Physician User Agreement
Welcome to 911.bg, Inc. ("Clinic112," "we" or "us") and to the Clinic112 physicians’ portal of Clinic112’ website (the "Site"). Clinic112 is in the business of, among other things, helping patients and consumers identify, select and communicate with physicians and providers of healthcare. Clinic112 collects data and other information from numerous sources, including physicians and their practices, to provide to patients and consumers.
When physicians, long-term care facilities and other providers of healthcare services (collectively, "Healthcare Providers") provide accurate, complete and updated information to us, we at Clinic112 are able to provide more accurate and complete information about the Healthcare Providers to potential patients and consumers, allowing such patients and consumers to make more informed decisions regarding the appropriate Healthcare Provider for their needs.
Within this portal, as well as through telephone, facsimile, e-mail or other means of communication with us (the “Portal”) , you have an opportunity to provide to us accurate, complete and current information about yourself and your practice (collectively, “ Physician-Provided Material”).
This Physician User Agreement ("Physician User Agreement"), as it might be revised from time to time, governs among other things (i) your access to and use of this Portal and its related products and services, (ii) your provision of any and all Physician-Provided Material to Clinic112 by any means and at any time after clicking “I Agree” and (iii) your receiving communications from us with respect to this Portal and related products and services and other Clinic112 products and services. This Physician User Agreement constitutes a binding agreement between you and Clinic112. PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE THIS PHYSICIAN USER AGREEMENT FROM TIME TO TIME. YOUR CONTINUED USE OF THIS PORTAL OR CONTINUED PROVISION OF PHYSICIAN-PROVIDED MATERIAL AFTER ANY SUCH CHANGE TAKES EFFECT WILL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO THE NEW PHYSICIAN USER AGREEMENT PLEASE READ THIS PHYSICIAN USER AGREEMENT CAREFULLY BEFORE USING THIS PORTAL OR SUBMITTING ANY PHYSICIAN-PROVIDED MATERIAL. BY CLICKING ON "I AGREE," OR BY USING THIS PORTAL OR PROVIDING PHYSICIAN-PROVIDED MATERIAL, YOU, ON BEHALF OF YOURSELF OR YOUR PRACTICE OR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT:
YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS PHYSICIAN USER AGREEMENT;
YOU EITHER ARE THE PHYSICIAN IDENTIFIED IN THE PROFILE ACCESSED THROUGH THIS PORTAL (THE “PROFILE”), OR ARE WORKING WITH THE EXPRESS AUTHORIZATION OF THE PHYSICIAN IDENTIFIED IN THE PROFILE;
(C) YOU OR YOUR PRACTICE OR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS PHYSICIAN USER AGREEMENT AND ACKNOWLEDGE THAT THIS PHYSICIAN USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN Clinic112 AND YOU OR YOUR PRACTICE OR ENTITY, AS APPLICABLE; AND
(D) IF USING THIS PORTAL ON BEHALF OF YOUR PRACTICE OR AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR PRACTICE OR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS PHYSICIAN USER AGREEMENT AND YOU HEREBY DO BIND YOUR PRACTICE OR ENTITY.
IF YOU OR YOUR PRACTICE OR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, THEN DO NOT SELECT THE 'I AGREE' BUTTON ASSOCIATED WITH THIS PHYSICIAN USER AGREEMENT AND DO NOT ACCESS OR USE OUR PORTAL OR PROVIDE ANY PHYSICIAN-PROVIDED MATERIAL TO US. Clinic112 DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS OR USE THIS PORTAL OR THE RELATED PRODUCTS OR SERVICES.
2. No Referrals or Recommendations
Clinic112 neither acts as a referral service nor recommends or endorses any particular Healthcare Provider. Rather, Clinic112 acts as an intermediary that provides selected information about Healthcare Providers. On its Site, Clinic112 makes available Ratings and other information, profiles and materials regarding Healthcare Providers.
You acknowledge and agree that if and when you access, browse or use any portion of the Site other than this Portal, or if you use other Site Materials, then such access, browsing or use is (i) separate from your activities in this Portal and your provision of any Physician-Provided Material, and (ii) subject to all terms and conditions of the separate Limited License and User Agreement.
