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Advertising Agreement

Important! Please read:

It is important that you read, understand, and agree to this entire document, as it creates a binding contract between you and Doctor Hospital Data, LLC ("Doctor Hospital Data" or "us" or "we"). These terms and conditions define and limit your rights and responsibilities in using Doctor Hospital Data Advertising. We may revise these terms and conditions (the"Agreement") at any time by posting them to the site. You will be bound by such revisions and should therefore visit this page from time to time to review the current terms and conditions.


User Agreement

In addition to this Agreement, the standard Doctor Hospital Data Terms and Conditions Agreement and those documents which it references, including by not limited to the Doctor Hospital Data Privacy Policy applies to your use of the Doctor Hospital Data Advertising service. To the extent there is any conflict between this Agreement and any of the provisions in the standard Doctor Hospital Data Terms and Conditions Agreement with respect to your use of the Doctor Hospital Data Advertising service, this Agreement shall control but only to extent of such conflict.


Advertising Entity

You may only advertise for yourself or your current employer or, if you are an advertising agency, for your client. You warrant and represent that you have the power and authority to enter into this Agreement and perform the obligations here under and that you are personally responsible for any charges incurred through your account. Use of any automated agents ("bots"), scripts or other devices or means to purchase advertising through Doctor Hospital Data Advertising is prohibited without Doctor Hospital Data's express written permission in each instance. You may not resell or transfer access to Doctor Hospital Data Advertising to any other party. Your account is for your express use only and not transferable or assignable to anyone else inside or outside your organization.


Payment

You agree to pay, using PayPal, or other funding method as determined by us, for all fees you incur in connection with each advertisement including any advertisements placed by you on behalf of your employer and regardless of the payment instrument used. Payment intervals will be a minimum of six (6) months and will be owed in U.S. currency. You also are responsible for paying all taxes and government charges that we must levy on your fees for advertising, if applicable. Amounts you pay pursuant to the Advertising service are non-refundable.


Content and Advertising Guidelines

Use of Doctor Hospital Data Advertising is subject to the Doctor Hospital Data Advertising Guidelines. Because we may revise the Doctor Hospital Data Advertising Guidelines at any time by posting them to the site, and you will be bound by such revisions, you should visit the page for the Doctor Hospital Data Advertising Guidelines from time to time to review the current version.


You agree not to use Doctor Hospital Data Advertising service for any unlawful purpose, including, without limitation, advertising any product or service that would violate any federal, state, local or foreign laws, regulations, administrative or judicial order.

 

Doctor Hospital Data has the editorial discretion to reject or cease serving any advertisement for any reason at any time, regardless of whether or not such advertisement was previously accepted or served.

 

You represent and warrant that you have the right to permit Doctor Hospital Data to serve the advertisement, including, without limitation, any copyrighted material, trademarks, service marks, logos or slogans; and the use, transmission or display by Doctor Hospital Data of the advertisement as authorized herein will not violate the rights of any third parties.

No Guarantees

Doctor Hospital Data does not guarantee the results or distribution of any advertisement in any manner. Doctor Hospital Data does not guarantee or track the number of impressions (i.e., times your advertisement is viewed by a user) or clicks (i.e., times your advertisement is clicked on by a user) through Doctor Hospital Data Advertising. Doctor Hospital Data provides no guarantee or warranty regarding the placement, delivery, timing, or performance of advertisements purchased through Doctor Hospital Data Advertising. Doctor Hospital Data does not screen or attempt to verify the accuracy of any information on the DoctorHospitalData.com site.


Cancellation

You may cancel your advertisement at any time after its submission by contacting us in writing. Doctor Hospital Data will endeavor to cease serving your advertisement promptly following your cancellation.


Removal of Advertisements by Doctor Hospital Data

Doctor Hospital Data reserves the right to remove any advertisement at any time, with cause due to a violation of DoctorHospitalData.com Terms and Conditions, Doctor Hospital Data's Advertising Guidelines, this Agreement, or any other agreement between you and Doctor Hospital Data. As a consequence of your violation of any of the aforementioned agreements, Doctor Hospital Data may, at its sole discretion, prohibit you from any further participation in the Doctor Hospital Data Advertising service and any other service or program offered by Doctor Hospital Data, or suspend or remove your Doctor Hospital Data account. Doctor Hospital Data may undertake technical measures in furtherance of such prohibition.

Doctor Hospital Data shall also have the right to remove any advertisement at any time without cause as Doctor Hospital Data determines in its sole discretion. Doctor Hospital Data is not required to provide you with any explanation for its removal of any advertising and you agree that all of Doctor Hospital Data decisions relating to the placement and removal of advertising shall be final and binding.

