization for your credit card to be charged for any fee for your continued membership. All overdrafts, chargebacks, and bank fees are solely your responsibility. We will notify you in advance of fee increases prior to you being billed. We do not offer refunds.
(g) BY REGISTERING AS A USER, YOU AGREE TO PAY ANY FEES ASSOCIATED WITH YOUR MEMBERSHIP. THE FEE WILL AUTOMATICALLY BE CHARGED TO YOUR PREFERRED PAYMENT METHOD. YOU AGREE THAT THE FEES WILL INCLUDE APPLICABLE TAXES UNTIL YOU CANCEL YOUR REGISTRATION. IF YOUR PAYMENT METHOD FAILS AND YOU DO NOT PAY OR DO NOT PAY ON TIME, WE MAY CANCEL OR SUSPEND YOUR ACCOUNT.
(h) Any fee is exclusive of value-added, goods and devices, sales, or other tax. You are solely responsible for such payment and compliance with such tax obligations.
(i) After you complete your Registration and consent to the care, you will be connected to Doctors to receive Medical Services.
(j) In the event of a payment dispute, AskADoc reserves the right to provide relevant transaction details, such as appointment history or confirmation records, to financial institutions or payment processors for the purpose of resolving the dispute. This information will be shared strictly for dispute resolution purposes and might include information in your personal health record and individually identifiable health information, depending on the case. By using our services, you agree to allow us to share necessary personal health record identifiable health information with third parties involved in the dispute resolution process.
4. Account Registration and Security
(a) The Sites are not for or directed to anyone under 18 years of age. By providing information about yourself, you warrant that you are either: (i) at least 18 years of age and can form a binding contract or (ii) are the legal guardian of a child between the ages of 13 and 17 whom you are authorizing to use our Sites.
(b) If you are the legal guardian for a minor whom you are authorizing to use the Sites, you must agree to these terms to form a binding contract. If you provide any untruthful or incomplete information, or if AskADoc reasonably suspects such, AskADoc may suspend or terminate your account and Registration and refuse your future use of the Content or the Medical Services.
(c) You are solely responsible for your own account activity and agree to maintain your own secure password and not use anyone other person’s password or login credentials. You further agree not to share or sell your password or login, and to notify us if you suspect unauthorized use of your account.
(d) Corporate entities are not eligible for Registration or membership. Medical Services and Content are for personal use only and shall not be used for commercial endeavors unless expressly consented to in writing by AskADoc.
(e) If you no longer wish to be a User, you can't terminate your account on your profile page.
(f) Please immediately alert AskADoc to any unauthorized use of your account, password, username, email, or other breaches of security at email. You will be connected to our Customer Support Manager for assistance.
5. Express Consent to Billing Methods
(a) Registered Users agree to submit payment through AskADoc’s chosen processor. Registered Users further acknowledge and consent to AskADoc’s storage of any credit card or other payment method to submit payments.
(b) We offer different subscription options that you can choose, including billing that can occur monthly or yearly. Any type of subscription you choose will continue and automatically renew until you cancel the membership. By choosing a recurring membership service, you acknowledge that such paid services have a recurring payment and you accept responsibility for all recurring charges before cancellation. Once you provide complete payment information and conclude the payment transaction, you will be charged for the subscription immediately, and access to our services will be granted immediately to be used by you. Your subscription/billing period will run from the date you pay, and you are given the entire duration of that billing cycle to use the services.
(c) You can cancel the subscription to the service at any time for any reason. Your membership must be cancelled before it renews in order to avoid the next billing cycle. For the further avoidance of any doubt, unless otherwise advised by AskADoc, any sessions unused within a billing cycle will not roll over or be eligible for use after that billing cycle concludes. All sessions expire within the applicable billing cycle.
(d) We reserve the right to change our subscription or adjust the prices of our services. Any changes to your membership services will only take effect following proper notice to you. While we do our best to avoid increasing prices unnecessarily, we may need to increase prices from time to time to accommodate inflation, increased operational costs and changes in market conditions. As always, you will have the opportunity to cancel your subscription at any time if these changes are not satisfactory to you.
(e) Free Trials: Occasionally, we offer free trials for our Medical Services. Once a free trial expires, the paid membership will commence following a notice to you.
6. Prohibited Countries
(a) The Medical Services provided are not available to Users who live in countries that are prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the United States.
7. Medical Services
(a) All concerns about your condition, diagnosis, care plan, or treatment should be directed to your Doctor.
(b) You may withdraw your consent at any time for Medical Services by alerting your Doctor. You are not eligible to receive Medical Services until after you register and provide your informed consent for services.
