TopDoc Acceptable Use Policy

Here at Topdoc, we’re committed to making our service safe, caring, and accessible for everyone. That’s why we created this agreement, which explains the rules for using Topdoc. Thank you for reading, and for helping us deliver a better healthcare experience!

This Acceptable Use Policy (“AUP”) is incorporated by reference into Topdoc, Inc.’s (“Topdoc,” “we,” or “us”) Terms of Use and governs your use of the Platform and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this AUP shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AUP AND THE TERMS OF USE INTO WHICH IT IS INCORPORATED, UNDERSTAND THEIR TERMS, AND AGREE TO BE LEGALLY BOUND BY THEIR TERMS. IF YOU DO NOT AGREE WITH THIS AUP OR THE TERMS OF USE, YOU CANNOT USE THE SERVICES.

1. RESTRICTED USES

You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.

Without limiting any of the above, you agree that you shall not, and shall not allow or enable any third party to:

• use the Services or Platform in violation of our Community Standards;
• copy, modify, adapt, translate, or reverse engineer any Content (as defined in the Terms of Use) or portion of the Platform, its content or materials and/or the Services;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or the Services or in or on any Content;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Platform and/or the Services;
• access or retrieve any Content or portion of the Platform and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the healthcare industry or Healthcare Providers (as defined in the Terms of Use);
• reformat or frame any Content or portion of the web pages that are part of the Platform and/or the Services;
• fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Healthcare Provider which you do not intend to keep, or scheduling an appointment for Designated Provider Services which you do not intend to pay using the Transaction Processing Services;
• create user accounts, book appointments or submit Posted Information by automated means or under false or fraudulent pretenses, including to impersonate any person or entity, or provide any otherwise misleading information;
• use contact information provided by other users or Healthcare Providers for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications (i.e. SPAM);
• violate any law or regulation, including, without limitation, any privacy laws;
• jeopardize the security of your Account Credentials (such as allowing someone else to log into the Services as you);
• attempt, in any manner, to obtain the password, account, or other security information from any other user;
• violate the security of any computer network, or crack any passwords or security encryption codes;
• decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
• use any means, including software means, to conduct web scraping of any portion of the Platform, its content or materials and/or the Services.

A violation of any of the above is grounds for termination of your right to use or access the Services.

2. USER CONTENT

Pursuant to the Terms of Use, you may submit Posted Information to the Platform on your behalf or on behalf of someone for whom you have legal capacity to act, which may (without limitation) take the form of feedback for Healthcare Providers, general inquiries or to participate in the other interactive and community features of the Platform. In providing feedback, please give clear, honest information about the Healthcare Provider and your experiences, and do not use inappropriate language, make gratuitous personal criticisms or comments or include information that others could use to determine your identity or other personal details. When participating in interactive or community aspects of the Service, please do not post any information that another user or Healthcare Provider may use to individually identify you or any person for whom you have the legal capacity to act, and instead please include all relevant information in a concise manner to help us provide you with a helpful response.

We reserve the right to publish your Posted Information as part of the Services and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information. Keep in mind that the Posted Information of others is simply one opinion and should not be relied on.

Without limiting the generality of the foregoing:

• You are solely responsible for any Posted Information you submit, publish or display through the Services or transmit to other users of the Platform.
• You may not post, distribute, or reproduce in any way any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
• You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by Topdoc.
• You may not provide any Posted Information that is unlawful or promotes or encourages illegal activity.
• You understand and agree that Topdoc may (but is not obligated to) review and delete any Posted Information that in the sole judgment of Topdoc violates the Terms of Use or this AUP, or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Services.
• You agree that you will only provide Posted Information that you believe to be true.
• You may not submit Posted Information that:
  • is false, deceptive or misleading;
  • harasses or advocates harassment of another person or entity; violates the privacy rights of any person or entity;
  • provides personally identifying information about you or anyone for whom you have the legal capacity to act;
  • involves the transmission of unsolicited mass mailing or “spamming”;
  • violates, infringes or misappropriates the intellectual property or other rights of any person or entity;
  • violates antitrust, competition, or consumer protection laws;
  • is unlawful, threatening, abusive, hateful, violent, discriminatory, obscene, defamatory or libelous; or
  • is pornographic or sexually explicit in nature.

The above is a partial list of the kind of content and communications that are illegal or prohibited on/through the Platform. Topdoc reserves the right to investigate and take appropriate legal action in accordance with the Terms of Use.

3. COPYRIGHT DISPUTE POLICY

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Company’s Copyright Agent with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Topdoc’s designated Copyright Agent to receive notifications of claimed infringement is:

Sahil Sheth 232 Mott Street, Unit 2 New York, New York, 10012 Email: [email protected]

Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to Topdoc’s customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

4. UPDATES AND CHANGES TO THE ACCEPTABLE USE POLICY

The effective date of the Acceptable Use Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Acceptable Use Policy. We encourage you to periodically review this webpage for the latest information on acceptable uses of the Services. The amended Acceptable Use Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS ACCEPTABLE USE POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

The content provided here and elsewhere on the Topdoc site or mobile app is provided for general informational purposes only. It is not intended as, and Topdoc does not provide, medical advice, diagnosis or treatment. Always contact your healthcare provider directly with any questions you may have regarding your health or specific medical advice.

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