3. Registering and Password Maintenance
If you wish to access and use this Portal, then you must choose a password and/or provide other security information during your completion of this Portal’s registration process. By registering, you represent, warrant and covenant that:
you are the physician identified in the Profile, or are expressly authorized to act on behalf of the physician identified in the Profile and are at least 18 years of age;
you are using your actual identity and you have provided only true, accurate, complete and current information about yourself and, if you are not the physician him- or herself, the physician during the registration process; and
you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may update your information at any time by logging into the Portal and clicking on "Account Log In."
By logging onto this Portal using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct therein. You are solely responsible for the confidentiality and use of your password and/or security information, as well as for any activities conducted on or through this Portal using your password and/or security information. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password and/or security information at any time and for any reason.
4. Your Information; the License You Grant; and Our Relationship
Upon clicking “I Agree,” you agree to each of the following:
You hereby grant to Clinic112 a perpetual, irrevocable, transferable, worldwide, royalty-free, unrestricted license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display and otherwise exploit, and allow others to engage in any and all of the foregoing, any and all Physician-Provided Material that is provided to Clinic112, which Physician-Provided Material might include, by way of illustration but not limitation, your name, a description of your background, a description of your practice, your practice philosophy and responses to patient comments (collectively, the “Materials License”);
You acknowledge that your Physician-Provided Material may be used without restriction for any purpose whatsoever, commercial or otherwise, without any compensation or obligation to you;
You represent that you own, or otherwise have sufficient rights and authorization in and to, all Physician-Provided Material such that you may grant to Clinic112 the Materials License granted above;
You acknowledge that Site users may rely upon the Physician-Provided Material when selecting a physician and you agree that all Physician-Provided Material that you or your practice or entity submit will be accurate, complete and not misleading in any respect;
You acknowledge that misrepresenting oneself as a physician is an offense that is covered by both state and federal laws and you agree to provide only true and accurate information regarding your identity and Healthcare Provider status;
You represent that any Physician-Provided Material submitted by you or your practice or entity will not contain any of the following material (“Proscribed Material”):
- material that is false, factually inaccurate or misleading;
- material that is defamatory, libelous, deceptive or fraudulent;
- material that violates any internal or foreign law or regulation, including without limitation any law or regulation governing advertising or testimonial;
- material that discriminates against, ridicules, harasses or disparages an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age or disability;
- material that violates any person’s privacy right
- material that infringes or violates any person’s copyright, trademark or other intellectual property right;
- material that is obscene or derogatory;
- material that promotes violence, firearms, ammunition or weapons designed to inflict serious bodily harm;
- material that, to your knowledge, would cause Clinic112, to the extent that Clinic112 used the Physician-Provided Material as permitted under this Physician User Agreement, to violate any internal or foreign law or regulation, including without limitation any law related to advertising or testimonials, any law concerning defamation, libel and privacy, and any copyright, trademark or other intellectual property law.
You agree that you are accessing the Portal or providing Physician-Provided Material on the basis of an inquiry, application, purchase or transaction regarding the products and services offered by Clinic112 and that we have hereby established a business relationship;
You agree that Clinic112 may contact you and/or your practice or entity, via telephone, e-mail, facsimile or other appropriate means, regarding Physician-Provided Material (including without limitation requested updates or additions to the same) and other Clinic112 products and services.
5. Term and Termination
This Physician User Agreement will take effect at the time you click "I Agree" or use this Portal or provide Physician-Provided Material. We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to this Portal or related products or services; (b) to change, remove or discontinue this Portal or any related products or services; or (c) to terminate this Physician User Agreement. Upon termination of this Physician User Agreement, you may no longer access, browse or use this Portal or provide Physician-Provided Material.
6. Confidentiality on the Internet; Electronic Communications with Clinic112
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our affiliates are responsible for the security of any information transmitted via the Internet or the accuracy of the information contained on this Site.
7. Portal Monitoring
We reserve the right to view, monitor and record activity on this Portal without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind at our sole discretion. However, we are not responsible for screening, policing, editing or monitoring this Portal.
We are committed to complying with all applicable internal and foreign laws and regulations, and expect all users of this Portal to comply with all applicable laws and regulations as well.
If it comes to our attention, or we are notified of an allegation, that this Portal or any Physician-Provided Material contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from the Portal or the Site.
