TERMS OF USE

The following terms and conditions, in addition to those laid out in the Website Privacy Policy (“Privacy Policy”) apply to CHSPSC, LLC. as service provider of the MyNewDoctor.com ("My New Doctor", “Company”, "we") website located at www.mynewdoctor.com (“Website”). Please read these terms and conditions carefully each time you access this site or any of our other websites, as the terms may change from time to time. Your use of the Website and/or your completion and submission of the forms provided on the Website constitutes acceptance of the terms and conditions of these Terms of Use and Privacy Policy.

1. Agreement

My New Doctor is an online physician referral service, including for newly insured users looking for health care services and physician practice groups seeking new patients, healthcare information, tips about having a healthy lifestyle, information about preventive screenings and email newsletters about health and wellness, and other services (collectively, the “Services”). The physician practice groups to which we refer are employed by. clinics affiliated with CHSPSC, LLC. By using the Website, you agree to be bound by the terms and conditions of this Terms of Use and the linked Privacy Policy which together comprise the agreement between you and My New Doctor (the “Agreement”). We may modify this Agreement at any time. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the Website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement.

2. Privacy

We take your personal privacy seriously. In addition to the publicly accessible pages on this website, there are sections on the site where you can request more information or submit personal information to request an appointment. For information about how we collect, use, secure, and treat personal information, please read the linked Privacy Policy, which is incorporated by reference into this Agreement. In addition to these policies, the physician referral Services will comply with the Notice of Privacy Practices for the physician practice group to which you are referred as required by the Health Insurance Portability & Accountability Act of 1996 (HIPAA). If you have questions or concerns regarding our Privacy Policy or our privacy practices, please contact us at CHSPSC, LLC attn: My New Doctor, 4000 Meridian Blvd, Franklin, TN 37067, or info@mynewdoctor.com.

3. This Website Does Not Provide Medical Advice

My New Doctor provides information on the Website for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. The Website should not be relied upon for specific medical advice for you. We assume no responsibility for how you use the information provided through the Services. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

4. Health Information is Not a Substitute for Consulting with A Physician

The health information on this Website is provided for informational purposes as a public service, to enhance customer service, and to promote consumer health. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a physician. We assume no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this site. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis. If you have a specific medical condition, please contact your health care provider. Use of this website does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or a loved one. Please check with a physician or health professional if you suspect you are ill. You exercise your own judgment when using or purchasing any product or selecting a physician through any site or service linked to this website. In addition, we will update Website content from time to time, medical information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies or typographical errors. Neither My New Doctor nor its Affiliates endorses any medical or professional service obtained through information provided on this Website or any links to this site.

5. Links to Other Sites

While visiting this Website, you may leave the site and access certain third party websites. My New Doctor neither reviews nor controls the content and accuracy of these websites, and therefore is not responsible for their content and accuracy. Your access to third party websites is at your sole risk. Other websites on the Internet may contain unedited, sexually explicit, violent, racist or other types of material, which may be offensive to you. Please access other websites at your own discretion. See our Privacy Policy regarding information that may be transferred to third parties by using these links or advertisements.

6. Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. EFFORTS BY MY NEW DOCTOR TO MODIFY THE SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE WEBSITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH THE WEBSITE, IS PROVIDED "AS IS," AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES MY NEW DOCTOR’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. IN NO EVENT SHALL MY NEW DOCTOR AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH MY NEW DOCTOR, THE “MY NEW DOCTOR ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE PERSONAL INFORMATION THROUGH THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF MY NEW DOCTOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF MY NEW DOCTOR ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.

7. Indemnification

You will indemnify, defend (or settle) and hold harmless My New Doctor Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of My New Doctor Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Website, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms of Service, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of My New Doctor, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, My New Doctor Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to My New Doctor Entities pursuant to this Section.

8. User Representations

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use this Website in accordance with this Agreement. You agree to be solely responsible for your use of this Website and to comply with your responsibilities and obligations as stated in this Agreement.