 

In addition, your advertisements may be removed if Doctor Hospital Data, in its discretion, ceases offering the Advertising program.

 

In the event of any removal of your advertising under this section, you will not receive a refund.

Non-Exclusive

This contract is not exclusive as to your business, products or services. Doctor Hospital Data retains the complete and unqualified right to solicit the business of and advertisements from persons and entities that may be in competition with your business, products or services, as well as to serve its own advertisements that may be in competition with your business, products or services. You acknowledge that Doctor Hospital Data and its affiliates may participate in ad placing auctions to promote its own services or otherwise communicate to its users.

Limitation of Liability

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither Doctor Hospital Data, LLC nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors ("Doctor Hospital Data Affiliates") shall be liable for (1) any damages in excess of one times the most recent monthly fees that you paid for your Advertising account, if any, or $72, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Advertising service or any content displayed through the Advertising service even if Doctor Hospital Data is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:

1.   apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and

2.   not apply to any damage that Doctor Hospital Data Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.


Indemnification

Notwithstanding any review or approval of any advertisement by Doctor Hospital Data, you agree to indemnify Doctor Hospital Data and the Doctor Hospital Data Affiliates, and hold Doctor Hospital Data and the Doctor Hospital Data Affiliates harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims, charges or investigations, caused by a) your failure to comply with this Agreement, including, without limitation, your submission of advertisements that violates third party rights or applicable laws, b) any advertisement you submit to Doctor Hospital Data or c) any activity in which you engage on or through the Doctor Hospital Data.


Disclaimer of Warranties

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

DO NOT RELY ON DOCTOR HOSPITAL DATA ADVERTISING, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE DOCTOR HOSPITAL DATA ADVERTISING SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY DOCTOR HOSPITAL DATA ADVERTISING OR ANYTHING RELATED THERETO YOU MAY CANCEL YOUR ADVERTISEMENT IN ACCORDANCE WITH THIS AGREEMENT AND SUCH CANCELLATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

 

WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE DOCTOR HOSPITAL DATA ADVERTISING SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED AS PART OF THE DOCTOR HOSPITAL Data Advertising SERVICE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

DOCTOR HOSPITAL DATA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE VERACITY OR APPROPRIATENESS OF THE USERS OF DOCTOR HOSPITAL DATA ADVERTISING OR THE ADVERTISEMENTS PLACED VIA THE DOCTOR HOSPITAL DATA ADVERTISING SERVICE.

 

DOCTOR HOSPITAL DATA DOES NOT GUARANTEE THAT THE DOCTOR HOSPITAL DATA ADVERTISING SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE SERVICE'S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. DOCTOR HOSPITAL DATA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, DOCTOR HOSPITAL DATA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE DOCTOR HOSPITAL DATA SITE OR ADVERTISING SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO DOCTOR HOSPITAL DATA. UNDER NO CIRCUMSTANCES WILL DOCTOR HOSPITAL DATA BE LIABLE FOR ANY DAMAGES TO YOU, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE DOCTOR HOSPITAL DATA ADVERTISING SERVICE.


Non-Waiver; Severability

If any provision is found to be illegal, invalid, or unenforceable, such provision shall be modified to the minimum extent necessary to make such provision valid and enforceable, and the remainder of this Agreement shall remain in full force and effect. No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of this or any other right under this Agreement. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Doctor Hospital Data. The remedies of Doctor Hospital Data under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. You hereby waive the right to seek specific performance or injunctive relief hereunder.

Force Majeure

Notwithstanding anything to the contrary herein, Doctor Hospital Data shall not be liable to you if it is not able to post the advertisement or Doctor Hospital Data is rendered unable to timely perform any of its obligations hereunder for any reason, including, without limitation, strikes, boycotts, war, terrorism, Acts of God, labor troubles, riots, and restraints of public authority.

Interpretation

You agree that Doctor Hospital Data has sole discretion in determining the interpretation of the meaning of this Agreement, and those documents it incorporates by reference, including determining your compliance with such.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, including all matters of construction, validity, performance and enforcement. The parties agree that  Broward County, in the State of Florida, shall be the sole forum for any action brought against the other party. The parties waive trial by jury in any action, proceeding or counterclaim brought in respect of any matter whatsoever arising out of or in any way connected with this Agreement or your use of the Advertising service.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created between you and Doctor Hospital Data by this Agreement or any advertisement transaction, and neither party shall have the authority to bind the other in any way. This constitutes the entire agreement by and between you and Doctor Hospital Data with respect to the subject matter hereof and supersedes all prior agreements, understandings, representations or negotiations, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. The section headings in this Agreement are for convenience only and have no legal or contractual effect.