Date of Last Revision: August 26, 2009
1. Account. It is Doctor’s responsibility to maintain the confidentiality of Doctor’s account information, including all password(s) associated with Doctor’s account. In addition, Doctor is responsible for all activities that occur in connection with Doctor’s account. Further, Doctor agrees to notify RealSelf of any unauthorized use of Doctor’s account and RealSelf reserves the right to close Doctor’s account at any time for any or no reason. If Doctor submits a Special Offer through a third party or employee (an "Agent"), RealSelf and Doctor agree and acknowledge that these Special Offer Terms apply. Further, Doctor represents and warrants to RealSelf that the Agent is authorized to act on behalf of Doctor and is bound to this Agreement.
2. Doctor’s Responsibilities. Doctor is solely responsible for all: (i) Special Offer information whether generated by or for Doctor; and (ii) fulfillment of the services and products (collectively "Doctor Services") specified in the Special Offer.
3. Display. RealSelf will display Special Offers on www.realself.com and other web sites on which RealSelf displays Special Offers (the "RealSelf Sites"), for a period of time as indicated in Doctor's offer settings. RealSelf plans to display the Special Offers on pages where the Doctor posts answers as well as on the doctor profile page and listings for offers available in a geographical region. RealSelf cannot guarantee the number of views for Special Offers.
If Doctor does not modify the Special Offer to comply with such notice, RealSelf may decide to remove the Special Offer by changing status to “expired”. In addition, RealSelf may remove a Special Offer at any time in its sole discretion that in the sole judgment of RealSelf violates these Special Offers Terms or which may be illegal or fraudulent. As a result, Doctor is solely responsible at Doctor’s sole cost and expense for creating backup copies and replacing any Special Offer(s) Doctor posts on the RealSelf Sites or provides to RealSelf. RealSelf shall only have the ability to remove Special Offers but in no way whatsoever shall RealSelf have the ability to modify the Special Offer details.
5. Changes to Special Offers Terms. RealSelf reserves the right to change these Special Offers Terms at any time without liability, and Doctor's use of the Special Offers program after notice of such changes constitutes Doctor's acceptance of the new Special Offers Terms. RealSelf may give notice as described in Section 12 below, or RealSelf may give notice by updating the terms on this web page.
6. Cancellation/Suspension. Doctor may discontinue the publication of its Special Offers through Doctor's account. In the event Doctor or RealSelf (under Section 4, or otherwise) stops the display of Doctor's Special Offers, Doctor is responsible to restart display, which may require a modification to the Special Offer details. Special Offers terminated online will cease display shortly after cancellation or suspension. RealSelf reserves the right to terminate the Special Offers program and/or these Special Offers Terms at any time. Sections 7, 8, 9, 10, 11, 12, 13 and 14 will survive any termination of this Agreement.
7. Prohibited Uses. Doctor shall not and shall not authorize any Agent or other party to post a Special Offer that advertises anything illegal or engage in any illegal or fraudulent business practice.
8. License Grant. When Doctor or Doctor’s Agent posts Special Offer(s) on the RealSelf Sites, you authorize and direct RealSelf to make such copies as RealSelf deems necessary, to facilitate the posting and storage of the Special Offer(s) on the RealSelf Sites. In addition, with respect to the Special Offer(s) that you elect to post or transmit for inclusion in on or on the RealSelf Sites, you automatically grant, and you represent and warrant that you have the right to grant, to RealSelf, its affiliates and partners, a perpetual, world-wide, royalty-free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Special Offer(s), in whole or in part, in all present and future media in any manner relating to the RealSelf Sites (including, without limitation, in connection with the appearance of such Special Offer(s) on the RealSelf Site and on the sites of RealSelf’s affiliates, partners and others with whom RealSelf may have business relationships relating to the RealSelf Sites) and the distribution and promotion of the RealSelf Sites.
9. Representations and Warranties. Doctor and Doctor’s Agent represent and warrant to RealSelf that:
a. all information provided in connection with Doctor's account and any Special Offers order is complete, correct and current;
b. Doctor holds all rights (including any copyright, trademark, patent, publicity or other rights) in the Special Offer(s) Doctor posts on the RealSelf Sites;
c. the Special Offer(s) does not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including intellectual property rights).
A breach of the foregoing representation and warranties by Doctor or Doctor’s Agent may result in immediate termination of Doctor's account without notice, without limitation to any other remedies available to RealSelf.
10. No Warranty. REALSELF.COM PROVIDES THE SPECIAL OFFERS PROGRAM "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH DOCTOR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALSELF.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. REALSELF, ITS RESELLERS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
11. Disclaimer. Without limitation, RealSelf disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of Special Offers on any RealSelf Site or section thereof; (ii) conversions or other results for any offers; or (iii) the adjacency or position of ads or offers on the RealSelf Site(s).
12. Limitation of Liability. IN NO EVENT WILL REALSELF OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO DOCTOR OR ANY THIRD PERSON FOR ANY LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES OR FOR LOST PROFITS OR LOST DATA) RESULTING FROM DOCTOR’S OR DOCTOR’S AGENT’S USE OF OR INABILITY TO USE THE REALSELF SITES OR THE SPECIAL OFFERS PROGRAM REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF REALSELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANY OF THE FOREGOING, REALSELF’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 REALSELF FOR USE OF THE SPECIAL OFFERS PROGRAM OR REALSELF SITES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO REALSELF FOR THE USE OF THE SPECIAL OFFERS PROGRAM OR REALSELF SITES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM REALSELF, REGARDLESS OF THE CAUSE OF ACTION. THE LIMITATIONS OF LIABILITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.