9. User Submissions

We have taken commercially reasonable steps and employ industry-standard practices and technology to ensure the integrity and confidentiality of your user submissions; however, no information system is 100% secure and even the most secure system can be compromised, we cannot guarantee security.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this website you agree not to post or send us:

  • sensitive personal health information
  • material you did not create, unless you have the permission of the copyright owner to post it
  • trade secrets, unless you own them or have the permission of the owner
  • material that infringes any other intellectual property rights or invades the privacy or violates the publicity rights of others
  • obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing, or inflammatory materials
  • sexually-explicit materials; advertising or commercial solicitations, chain letters, pyramid schemes, or impersonations of another person,
  • materials containing viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Canadian and European Union Users. We do not intend to collect data or personal information from Canadian and European Union users. If you are from the European Union or Canada, do not provide us with personal information, use our Services, or the Website. If we learn that we collected personal information from a user from the European Union or Canada, we will promptly delete that information.

Minors and the Child Online Privacy Protection Act (COPPA). As provided in our Privacy Policy, we do not intend to collect data or personal information from children under 13. If you are under the age of 13, do not provide us with Personally Identifiable Information (PII) , use our Services, or the Website. If we learn that we collected PII from a child under 13, we will promptly delete that information. If you believe that we collected information from a child under 13, contact us at info@mynewdoctor.com.

10. Intellectual Property Rights

A. We do not claim ownership of any data, information (personal or otherwise) or other materials that you enter through the Services (collectively, "Materials"). There are two types of Materials: (a) Materials that are uploaded through the accounts of users of the password-protected portion of the Services for purposes specific to such user (collectively, “Account Materials”), and (b) Materials that are uploaded by users for purposes of general dissemination, such as postings to My New Doctor, or Feedback, defined below (collectively, “General Materials”). By transmitting, uploading, inputting, providing or submitting (collectively, “Submitting” or “Submit”) any Account Materials, you are granting us, our affiliated companies and sublicensees a non-exclusive, royalty-free, worldwide right to (i) post such materials for your access and use, (ii) provide your Account Materials to other users, (iii) use your Account Materials for marketing purposes and (iv) make those uses of Account Materials that are either identified at the time you provide such Account Materials or can reasonably be anticipated by you, all while your account with us remains open, and to archive such materials thereafter. By Submitting any General Materials, you are granting My New Doctor, its affiliated companies and sublicensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicenseable license in and to such General Materials for use for any purpose, and confirming that such General Materials are non-confidential and non-proprietary. You hereby waive all rights to any claim against My New Doctor Entities (defined below) and any Services used for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Materials. In the event that you submit to us any Account Materials for the purpose of making such materials generally accessible to other Website users, such as posting such materials on our blog, such materials will be deemed General Materials and you grant us a General Materials license in such materials.

B. If you provide us with Materials such as comments, bug reports, feedback or modifications proposed by you to My New Doctor, the Services, or the goods and/or services provided through the Website (collectively, “Feedback”), then in addition to the license granted in all Materials, we will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Services and the right to assign, license or otherwise use such Feedback. You hereby give My New Doctor a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Materials.

C. You will be responsible for your own Materials and the consequences of transmitting those Materials. We have no obligation to monitor you or any other user’s use of the Services. We reserve the right to review and monitor your use of the Services, including without limitation your use of any user ID and/or password in accessing the Services and any Materials Submitted to or revised on the Services, and to remove any Materials that My New Doctor believes in its sole discretion violate these Terms of Use. My New Doctor reserves the right to restrict or terminate your access to the Services, including, without limitation, your access to any or all of the services provided thereunder or your ability to use any user ID and/or password, at any time without notice if we believe you have violated these Terms of Use or are likely to violate these Terms of Use. Your sole remedy against us in the event of a dispute arising out of these Terms of Use, the Services or your use thereof, is to terminate these Terms of Use by ceasing your use of the Service. In the event of termination of these Terms of Use, we may delete and/or store, in our discretion, Materials and data associated with your use of the Services. We may also change, suspend, or discontinue any aspect of the publicly available portion of the Services at any time, including the availability of any feature of the Services, database, or content. With regard to the password-protected portion of the Services, we will provide you with thirty (30) days notice prior to materially changing, suspending or discontinuing any aspect of this portion of the Service.

