Terms of Service

drcbetter.com Terms of service

 

Inclusion in this website does not constitute an endorsement by us of the companies, products, or services listed.

www.drcbetter.com© assumes no responsibility for errors or omissions in materials presented. These materials are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. www.drcbetter.com© further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials.

www.drcbetter.com© shall not be liable for any damages whatsoever, including but not limited to direct, indirect, special, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of these materials.

drcbetter.com. (“drcbetter ” or “we”) operates drcbetter.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by drcbetter.com include any drcbetter.com -branded URL (the ” drcbetter.com Website”), the drcbetter.com instant messaging service, the drcbetter.com application developer service and other features (for example, music and video embedded players), drcbetter.com mobile services, and any other features, content, or applications offered from time to time by drcbetter.com in connection with drcbetter.com’s business (collectively, the ” drcbetter.com Services”). The drcbetter.com Services can be hosted in different places in the world at any given time.

The material contained on drcbetter.com and on the associated products are for educational use only. The authors and owners of the web site shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the information contained on this web site or the related material sold through this web site.

Any individual interested in using the mentioned material should consult a medical doctor prior to starting the use of any of the given material on this web site or sold through it.

Much of this web site and the related products contain information based on the experience and research of the author who do not claim that each article of information has been empirically studied or proven. To do so would preclude sharing this valuable information with you.

 

 

Not medico-legal advice

This Web Site was established by drcbetter.com to provide the public with convenient access to general information regarding drcbetter.com. The information on the Web Site is for informational purposes only, it is not intended as an interactive forum and it is not professional legal or medico-legal advice nor is it intended to be a substitute therefore. You should not use any information contained on the Web Site as a substitute for consultation with legal professionals or other professional advisors. You should not act or abstain from acting based upon information obtained from the Web Site without first consulting appropriate professional advisors.

Notice to the public

drcbetter.com does not wish to use this Web Site as an interactive forum of exchange with the public with regard to questions or issues of a medico-legal nature. Unsolicited e-mail communications regarding such matters will not be responded to and will be discarded unread.

 

 

 

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for the use of the drcbetter.com Services. By using the drcbetter.com Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the drcbetter.com Website, including through a mobile device, or otherwise use the drcbetter.com Services without being registered) or you are a “Member” (which means that you have registered with drcbetter.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the drcbetter.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the drcbetter.com Website and its related websites and discontinue use of the drcbetter.com Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the drcbetter.com Services, you must read this Agreement and indicate your acceptance during the registration process.


Acceptance

It is important that you read the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and drcbetter.com, the owner and operator of this Web Site (the “Web Site”). It states the terms and conditions under which you may access and use the Web Site and all written and other materials displayed or made available through the Web Site, including, without limitation, text, images, computer software and code (the “Content”). By accessing and using the Web Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement, including without limitation the Privacy Notice set out below. If you do not accept these terms and conditions, you must not access or use the Web Site. drcbetter.com may revise this Agreement at any time by updating this posting. Use of the Web Site after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

 

DISCLAIMER OF WARRANTIES

The Web Site and the Content is provided “AS IS” and “AS AVAILABLE” without representation, warranty or condition of any kind, expressed or implied. While drcbetter.com tries to provide information that is correct, accurate, current and timely, drcbetter.com makes no representations, warranties or covenants, express or implied, regarding the Web Site and the Content including, without limitation, no representation, warranty or covenant that (i) the Web Site or Content will always be accurate, complete, current, reliable, or timely, (ii) that the operation of the Web Site will always be uninterrupted or error-free, (iii) that defects or errors in the Web Site or the Content, be it human or computer errors, will be corrected, (iv) that the Web Site will be free from viruses or harmful components, and (v) that communications to or from the Web Site will be secure and/or not intercepted.

To the maximum extent permitted by law, drcbetter.com disclaims all representations and warranties, express or implied, or arising by course of action.