8. Events beyond Our Control; Disclaimers; Limitations of Liability
You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
THIS PORTAL AND THE RELATED PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PORTAL AND THE RELATED PRODUCTS AND SERVICES MIGHT CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS PORTAL AND THE RELATED PRODUCTS AND SERVICES; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, THAT THIS PORTAL OR THE RELATED PRODUCTS AND SERVICES WILL ASSIST YOU IN YOUR PRACTICE OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS PORTAL OR THE RELATED PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PORTAL AND THE RELATED PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CONSUMERS OR SITE USERS, AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS.
NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS PORTAL OR ITS RELATED PRODUCTS AND SERVICES. IN THE EVENT OF ANY PROBLEM WITH THIS PORTAL OR THE RELATED PRODUCTS OR SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THIS PORTAL AND THE RELATED PRODUCT OR SERVICE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS PORTAL, OR ANY RELATED PRODUCTS OR SERVICES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages; thus, this limitation might not apply to you.
You will defend, indemnify, and hold harmless Clinic112 and our affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) your use of this Portal and/or any related products or services or (b) any breach by you of this Physician User Agreement.
10. This Portal and the related products and services are controlled and operated by 911.bg from its offices.
11. Notices; Contacting Clinic112
Any notices to you may be sent to the e-mail address that you provide to us when you register, and will be deemed given one business day after the e-mail is sent. If you have any questions about this Physician User Agreement, or if you need to notify us, then contact us at Clinic112.email@example.com or at the following address:
Bulgaria, Sofia, 16 Zlaten Rog str.
The patient may hold Clinic112.com consultation by a medical professional (doctor), which is detrimental to his health.
Clinic112 not carry advertising of medicinal preparations and only allows patients and doctors to discuss the effectiveness of their application based on their personal experience acquired off-line Clinic112 only intermediary medium of communication between patients and health professionals.
The type of services and consultations shall be determined by the medical staff Failure to pay by the patient to a medical specialist service is the responsibility of medical professionals. Clinic112 not responsible!
Each participant clinic112 respectively Medical professionals and patients responsible for the accuracy of the data published in your account and in your communication.
Clinic112 not responsible for amounts that are paid into a bank account of a medical professional.
Each participant Clinic112 must verify the accuracy of the data published on the people they communicate and whose opinion to trust.
Healthcare professionals have the opportunity to seek a patient, but whether he will offer his services depends on his decision, which must comply with local law.
Clinic112 not responsible for the identity of the medical professionals and patients who have profiles on the system. Of course we accept complaints and undertake to eliminate participants with a false identity.
Our policy is against the promotion of healing. We categorically reject the use of knowledge acquired posrvedstvom clinic112.com funds to be used for healing.
At the request of Clinic112 user is entitled to perform the service initially entering information in its profile in order to facilitate user. Consequently, this action goes through the approval of the user after a request for review of the correctness of the data team Clinic112.com.
User agrees that clinic112.com may to be use information of of him contacts for their invitation to become involved in Clinic112.com.
Healthcare professionals undertake not to prejudice the interests of employers to disclose their trade secrets or using their resources to serve patients.
All users in Clinic112 accepted principles and norms of moral conduct according to Credo and Code Clinic112.
All users agree to report any breach Feedback license rights credo and code Clinic112.
The following provisions will survive the termination of this Physician User Agreement: 1; 2; 4; 6; 7; 8; 9; 10; 11; and 12. Failure to insist on strict performance of any provisions of this Physician User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this Physician User Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Physician User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect, and the parties will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. No joint venture, partnership, employment or agency relationship exists between you and Clinic112 as a result of this Physician User Agreement or your use of this Portal. This Physician User Agreement constitutes the entire agreement between you and Clinic112 with respect to your use of this Portal and/or provision of Physician-Provided Material, and supersedes any and all prior understandings or agreements between you and Clinic112, whether written or oral. You acknowledge that, in providing you access to and use of this Portal, we have relied on your acceptance of this Physician User Agreement.
All regulating documents of the Clinic112.com complying with health regulations of USA and in particular and is subject to special rules under a federal law called the Health Insurance Portability and Accountability Act of 1996 or "HIPAA", also all regulating documents are complying and follow HITECH specific guidelines.
Date Last Updated: February 28, 2014