Terms of Service
DATE OF LAST UPDATE: __10/31/2017_______
The OpinionPlus (the mobile ‘App’ and also the web app) will provide the ability for the users to request various clinical assessments easily from qualified clinicians across the world. We are aiming to create global collaboration between patient users and clinicians across the world. We have seen applications targeting local users with local clinicians which has its own benefit. However, there are practicing clinicians with years of experience in other countries who wants to make healthcare more affordable and accessible. Our app would provide the ability for individuals to communicate with clinicians from other countries in the world for the purpose of improving their health. Some of the special features would include: Connection with clinicians across the globe – this will be a unique feature because currently, patients are only being consulted by local doctors. Be a part of the healthcare community seeking best advice from clinical practitioners. Referrals made by international doctors and connect with some of the best local doctors. Be able to access Lab, Radiology, and MRI centers in order to obtain first hand reports; and Be able to discuss their reports with clinicians via chat, audio and/or video.
These Terms of Service (“Terms”) govern your use of the OpinionPlus on computer and mobile device application, our websites, including www.opinionplus.com, and other OpinionPlus services (collectively, the “OpinionPlus Service”).
In order to create a OpinionPlus account or use the OpinionPlus Service you must accept these Terms. If you do not have an account, you accept these Terms by visiting www.opinionplus.com or using any part of the OpinionPlus Service.
These Terms May Change
We reserve the right to change these Terms at any time. Should we make material changes to these Terms that have a materially change your rights we will endeavor to contact our account holders via email to inform them of such change. By using your OpinionPlus account or the OpinionPlus Service, you are agreeing that you accept the modified Terms.
Who Can Use OpinionPlus App?
You may use the OpinionPlus if you are over 18 years of age and are not barred from receiving services under applicable law. You may connect to the OpinionPlus using a smart phone device or a computer that has access to the internet.
Creating an Account
Full use of the OpinionPlus and Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. OpinionPlus is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the OpinionPlus Service. These communications are part of the OpinionPlus Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the OpinionPlus Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the OpinionPlus Service and it is your responsibility to ensure the equipment’s functionality.
Posting Your Content On The OpinionPlus Service
You may post photos, comments, and other content (“Your Content”) to the OpinionPlus Service. You retain all rights to Your Content that you post to the OpinionPlus Service. By making Your Content available on or through the OpinionPlus Service you grant to OpinionPlus a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the OpinionPlus Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the OpinionPlus Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
Do not post profane or explicit content.
Do not post profile pictures that might be considered inappropriate.
Do not post communications that could be interpreted as threatening or harassing.
Do not post, advertise, or promote products or services commercially.
“OpinionPlus Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the OpinionPlus Service to you. Except for Your Content, OpinionPlus Content, the OpinionPlus Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of India, the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the OpinionPlus Service.
What You Can Do On The OpinionPlus Service
The OpinionPlus Service is intended for your personal, non-commercial use.
OpinionPlus grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the OpinionPlus Content, (2) access and use the software and mobile applications provided by the OpinionPlus Service, and (3) use the software that is embedded into OpinionPlus products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the OpinionPlus Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the OpinionPlus Content, OpinionPlus Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OpinionPlus or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The OpinionPlus Service
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the OpinionPlus Service: (1) use, display, mirror or frame the OpinionPlus Service or any individual element within the OpinionPlus Service, OpinionPlus’s name, any OpinionPlus trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OpinionPlus’s express written consent; (2) access or tamper with non-public areas of the OpinionPlus Service, OpinionPlus’s computer systems, or the technical delivery systems of OpinionPlus’s providers; (3) test the vulnerability of any OpinionPlus system or breach any security or authentication measures; (4) circumvent any technological measure implemented by OpinionPlus or any of OpinionPlus’s providers or any other third party (including another user) to protect the OpinionPlus Service or OpinionPlus Content; (5) access the OpinionPlus Service or OpinionPlus Content through the use of any mechanism other than through the use of an Authorized Connection, OpinionPlus Service or OpinionPlus API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that OpinionPlus provides to you or any other part of the OpinionPlus Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the OpinionPlus Service, OpinionPlus Content, or Your Content or to review or edit any OpinionPlus Content or Your Content, but we have the right to do so for the purpose of operating the OpinionPlus Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the OpinionPlus Service, any OpinionPlus Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the OpinionPlus Content, Your Content, or your use of the OpinionPlus Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the OpinionPlus Service.