This Agreement includes drcbetter.com ‘s policy for acceptable use of the drcbetter.com Services and Content (as defined below) posted on or through the drcbetter.com Services and your rights, obligations and restrictions regarding your use of the drcbetter.com Services and Material posted on or through the drcbetter.com Services. In order to participate in certain drcbetter.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from drcbetter.com. Unless otherwise provided by the additional terms and conditions applicable to the drcbetter.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

drcbetter.com may modify this Agreement from time to time and such modification shall be effective upon posting by drcbetter.com on the drcbetter.com Website. Your continued use of the drcbetter.com Services after drcbetter.com posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are agreeing with any and all changes.

 

Please choose carefully the information you post on or through the drcbetter.com Services and that you provide to other Users. Your drcbetter.com profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other drcbetter.com Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and drcbetter.com assumes no responsibility or liability for this material. If you become aware of misuse of the drcbetter.com Services by any person, please click on the “Contact drcbetter.com” or the “Report Abuse” link at the bottom of the drcbetter.com Website pages.

 

drcbetter.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the drcbetter.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. drcbetter.com expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the drcbetter.com Services if drcbetter.com determines, in its sole discretion, that you have violated this Agreement or pose a threat to drcbetter.com and/or its Users.

 

Membership. Use of the drcbetter.com Services and registration to be a Member for the drcbetter.com Services (“Membership”) is void where prohibited. By using the drcbetter.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the drcbetter.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

Use by Members. The drcbetter.com Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by drcbetter.com. drcbetter.com reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the drcbetter.com Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the drcbetter.com Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. drcbetter.com reserves the right to take appropriate legal action for any illegal or unauthorized use of the drcbetter.com Services.

CostsYou acknowledge that drcbetter.com reserves the right to charge for any portion of the drcbetter.com Services and to change its costs (if any) from time to time in its discretion. If drcbetter.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of costs or payments (if any).

Duration This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the drcbetter.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. drcbetter.com may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.

Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify drcbetter.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Copyright and Proprietary Rights in material on drcbetter.com .

 

drcbetter.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “material”) that you post on or through the drcbetter.com Services. After posting your Content to the drcbetter.com Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Materialon or through the drcbetter.com Services, you hereby grant to drcbetter.com a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the drcbetter.com Services, including without limitation distributing part or all of the drcbetter.com Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the drcbetter.com Website. This limited license does not grant drcbetter.com the right to sell or otherwise distribute your Content outside of the drcbetter.com Services. After you remove your Content from the drcbetter.com Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the drcbetter.com Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the drcbetter.com Website as soon as practicable after you make the change.
Any member who wishes to remove his own Material from drcbetter.com is responsible to do so by deleting it from the site.

The license you grant to drcbetter.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to drcbetter.com), fully-paid and royalty-free (meaning that drcbetter.com is not required to pay you for the use on the drcbetter.com Services of the Material that you post), sublicensable (so that drcbetter.com is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the drcbetter.com Services), and worldwide (because the Internet and the drcbetter.com Services are global in reach).

 

You represent and warrant that: (i) you own the Material posted by you on or through the drcbetter.com Services or otherwise have the right to grant the license set forth in this Section the posting of your Content on or through the drcbetter.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the drcbetter.com Services.

 

The drcbetter.com Services contain Material of drcbetter.com (“drcbetter.com Content”). drcbetter.com Material is protected by copyright, trademark, patent, trade secret and other laws, and drcbetter.com owns and retains all rights in the drcbetter.com Content and the drcbetter.com Services.

The drcbetter.com Services contain Content of Users and other drcbetter.com licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Material appearing on or through the drcbetter.com Services.

 

drcbetter.com performs technical functions necessary to offer the drcbetter.com Services, including but not limited to transcoding and/or reformatting Material to allow its use throughout the drcbetter.com Services.

 

Material Posted

drcbetter.com may reject, refuse to post or delete any Material for any or no reason, including Material that in the sole judgment of drcbetter.com violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. drcbetter.com assumes no responsibility for monitoring the drcbetter.com Services for inappropriate Content or conduct. If at any time MySpace chooses, in its sole discretion, to monitor the drcbetter.com Services, drcbetter.com nonetheless assumes no responsibility for the Material, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any suchMaterial.

 

You are solely responsible for the Content that you post on or through any of the drcbetter.com Services, and any material or information that you transmit to other Members and for your interactions with other Users.

