Date of Last Revision: June 01, 2017
1. Healthcare Professional’s Responsibilities. It is Healthcare Professional’s responsibility to maintain the confidentiality of Healthcare Professional’s account information, including all password(s) associated with Healthcare Professional’s account. In addition, Healthcare Professional is responsible for all activities that occur in connection with Healthcare Professional’s account. Further, Healthcare Professional agrees to notify RealSelf of any unauthorized use of Healthcare Professional’s account and RealSelf reserves the right to close Healthcare Professional’s account at any time for any or no reason. If Healthcare Professional submits a Special Offer through a third party or employee (an "Agent"), RealSelf and Healthcare Professional agree and acknowledge that these Special Offer Terms apply to that Agent. Further, Healthcare Professional represents and warrants to RealSelf that the Agent is authorized to act on behalf of Healthcare Professional and is bound to these Special Offer Terms. Healthcare Professional is solely responsible for: (i) the Special Offer(s) and the information associated with the Special Offer(s) whether generated by or on behalf of Healthcare Professional; and (ii) fulfillment of the services and products (collectively "Healthcare Professional Services") specified in the Special Offer.
Healthcare Professional’s use of the Site in a manner not associated with the RealSelf Special Offers Program, including any use by an Agent, is governed by the Healthcare Professional Terms of Service. Any conflict between these RealSelf Special Offer Terms and the Healthcare Professional Terms of Service shall be resolved in favor of these RealSelf Special Offer Terms.
2. Display of Special Offers. RealSelf will display Special Offers on www.realself.com, its mobile application and other web sites on which RealSelf displays Special Offers (the "RealSelf Site”), for a period of time as indicated in the Healthcare Professional's offer settings and in RealSelf’s sole discretion. RealSelf may display the Special Offers on web pages on the RealSelf Site where the Healthcare Professional posts answers to community members’ questions, on the Healthcare Professional’s profile page, on listings for offers available in a geographical region or on any other web page or location on the Site per the discretion of RealSelf. RealSelf cannot guarantee the number of views for Special Offers.
3. Special Offers Correction. RealSelf is under no obligation and does not review or pre-screen the Special Offers prior to their display on the RealSelf Site. In addition, under no circumstances will RealSelf be liable in any way for any Special Offers posted by Healthcare Professional or Healthcare Professional’s Agent. RealSelf or users of the RealSelf Site may identify concerns with any given Special Offer (such as an error in the posting of the Special Offer or that the Special Offer violates these Special Offers Terms). RealSelf shall send Healthcare Professional (or Healthcare Professional’s Agent) an email notifying the Healthcare Professional of the concern regarding the Special Offer and Healthcare Professional or Healthcare Professional’s Agent shall address that concern.
If Healthcare Professional 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 or for any or no reason. As a result, Healthcare Professional is solely responsible at Healthcare Professional’s sole cost and expense for creating backup copies and replacing any Special Offer(s) that Healthcare Professional uploads and posts on the RealSelf Site or provides to RealSelf. RealSelf shall only have the ability to remove Special Offers but in no way whatsoever shall RealSelf modify the Special Offer.
4. Changes to Special Offers Terms; Disclaimer. RealSelf reserves the right to change these Special Offers Terms at any time without liability, and Healthcare Professional's use of the RealSelf Special Offers Program after notice of such changes constitutes Healthcare Professional'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. In addition, RealSelf disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of Special Offers on the RealSelf Site or section thereof; (ii) conversions or other results for any Special Offers; or (iii) the adjacency or position of ads or Special Offers on the RealSelf Site.
5. Cancellation/Suspension. Healthcare Professional may discontinue the publication of its Special Offers through Healthcare Professional's account. In the event Healthcare Professional or RealSelf (under Section 4, or otherwise) stops the display of Healthcare Professional's Special Offers, Healthcare Professional is responsible to restart the display, which may require a modification to the Special Offer details. Special Offers terminated online will cease to be displayed shortly after cancellation or suspension. RealSelf reserves the right to terminate the RealSelf Special Offers Program and/or these Special Offers Terms at any time. Sections 1, 6-12 will survive any termination of these Special Offers Terms.
6. Prohibited Uses. Healthcare Professional 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 or post a Special Offer that violates any local, state or federal law, rule or regulation.
7. License Grant. When Healthcare Professional or Healthcare Professional’s Agent posts Special Offer(s) on the RealSelf Site, 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 Site. In addition, with respect to the Special Offer(s) that you elect to post or transmit for inclusion in or on the RealSelf Site, you automatically grant, and you represent and warrant that you have the right to grant, to RealSelf, its affiliates and partners, a perpetual, worldwide, 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, known or unknown, in any manner relating to the RealSelf Site (including, without limitation, in connection with the appearance of such Special Offer(s) on the RealSelf Site and on the websites of RealSelf affiliates, partners and others with whom RealSelf may have business relationships relating to the Site) and the distribution and promotion of the RealSelf Site.