(c) AskADoc is not a pharmacy. You agree to use prescriptions obtained from Doctors for their intended and prescribed use. Requests for prescriptions are subject to the clinical judgment of the Doctor and may be refused if medically necessary.
8. Independence of Doctors
(a) The advice of any Doctor to Users is independently and exclusively the advice of the Doctor. Any information or opinion expressed by any Doctor listed on the Sites is independently and exclusively the information or opinion of the Doctor. AskADoc does not endorse any advice, opinion, course of treatment, products, medications, devices, or additional information that a Doctor on the Sites may give or recommend.
(b) All Doctors featured on the Sites are independent contractors of AskADoc. The Doctors are independently insured, and any issue, warranty, or claim by a User must be directly addressed to the respective Doctor.
(c) The Sites do not provide or render Medical Services. The Sites are digital platforms to connect Users seeking Medical Services with Doctors who offer such Medical Services and other educational tools and information. AskADoc is a conduit between Users and Doctors.
(d) A Doctor’s training, education, and experience determine the specific area of Medical Services that the Doctor is qualified to provide. The Medical Services are licensed services. Doctors have specialized training in different specialities consistent with AskADoc’s policies, procedures, and obligations to third parties. The Doctors alone are solely responsible for providing Medical Services in a way that is compliant with all Federal, State, and local laws.
9. Only Licensed Doctors Provide Medical Advice
(a) The Sites provide content for informational and educational purposes only. This includes the entirety of the Sites (including text, images, videos, and blogs), social media, and any information obtained from AskADoc’s licensors or third parties, and the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Medical Services. This information is collectively referred to as the Sites’ “Content.” The availability of Content to Users does not create a patient-provider relationship. Content does not include professional advice, including medical advice, provided by Doctors to Users, nor does it include information on third-party sites. Content is subject to revision at any time. Additionally, the views and opinions expressed in the Content do not necessarily reflect the official policy or position of AskADoc.
(b) Doctors are solely responsible for ensuring that Medical Services do not constitute the unlicensed practice of a licensed service in any jurisdiction in which AskADoc operates.
(c) Doctors alone determine whether a User is eligible for Medical Services. It is up to the User to determine whether using the Sites is an appropriate modality for their circumstances. Your Doctor can help you make this determination.
(d) If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with your Doctor or other provider.
10. Conduct
(a) You expressly agree not to deceive, harass, stalk, harm, or exploit any other Users; distribute spam; collect or record information about other Users; or advertise or solicit others to purchase any product or service on the Sites or any other AskADoc product or service. AskADoc reserves the right but does not have an obligation to monitor all conduct on the Sites.
(b) AskADoc may, in its sole discretion, investigate and terminate your membership for any violation of these Conditions of Use. You agree to cooperate fully in any such investigation. Termination of membership is immediate upon AskADoc’s findings of the following non-exhaustive list: you made a statement that implies an endorsement of AskADoc without its written consent; you used a robot, spider, or other manual or automatic device or process to retrieve, index, “data min,” or in any way reproduce or circumvent the navigational structure or presentation of Content; you posted, distributed, removed, or reproduced copyrighted material, trademarks, or other proprietary information without obtaining advanced written consent; you interfered with or disrupted the Sites, Content, or Medical Services, or the servers or networks that provide such Sites, Content, or Medical Services; you transmitted material that contains software viruses or other code, files, or programs designed to interrupt, destroy, or limit the functionality of the Sites, Content, Medical Services, hardware, software, or telecommunications equipment; you manipulated Content to disguise the origin of information; you used meta tags, codes, or other devices containing reference to Content, Sites, or Medical Services to direct persons to another website; or you modified, adapted, sublicensed, translated, sold, reverse engineered, deciphered, decompiled, or otherwise disassembled, or conspired to do so or enabled others to do so, to any portion of the Sites, Content, or Medical Services.
(c) After termination of your membership, whether voluntarily or by us, you agree that you will not attempt to use Sites, Content, or Medical Services under another name, real or assumed, and further agree that if you violate this restriction after being terminated, or if you violate any of these Conditions of Use during your membership, you will, to the fullest extent permitted by law, indemnify and hold AskADoc harmless from any liability it may incur as a result of such violation.
11. License Grant and Permitted Use
(a) Unless otherwise expressly stated, AskADoc or its licensors or affiliates own the Sites and Content. The United States, worldwide copyright laws, and treaty provisions protect the Site. To access the Sites, you must reside in the United States or one of its territories.
(b) So long as you comply with these Conditions of Use, and subject to the Conditions of Use, AskADoc hereby grants you a limited, personal, non-exclusive and non-transferable license to use the Sites for as long as your Registration remains active (collectively referred to as “License Grant”).