D. By using or accessing the Services or Submitting your Materials, you (1) represent and warrant that you own or otherwise control all of the rights to your Materials necessary to grant the licenses granted in these Terms of Use, including, without limitation, all the rights necessary for you to Submit the Materials, and have all right, power and authority to enter into these Terms of Use and to fully perform hereunder, (2) represent and warrant that your use of the Services, Services Content and/or Materials does not and will not violate or infringe any third party right, including but not limited to any third party intellectual property right, right of publicity or privacy, right of trade secret or confidentiality, or contractual right, or violate these Terms of Use, the Privacy Policy, or any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject, (3) represent and warrant that you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of or access to the Services, (4) represent and warrant that you will only Submit and use Materials that may be used in accordance with the licenses you have granted herein and (5) agree that we shall not be liable to you or any third party for accepting or not accepting your Materials or for deleting or not deleting your Materials, in whole or in part.

E. The Services and all content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Services (collectively, “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Services and all Content is the property of My New Doctor and/or third party licensors, and all right, title and interest in and to the Services and Content will remain with us or such third party licensors. Other product and company names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Services or any Content other than any rights in the Materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Services or any Services content. You may only use the Services and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Services or Services content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of My New Doctor and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.

F. You acknowledge that by using portions of the Website, you may use and you may acquire My New Doctor Confidential Information. As used herein, “Confidential Information” means all confidential and/or proprietary information and trade secrets of My New Doctor, whether or not memorialized, and in any form or media, regarding us or our business, including without limitation those relating to our intellectual property, technology, research and development, systems, software, business plans, business operations, strategies, financial information, technical information, customers, customer lists, suppliers, operating policies and procedures, and any third-party information that My New Doctor is required to keep confidential where such information is not generally accessible without a password. “Confidential Information” includes any account passwords. You shall not at any time, directly or indirectly, for any purpose, use, copy or disclose to any other person or entity any Confidential Information, or permit others to do so, other than for the purposes expressly allowed hereunder. We may seek and obtain injunctive relief against the release or threatened release of Confidential Information, in addition to any other available legal remedies. You shall notify us immediately if you learn of any unauthorized possession or use of the Confidential Information and will promptly furnish all details of such possession or use to My New Doctor.

G. You shall notify us immediately of any unauthorized use or threat of unauthorized use of your account or the Services or of any other breach or potential breach of security known to you with respect to your account or the Services, including without limitation any loss or compromise of any password, and will cooperate with us in every reasonable way to help us prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Services, your account and/or your password. You agree that immediately upon termination of your right to use the Services or any password-protected portion of the Service, or upon any earlier demand by us at any time, you will cease all access and/or use of the Services or such password protected portion of the Services, and will not attempt to access and/or use same.

H. Copyright Infringement Claims. My New Doctor respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, summarized as follows: (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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online service are covered by a single notification, a representative list of such works at that Service; (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 us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has 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; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.

I. Designated Copyright Agent. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to our Designated Copyright Agent using the following contact information:

MY NEW DOCTOR DESIGNATED COPYRIGHT AGENT CONTACT INFO:
Telephone: 615-465-7000
Email: copyright@mynewdoctor.com
Postal Address: My New Doctor Designated Copyright Agent
Community Health Systems, Inc.
4000 Meridian Blvd
Franklin, TN 37067

INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.

11. Miscellaneous

A. Choice of Law. Your use of this Website and Services shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and this website will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Tennessee.

B. Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

C. Headings. Section headings and other captions in these Terms of Use are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms of Use.

D. Survival. The provisions of the following sections shall survive any termination or expiration of these Terms of Use: User Representations and Warranties, Indemnification, Intellectual Property Rights, and Miscellaneous.

E. No Waiver. The failure of My New Doctor to enforce any provision of these Terms of Use will not be construed as a waiver or limitation of My New Doctor’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Use.

F. Assignment. No assignment, delegation or other conveyance of these Terms of Use may be made by you (by operation of law or otherwise) without the prior written consent of My New Doctor, to be given in its sole discretion. My New Doctor may assign its rights and obligations hereunder to any other party.

G. Statute of Limitations. Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.

H. Agreement Binding. In the event that any provision of these Terms of Use is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.