8. Healthcare Professional Representations and Warranties. Healthcare Professional and Healthcare Professional’s Agent represent and warrant to RealSelf that:
a. all information provided in connection with Healthcare Professionals account and any Special Offers order is complete, correct and current;
b. Healthcare Professional owns all intellectual property rights (including all copyright, trademark, patent, publicity or other rights) in the Special Offer(s) content or Healthcare Professional has the necessary permission and consent to use the content contained in the Special Offer(s) that Healthcare Professional or Healthcare Professional’s Agent uploads and posts on the RealSelf Site;
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) and Healthcare Professional will comply with all applicable federal, state and local laws, rules and regulations;
d. Healthcare Professional will honor all Special Offers offered by the Healthcare Professional on the RealSelf Site; and
e. the Special Offer(s) is not fraudulent, false, deceptive or considered unfair advertising or violates any law.
A breach of the foregoing representations and warranties by Healthcare Professional or Healthcare Professional’s Agent may result in immediate termination of Healthcare Professional's account and Healthcare Professional’s participation in the RealSelf Special Offers Program without notice and without limitation to any other remedies available to RealSelf.
9. NO WARRANTIES. HEALTHCARE PROFESSIONAL ACKNOWLEDGES AND AGREES THAT REALSELF PROVIDES THE REALSELF SPECIAL OFFERS PROGRAM "AS IS," "WITH ALL FAULTS" AND ON AN "AS AVAILABLE," BASIS. REALSELF DOES NOT MAKE ANY WARRANTIES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE QUALITY, SAFETY, USABILITY, PERFORMANCE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE OF THE REALSELF SPECIAL OFFERS PROGRAM, ANY UNDERLYING SERVICE PROVIDED BY A HEALTHCARE PROFESSIONAL OR ANY SPECIAL OFFER REDEEMED BY A REALSELF USER OR COMMUNITY MEMBER FROM A HEALTHCARE PROFESSIONAL. HEALTHCARE PROFESSIONAL IS THE PERSON OR ENTITY PROVIDING THE SERVICE SPECIFIED IN THE SPECIAL OFFER. HEALTHCARE PROFESSIONAL AGREES THAT A REALSELF USER’S OR COMMUNITY MEMBER’S SOLE RECOURSE REGARDING PROBLEMS OR ISSUES WITH A SPECIAL OFFER SHALL BE DIRECTED SOLELY TO HEALTHCARE PROFESSIONAL. REALSELF, ITS RESELLERS, AGENTS 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. REALSELF SHALL NOT BE LIABLE FOR NONPERFORMANCE DUE TO A MATTER BEYOND ITS CONTROL.
10. Limitation of Liability. IN NO EVENT WILL REALSELF OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO HEALTHCARE PROFESSIONAL, A REALSELF USER OR COMMUNITY MEMBER OR ANY OTHER THIRD PARTY 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 HEALTHCARE PROFESSIONAL’S OR HEALTHCARE PROFESSIONAL’S AGENT’S USE OF OR INABILITY TO USE THE REALSELF SITE OR THE REALSELF SPECIAL OFFERS PROGRAM, FOR ANY OF THE SPECIAL OFFERS UPLOADED AND POSTED TO THE REALSELF SITE BY HEALTHCARE PROFESSIONAL OR FOR ANY UNDERLYING SERVICE PROVIDED BY THE HEALTHCARE PROFESSIONAL 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, THE LIABILITY OF REALSELF 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 REALSELF SPECIAL OFFERS PROGRAM FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR CAUSE OF ACTION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO REALSELF FOR THE USE OF THE REALSELF SPECIAL OFFERS PROGRAM, 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.
11. Indemnification. Healthcare Professional shall indemnify and defend RealSelf, its resellers, suppliers, agents, affiliates, officers, directors, employees and licensors from and against any and all claims, action, losses, damages, liabilities, costs, expenses, (including, but not limited, to claims or liabilities for personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state or federal laws or regulations and attorneys' fees) arising out of or in connection with: (a) the Special Offers, (b) Healthcare Professional’s Services or (c)Healthcare Professional's breach of these Special Offers Terms or of any of Healthcare Professional’s or its Agent’s breach of any representations, warranties or obligations under these Special Offers Terms.
12. Miscellaneous. These Special Offers Terms are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. Healthcare Professional agrees to submit to the exclusive jurisdiction and venue in the state and federal courts in King County, Washington for any and all disputes, claims and actions arising from or in connection with the RealSelf Special Offers Program and/or these Special Offers Terms. These Special Offers Terms constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into these Special Offers Terms except as expressly set forth herein, and any conflicting or additional terms contained in any other documents or oral discussions are void. Any modifications to these Special Offer Terms must be made in a writing and executed by both parties. Any notices to RealSelf must be sent to RealSelf Inc., Special Offers, 83 South King Street, 8th Floor, Seattle, WA 98104, with a copy to Legal Department, via registered mail with return receipt or air mail or overnight courier, and are deemed given upon receipt. Notice to Healthcare Professional may be effected by sending an email to the email address specified in Healthcare Professional's account, or by posting a message to Healthcare Professional's account interface, and is deemed received when sent (for email) or no more than seven (7) days after having been posted. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of these Special Offers Terms will remain in full effect. Healthcare Professional may not assign any of its rights hereunder and any such attempt is void. RealSelf and Healthcare Professional are independent contractors, not legal partners or agents. In the event that these Special Offers Terms or the RealSelf Special Offers Program is terminated, RealSelf shall not be obligated to return any materials to Healthcare Professional.