12. Acceptable Use
(a) You acknowledge and agree that AskADoc (i) is the exclusive owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Site, regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any and all modifications, customization, variations, or adaptations of the Sites based on or substantially similar to the Site.
(b) You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Sites by you will be per the terms of these Conditions of Use and will be made and used solely for proper and legal purposes and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
(c) Comments on the Sites are the sole responsibility of the writer. We reserve the right to remove any comment that violates these Conditions of Use.
(d) Use of the Sites is subject to all terms and conditions of these Conditions of Use, including AskADoc’s acceptable use policies. You shall not (i) use, permit the use of, or permit access the Sites except by the terms of these Conditions of Use; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Site; (iii) engage in, permit or suffer to continue any unauthorized copying of the Site; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Site, or make any attempt to do so; (v) alter, remove, obscure or hinder the delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Site; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use the Sites by any other User; or (vii) take any action compromising, or that has the potential of compromising, AskADoc’s rights in the Site.
13. Consent to Electronic Communications
(a) By using the Platform, you consent to your sessions being conducted remotely, and/or through electronic communications, including through the Platform and through online messaging, chat, audio, or video, as applicable. You consent to other aspects of telehealth including but not limited to electronic transmission of medical records. You understand that there are inherent risks and benefits to telehealth. Before participating in each session, if required under law or by AskADoc, you agree to accurately provide your location. You may withhold or withdraw consent to AskADoc at any time without affecting your right to future care or treatment.
(b) By providing AskADoc with your email address, you consent to receive unencrypted and unsecured email communication from us. You agree that any notices, agreements, disclosures, or other communications that AskADoc provides to you by email satisfy any legal communication requirements.
(c) Any link sent to you for Medical Services should only be used by the User for Medical Services and non-commercial purposes. Public distribution of your link on sites where you are not the primary owner, including but not limited to Wikipedia or coupon websites, is expressly prohibited. Promoting your referral link via search engine marketing, including but not limited to AdWords, Yahoo, or Bing, is also expressly prohibited. AskADoc may suspend your membership, registration, and account and revoke all referral credits if it was earned in violation of these terms.
(d) Your consent to conduct actions electronically covers all interactions between you and AskADoc. If you later decide that you do not want to receive certain future communications electronically, please contact us via the contact information listed below. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from AskADoc. These communications include notifications of updates to these Terms and Conditions or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms and Conditions. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. You understand that opting out of receiving communication may impact your access to Sites, Content, and Medical Services.
(e) You agree that AskADoc, and/or the Doctors, may contact you regarding the Doctors' Services or any related services that you inquire about through our website. You consent to receive such communications electronically, including appointment reminders, confirmation emails, questions about scheduling or services, and health team communications, updates to these Terms and Conditions, the Privacy Policy, or the Notice of Privacy Practices.
14. Security and Privacy
(a) AskADoc utilizes encryption methods for Medical Services and Secure Sockets Layer (SSL) protocol for financial transactions.
(b) The Sites incorporates a mechanism for verifying the identity of Users by asking for a formal identification number, such as date of birth, driver’s license, or other satisfactory evidence. Though Users may choose to utilize a username for participation on the Site, they must offer, at minimum, their full first and last name, home address, and a phone number to confirm identity. Any and all sensitive information stored in AskADoc database will be safe and protected by our platform. AskADoc cannot guarantee service will be uninterrupted, timely, or secure.
(c) AskADoc makes every effort to comply with all applicable laws that concern the privacy of online communications. By using the Site, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.
(d) As a matter of prudence, you are urged to assume that all internet communications are not secure. and exercise caution when sharing information about your health. To learn more about how AskADoc maintains the privacy and security of its Users, please ask us.
(e) As a User, you must exercise good judgment and caution in your use of the Medical Services. You are strictly prohibited from violating or attempting to violate the security of the Medical Services. Any violations may result in criminal, civil or other penalties against you. We may investigate any suspected violations and cooperate with law enforcement agencies in their investigations of such violations. You represent and warrant that you shall not engage in activities that may infringe on the security of the Medical Services.
To learn more about how we maintain the privacy and security of our Website visitors, please read the Privacy Policy.
15. Information You Provide
(a) AskADoc has the right, but not the duty, to monitor your use of the Site, including any information you provide. Any information you send to AskADoc by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.
(b) The Sites provide you with the option to communicate with AskADoc through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that AskADoc is not responsible for the privacy of any email messages. AskADoc does not warrant the confidentiality or security of any email transmission.