Material/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the drcbetter.com Services. drcbetter.com reserves the right to investigate and take appropriate legal action against anyone who, in drcbetter.com ‘s sole discretion, violates this provision, including without limitation, removing the offending Content from the drcbetter.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of drcbetter.com:  is patently offensive and promotes racism, bigotry, hatred or physical violence of any kind against any group or person;         harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; contains inappropriate nudity excessive violence, or offensive subject matter or contains a link to an adult website;      solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person or group ;       constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);     furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without prior written consent from drcbetter.com such as contests, sweepstakes, barter, advertising, or pyramid schemes; Any external link to another website must be accepted by drcbetter.com before being posted;includes a photograph or video of another person that you have posted without that person’s consent;for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

 

The following are examples (but not limited to) of the kind of activity that is illegal or prohibited on the drcbetter.com Website and through your use of the drcbetter.com Services. drcbetter.com reserves the right to investigate and take appropriate legal action against anyone who, in drcbetter.com ‘s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

 

criminal or illegal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

 

advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the drcbetter.com Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, drcbetter.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which drcbetter.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the drcbetter.com Services, you acknowledge that you will have caused substantial harm to drcbetter.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay drcbetter.com $50 for each such unsolicited email or other unauthorized commercial communication you send through the drcbetter.com Services;

any profile or communication created at drcbetter.com in the sole purpose of sending blatant flirting or bothering other people with exaggerated love declarations will be deleted immediately

circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the drcbetter.com Services;    activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;     covering or obscuring the banner advertisements on your personal profile page, or any drcbetter.com page via HTML/CSS or any other means; any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;    interfering with, disrupting, or creating an undue burden on the drcbetter.com Services or the networks or services connected to the drcbetter.com Services;
impersonating or attempting to impersonate another Member, person or entity;
for band, comedy, filmmaker and other profiles containing a drcbetter.com player, copying the code for your drcbetter.com Player and embedding it
(or directing others to embed it) anywhere other than your band profile on drcbetter.com;     using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the drcbetter.com Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

 

displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the drcbetter.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose; or

 

using the drcbetter.com Services in a manner inconsistent with any and all applicable laws and regulations.

Termination

drcbetter.com may, in its sole discretion, terminate or suspend your right to use the Web Site, or any part of the Web Site, at any time without notice. In the event of such termination, or suspension, you are no longer authorized to access, view or use the Web Site, or the part of the Web Site affected by such termination or suspension. The restrictions imposed on you with respect to material downloaded from the Web Site, the disclaimers and the limitation of liability set forth in this Agreement, shall survive termination or suspension of this Agreement for any cause. drcbetter.com shall not be liable to you or any other party for such termination or suspension.

 

 

Protecting Copyrights and Other Intellectual Property. drcbetter.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. drcbetter.com has the right to terminate the Membership of infringers.

 

If you believe your work has been copied and posted on or through the drcbetter.com Services in a way that constitutes copyright infringement, please send drcbetter.com’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the drcbetter.com Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.

Member Disputes. You are solely responsible for your interactions with other drcbetter.com Members. drcbetter.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

Privacy. Use of the drcbetter.com Services is also governed by our Privacy Policy which can be found on the drcbetter.com site. By using the drcbetter.com, you are agreeing to our Privacy Policy.

Disclaimers. drcbetter.com is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the drcbetter.com Services, whether caused by Users of the drcbetter.com Services or by any of the equipment or programming associated with or utilized in the drcbetter.com Services and such User Content does not necessarily reflect the opinions or policies of drcbetter.com. Profiles and third party applications created and posted by Members on the drcbetter.com Website may not contain links to other websites. drcbetter.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by drcbetter.com. Inclusion of any linked website on the drcbetter.com Services does not imply approval or endorsement of the linked website by drcbetter.com. When you access these third party sites, you do so at your own risk. drcbetter.com takes no responsibility for third party advertisements or third party applications that are posted on or through the drcbetter.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. drcbetter.com is not responsible for the conduct, whether online or offline, of any User of the drcbetter.com Services. drcbetter.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. drcbetter.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the drcbetter.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the drcbetter.com Services. Under no circumstances shall drcbetter.com be responsible for any loss or damage, including personal injury or death, resulting from use of the drcbetter.com Services, attendance at a drcbetter.com event, from any User Content posted on or through the drcbetter.com Services, or from the conduct of any Users of the drcbetter.com Services, whether online or offline. The drcbetter.com Services are provided “AS-IS” and as available and drcbetter.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. drcbetter.com cannot guarantee and does not promise any specific results from use of the drcbetter.com Services.