Use The OpinionPlus Service At Your Own Risk
Our goal is to provide helpful and accurate information on the OpinionPlus Service, but we make no endorsement, representation or warranty of any kind about any OpinionPlus Content, information, services or recommendations. The accuracy of the data collected and presented through the OpinionPlus Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the OpinionPlus Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any OpinionPlus Content or the OpinionPlus Service, you do so solely at your own risk.
Consult Your Doctor Before Using The OpinionPlus Service
The OpinionPlus Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the OpinionPlus Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the OpinionPlus Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the OpinionPlus Service. If you engage in any exercise program and/or suggestions, you receive or learn about through the OpinionPlus Service you agree that you do so at your own risk and are voluntarily participating in these activities. OpinionPlus app or its services is not a substitute for direct medical care. The users must consult a trained physician or specialist to diagnose the health condition and take appropriate care from their physician or specialist.
Use Common Sense
Use of the OpinionPlus Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your OpinionPlus product or service.
OpinionPlus respects copyright law and expects its users to do the same. It is OpinionPlus’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders. Please see OpinionPlus’s DMCA/Copyright Policy.
Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by OpinionPlus, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
Terms Specifically Related to Our Premium OpinionPlus Membership
Additional terms and conditions apply to the Premium OpinionPlus membership when it is available.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by OpinionPlus and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the OpinionPlus Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On The OpinionPlus Service
The OpinionPlus Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under OpinionPlus’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
OpinionPlus Does Not Control Third-Party Services That You Link With Your OpinionPlus Account
Changes To The OpinionPlus Service
OpinionPlus may change or discontinue, temporarily or permanently, any feature or component of the OpinionPlus Service at any time without notice. OpinionPlus is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the OpinionPlus Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by OpinionPlus products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the OpinionPlus Service or your account, the following provisions of these Terms will survive: Posting Your Content On The OpinionPlus Service; OpinionPlus’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The OpinionPlus Application or Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE OPINIONPLUS SERVICE AND OPINIONPLUS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the OpinionPlus Service or OpinionPlus Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the OpinionPlus Service or any OpinionPlus Content. You acknowledge and agree that if you rely on any OpinionPlus Content or the OpinionPlus Service, you do so solely at your own risk.
You will indemnify and hold harmless OpinionPlus and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the OpinionPlus Service, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER OPINIONPLUS, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE OPINIONPLUS SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE OPINIONPLUS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OPINIONPLUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OPINIONPLUS’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE OPINIONPLUS SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO OPINIONPLUS FOR USE OF THE OPINIONPLUS SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OPINIONPLUS, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OPINIONPLUS AND YOU.
You agree that any dispute between you and OpinionPlus arising out of or relating to these Terms of Service, the OpinionPlus Service, or any other OpinionPlus products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against OpinionPlus, you agree to try to resolve the Dispute informally by contacting support@OpinionPlus.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or OpinionPlus may bring a formal proceeding.
We Both Agree To Arbitrate: You and OpinionPlus agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting legal@OpinionPlus.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, New York City, New York, USA, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. OpinionPlus will pay all arbitration fees for claims less than $75,000. OpinionPlus will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or OpinionPlus may assert claims, if they qualify, in small claims court in Tennessee (TN) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the OpinionPlus products or OpinionPlus Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with OpinionPlus on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and OpinionPlus agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Nashville City, Tennessee, USA. Both you and OpinionPlus consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the OpinionPlus products or OpinionPlus Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between OpinionPlus and you regarding the OpinionPlus Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OpinionPlus and you regarding the OpinionPlus Service and OpinionPlus Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without OpinionPlus’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. OpinionPlus may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by OpinionPlus under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the OpinionPlus Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
OpinionPlus’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of OpinionPlus. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.