(c) If you have questions about our Sites’ privacy policy, please access our Privacy Policy located on our Sites, which is incorporated by reference into these Conditions of Use. We may use comments you choose to share about our Sites and Content for marketing purposes unless otherwise indicated. Any feedback you provide about your experience with AskADoc is voluntary and optional.
(d) You are responsible for all information you send through the Site. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. AskADoc may edit, delete, modify, or ban such information, and take necessary legal action against any User for violation of this policy. Membership may be revoked at any time in the sole discretion of AskADoc.
16. Submissions of Information
(a) Do not send AskADoc any ideas, suggestions, materials, concepts, or other information (collectively “Information”) on the Site. Information does not include information provided to Doctors during Medical Sessions. If you violate this policy and do send Information to AskADoc, that Information will become the property of AskADoc. This means that AskADoc will have unrestricted use of it for its personal and commercial purposes. AskADoc will not compensate you and will not be liable to you or any other provider of the Information.
(b) If you send Information to AskADoc, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to AskADoc; and (iv) that you have no recourse against AskADoc for any alleged or actual infringement or misappropriation of any proprietary right in any Information.
(c) AskADoc is not obligated to maintain the confidentiality of any Information submitted, and AskADoc disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.
(d) You further agree not to:
- Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
- Impose an unreasonably large amount of Information on the Sites or otherwise interfere with or inhibit any other User from using or enjoying the Site;
- Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;
- Access, use, or copy any portion of the Sites using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or
- Impersonate another person or allow any other person or entity to use your identification for interacting on AskADoc’s social media.
17. Intellectual Property
(a) Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Site, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory. AskADoc reserves all rights not expressly granted.
(b) Except as expressly set forth in these Conditions of Use, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in these Conditions of Use; or (iv) continue to use any Content after the termination of these Conditions of Use.
18. Operation of the Site
(a) AskADoc makes all reasonable efforts to keep the Sites operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. Notwithstanding such maintenance, the Sites offer 24/7 chat access to a care team.
(b) AskADoc, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) Medical Services will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the Sites are free from viruses or other harmful components.
(c) You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use of the Sites or Content.
(d) AskADoc may change, modify, add, remove, suspend, cancel, or discontinue any of its Sites, including the functionality, Content, and availability of any of their features in its sole discretion at any time consistent with these Conditions of Use. Your continued use of the Sites, Content, and Medical Services after any such change, modification, addition, removal, suspension, cancellation, or discontinued service demonstrates your consent to them.
19. Limitation of Liability
(a) You assume the risk of participating in our Medical Services. You further acknowledge that Doctors are independent contractors of AskADoc and that AskADoc assumes no responsibility for any act or omission of any Doctor. We encourage you to do your own research.
(b) You acknowledge that, though a Doctor may be for AskADoc, AskADoc cannot predict or assess the utility or effectiveness of Medical Services rendered by a Doctor for your particular circumstances.
(c) Under no circumstances will AskADoc, their employees, officers, directors, shareholders, or agents be held liable for any indirect, consequential, or punitive damages relative to the Medical Services provided by any of the doctors accessed through the Site. Notwithstanding anything in these Conditions of Use, AskADoc’s total liability to you for any reason is limited to the amount paid, if any, by you to AskADoc during the term of your membership.
(d) ALL INFORMATION IN THE SITES AND CONTENT IS PROVIDED “AS IS.” ACCORDINGLY, ASKADOC MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT, MEDICAL SERVICES, OR THE SITES OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, ASKADOC DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ASKADOC GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE SITES, THE CONTENT, MEDICAL SERVICES, OR OF ANY LINKED WEBSITE.
(e) By using the Site, you signify that you assume the risk of accessing and using the Content. We do not guarantee the accuracy of the information provided on the Sites and are not responsible for any errors or omissions in the information provided.
(f) AskADoc is not responsible for Users’ damage or loss. You agree that AskADoc is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Sites or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Sites or their contents. AskADoc is not responsible, regardless of whether AskADoc has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against AskADoc is to stop using the Site.
20. No Warranty or Guarantee of Outcome
(a) AskADoc has made efforts to provide accurate Content about the Medical Services. But any testimonial or example on the Sites does not guarantee that you will receive similar results. Your results will depend on your background, effort, personal circumstances, and many other factors that are beyond the scope of the Site, the Content, or the Medical Services.
(b) ASKADOC MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC RESULT. FURTHER, ASKADOC MAKES NO GUARANTEE AND NO WARRANTY THAT THE SITES WILL OPERATE UNINTERRUPTED AND ERROR-FREE.