13. Limitation on Liability. IN NO EVENT SHALL drcbetter.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE drcbetter.com SERVICES, EVEN IF drcbetter.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, drcbetter.com S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO drcbetter.com FOR THE drcbetter.com SERVICES DURING THE TERM OF MEMBERSHIP.

Export Controls. Software available in connection with the drcbetter.com Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the drcbetter.com Services or otherwise exported or re-exported in violation of export laws. Downloading or using the Software is at your sole risk.

Disputes EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

 

Indemnity. You agree to indemnify and hold drcbetter.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the drcbetter.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the drcbetter.com Services causes drcbetter.com to be liable to another.

Other. This Agreement is accepted upon your use of the drcbetter.com Website or any of the drcbetter.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the agreement between you and drcbetter.com regarding the use of the drcbetter.com Services. The failure of drcbetter.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. drcbetter.com is a trademark of drcbetter.com. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

LIMITATION OF LIABILITY

In no event shall drcbetter.com , its officers, Council members, employees, agents, licensors, suppliers 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 incurred in connection with your use, misuse or reliance upon the Web Site or its derived products, or your inability to use the Web Site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if drcbetter.com knew of or ought to have known of the possibility of such damages.

You acknowledge and agree that your access to and use of the Web Site and the Content is entirely at your own risk and liability.

Use of the Web Site

drcbetter.com authorizes you to access and use the Web Site for your personal non-commercial use in accordance with the terms and conditions of this Agreement.

Copyright

The drcbetter.com Web Site and the Content are protected by copyright and other intellectual property laws and is owned by the drcbetter.com 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, publication, distribution, republication, or other exploitation of the Web Site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the drcbetter.com .

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 Web Site and the Content for your personal, non-commercial use.

 

Trade-marks

drcbetter.com are trade-marks of the drcbetter.com. Other names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Web Site may constitute registered or unregistered trade-marks of the drcbetter.com or third parties. While certain trade-marks of third parties may be used by the drcbetter.com under license, the display of third-party trade-marks on the Web Site should not be taken to imply any relationship or license between the drcbetter.com and the owner of the trade-mark or to imply that the drcbetter.com endorses the wares, services or business of the owner of the said trade-mark.

Linking

The Web Site may contain links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the drcbetter.com of any third-party Web site or the content thereof. drcbetter.com is not responsible for the content of any third-party Web site, nor does it make any representation, warranty or covenant of any kind regarding any third-party Web site including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party Web sites, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Web sites or material, content, software, goods, or services located at or made available through such third-party Web sites, or (iii) any representation, warranty or covenant that the operation of such third-party Web sites will be uninterrupted or error free, that defects or errors in such third-party Web sites will be corrected, or that such third-party Web sites will be free from viruses or other harmful components.

While drcbetter.com encourages links to the Web Site, it does not wish to be linked to or from any third-party Web site 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 offence, 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 drcbetter.com , or (ii) any Web site 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, trade-mark or other proprietary rights. drcbetter.com reserves the right to prohibit or refuse to accept any link to the Web Site, 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 Web Site upon the request of the drcbetter.com .

Modification to the Web Site

drcbetter.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without written notice. You agree that the drcbetter.com shall not be liable to you or any third party for any modifications, suspension or discontinuance of the Web Site or any part thereof.

Downtime

You acknowledge that the Web Site and any part thereof may be periodically unavailable in order to allow for maintenance.

 

Unauthorized use

Unauthorized attempts to defeat or circumvent security features, to use drcbetter.com system for other than intended purposes, to deny service to authorized users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the system or its operation are not permitted. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of Canada, United States or such other jurisdictions as may apply.

Waiver

Any consent by drcbetter.com 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.

 

By using the site drcbetter.com and its derived material you admit that: YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.