21. Indemnification for Your Use of the Sites, Content, and Medical Services
(a) Neither AskADoc, nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees, or agents will be liable for any damages, including, but not limited to, indirect, incidental, consequential, special, exemplary, or punitive damages. In no event shall AskADoc nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees or agents will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of the Site. Your sole and exclusive remedy for dissatisfaction with Sites, Content, or Medical Services is to stop using the Sites and receiving Medical Services. AskADoc provides no indemnification of any kind. You may withdraw your consent to Medical Services at any time.
(b) By using the Sites, you agree to indemnify AskADoc from any suit or proceeding made or brought against AskADoc by a third-party for claims that relate to your use of any portion of the Site, the Content, or Medical Services, your failure to comply with applicable law, your breach of these Conditions of Use, or your breach of any representations and warranties provided to us.
22. Links to Third-Party Websites
(a) AskADoc may provide links to third-party websites. The Sites occasionally provide links to third-party websites. By clicking on these links, you agree that AskADoc is not responsible for and does not control any information on these websites. Third-party websites are unrelated to and not maintained by AskADoc.
(b) By clicking on such links, you agree that AskADoc is not responsible for third-party websites’ content, regardless of whether your access is provided by AskADoc or by another third party. AskADoc does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.
(c) By providing a link to a third-party website, AskADoc does not endorse the products or services of that linked website, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider and not AskADoc.
(d) Third-party websites may provide links to AskADoc. AskADoc hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among Users with respect to sponsorship or affiliation.
23. No Assignment
(a) The Conditions of Use, licenses, and Registrations may not be transferred or assigned by you but may be assigned by us without restriction.
24. Applicable Law and Enforcement of Conditions of Use
(a) The laws of the state of California, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these Conditions of Use. If a website visitor or User takes legal action against us relating to the Site’s privacy policies, the federal and state privacy policies of AskADoc, or these Conditions of Use or relating to the visitor’s or User’s interactions with or relationship to AskADoc relating to the Site, that visitor or User agrees to file such action only in the state and federal courts located in California.
(b) By using the Sites, you agree that: (i) if any provision of these Conditions of Use is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Conditions of Use will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
(c) No waiver of any of these Conditions of Use shall be effective unless it is in writing and signed by the authorized representatives of AskADoc. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.
(d) These Conditions of Use constitute the entire agreement between you and AskADoc as it relates to your use of the Site. It does not create any relationship between you and AskADoc that is not contemplated in these policies.
25. Arbitration
(a) Arbitration offers a faster, less expensive, and more efficient method of resolving disputes than resorting to the court system. AskADoc has therefore adopted, and the User agrees to adopt, arbitration as its preferred means of resolving disputes arising out of or relating to these Conditions of Use or the subject matter of these Conditions of Use, or any breach of these Conditions of Use, including any dispute regarding the scope of this clause. Judgment on the award may be entered and enforced in any court having jurisdiction. The arbitrator selected shall have the authority to grant the User of AskADoc or both all remedies otherwise available by law. The parties understand they are waiving their right to a jury trial in favor of arbitration.
(b) This provision does not include any claims that User cannot be required to arbitrate as a matter of law or any matters required to be brought before an administrative forum. These Conditions of Use do not preclude the User from filing a claim or charge with a governmental administrative agency.
(c) This agreement to arbitrate disputes does not prohibit the User or AskADoc’s right to seek equitable relief from a court, including but not limited to injunctive relief, pending the resolution of a dispute by arbitration.
26. No Third Party Beneficiaries
(a) Except as otherwise expressly provided in the Conditions of Use, no person that is not a party to the Conditions of Use will be a third-party beneficiary of any rights or obligations or be entitled to enforce any rights or obligations.
27. Amendments and Modifications
(a) AskADoc may amend, modify, or update these Conditions of Use, the Content, or the Medical Services at any time without prior notice. If you use the Sites after any changes, you agree to be bound by the changes. These Conditions of Use and consent forms for Medical Services reflect the sole agreement between the Users and AskADoc. These Conditions of Use may be electronically signed. Electronic signatures have the same force and effect as handwritten signatures.
28. Enforcement of Terms and Conditions.
(a) Treatment of unenforceable provisions.
By using this Website, you agree that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these Terms and Conditions will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
(b) Validity of waivers of these Terms and Conditions.
Any waiver of these Terms and Conditions or our Privacy Policy is valid only if it is in writing and signed by a principal of AskADoc. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.
(c) Entirety of the agreement between visitors and AskADoc.
These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and AskADoc relating to this Website. However, they do not create any relationship between you and AskADoc beyond what is contemplated in these policies.