Terms of Service
Terms & Conditions
At DoctorBase Inc. our mission is to provide healthcare providers and their patients easier ways to communicate, be found, and grow online.
We take patient privacy seriously and take all reasonable precautions with both our software and websites to ensure HIPAA compliance.
Medical practices (Healthcare Providers) that are listed in any DoctorBase search result may appear at the top of the search results as sponsored listings, as these medical practices may be paying DoctorBase to appear at the top of these listings. These top positions, patient reviews, and patient photos do NOT imply that DoctorBase believes or endorses the services of that medical practice to be superior over any other.
DoctorBase does NOT endorse any particular search result, medical practice, doctor, consultant, medications, Provider User, medical devices, pharmaceutical products, health plans or insurance services that are listed on DoctorBase websites or that appear through the use of DoctorBase Software.
DOCTORBASE STRONGLY SUGGESTS THAT EACH PATIENT USER AND POTENTIAL PATIENT OF ANY MEDICAL PRACTICE HAVE MULTIPLE MEETINGS WITH MULTIPLE, DIFFERENT MEDICAL PRACTICES TO BE ABLE TO MAKE A FULLY INFORMED HEALTH-CARE DECISION.
DOCTORBASE DOES NOT PROMOTE, ENDORSE, VALIDATE, OR VERIFY ANY REVIEW LEFT ON DOCTORBASE. NO REVIEWS SHOULD BE CONSTRUED AS TRUTH, ACCURATE, MEDICAL RECOMMENDATIONS, MEDICAL ADVICE, OR LEGAL ADVICE.
“Personal Health Information” is data supplied by Patient Users that details name, email, phone number, address, questions of a medical nature asked to a Provider User or medical practice.
“Provider User” is a person, persons or entity that provides healthcare services to Patient Users and is a user of our Free Claimed Listings, Blog Service, Website Services, Marketing Services, Technical Support Services, Cub Software, Panda Software, Panda Pops Software, Sleuth Enterprise Software or Panda Premium Consulting Services – collectively referred to herein as “DoctorBase Software.”
“DoctorBase Software” is defined as any application provided by DoctorBase which acts as a messaging, content collection & delivery or marketing system.
“Patient User” is defined as a person or persons using DoctorBase websites or software to research, communicate with, or receive messages from DoctorBase or its Provider Users.
“Free Claimed Listing” is defined as a profile page on DoctorBase websites that detail information about a healthcare provider or entity’s contact information, clinical information or other identifiable information that Patient Users and others can view in order to make care decisions or conduct research. Such information about the Provider User may be provided by the Provider User or their employees or associates, or may be collected from 3rd party sites as well as from Patient Users.
“User Generated Content” is defined as any content that is created by or uploaded by Patient Users or by Provider Users and their employees or associates.
“Users” mean Patient Users, Provider Users, Peers of Provider Users, Advertisers or Organization using DoctorBase, and Users of DoctorBase websites and DoctorBase software.
II. How DoctorBase Uses PHI
While we may take Patient User personal data and PHI as an aggregate collection of data for marketing, messaging and analytics purposes, DoctorBase does not reveal your personal data or PHI to the public, nor to any of its participating Provider Users, unless specifically requested to do so by the Patient User.
III. Free Claimed Listings
Provider Users who sign up for DoctorBase’s Free Claimed Listings are free to upload content which it feels will be beneficial for Patient Users and the Public, however, Provider User agrees not to upload any content that is libelous, pornographic in nature, inaccurate, violates ethical guidelines of State or Federal licensing or governing boards, content that is not licensed to them for use, is inflammatory, or violates copyrights, trade secrets or patents.
In consideration for DoctorBase offering Free Claimed Listings and paying for data, software development, site hosting and bandwidth, Provider User agrees that all uploaded content belongs to the Provider User or its assignees, but that Provider User agrees to grant DoctorBase an irrevocable and perpetual license to display and share such content.
DoctorBase reserves the right to remove or edit a Provider User’s Free Claimed Listing for any reason, at any time without prior notice. Provider Users agree to hold DoctorBase and its employees & owners harmless from any errors or site downtime that may occur on or through the use of the Free Claimed Listings pages. Provider User also agrees to be bound to the Reviews Policy stated forth in Section IV of these Terms & Conditions.
DoctorBase reserves the right to place advertisements or messages from 3rd parties on Free Claimed Listings web pages as well as free versions of DoctorBase Software. Such advertisements or messages from 3rd parties may be visible to Patient Users as well as Provider Users and their employees and associates.
Provider Users agree that Provider Users may receive messages from DoctorBase staff or from DoctorBase on behalf of 3rd party entities by email or SMS. Provider Users may not opt out of receiving such messages as long as they are using their Free Claimed Listings or free features of DoctorBase Software. Provider Users paying for DoctorBase Software or Services may opt out at any time by emailing info at DoctorBase dot com.
IV. Reviews Policy
DoctorBase does not endorse, validate as accurate, or necessarily agree with any of the reviews and other User Generated Content from Patient Users or Provider Users left on DoctorBase websites or through DoctorBase Software.
DoctorBase may attempt to have a live human read submitted reviews, and those that may be deemed by our editorial staff to be libelous, inaccurate, pornographic, spammy, inflammatory or lack correct email or other requested contact information may be denied publication onto our websites or through DoctorBase Software. This review process may take up to 72 business hours. DoctorBase does not guarantee that a human will read every review. DoctorBase does not warranty the validity or accuracy of any review nor does it support, sponsor or endorse any review as the opinions of DoctorBase.
In order to attempt to provide feedback and improve the level of service Provider Users provide to Patient Users, Provider Users may be alerted that a positive or negative review or feedback has been written about them. Patient Users and Peers of Provider Users may also leave reviews by verifying their identity via Facebook or Twitter, or their DoctorBase login ID, or post anonymously. Such reviews may be viewable by the public and may – at the reviewer’s discretion – also be posted to their Twitter “tweets” and/or Facebook Wall for those in their network to view. Only 4 or 5 star reviews of doctors have the ability to post on Facebook or Twitter through DoctorBase.
Patient Users and Peers who leave reviews agree that other users as well as other healthcare providers and professionals may contact them through the ability to send private messages through DoctorBase. This does NOT mean that DoctorBase releases the email address provided in the Review or Registration process to any 3rd parties. Such messages between website visitors is done through DoctorBase Software. HOWEVER, should any reviewer choose to reply to another user via their own email application or email client once a DoctorBase message is received in their email inbox, their emails will be identifiable and trackable as any other email message sent from their computer. For anonymity DoctorBase recommends sending all correspondence through DoctorBase Software choosing the private message features.
All communications are attempted to be transmitted securely and are only seen by either DoctorBase staff and the Provider User and their employees or associates, but DoctorBase does not guarantee the HIPAA compliancy or security of any message sent or received using DoctorBase web pages or DoctorBase Software.
Patients may request removal of their reviews at any time by emailing reviews at doctorbase dot com with the subject line: “Remove Review.”
DoctorBase does not permit the use of 3rd party services to post reviews on behalf of Patient Users or Provider Users.
V. Callback, Email, Text Message, and Information & Appointment Requests
When requesting a callback or communicating with a Provider User through DoctorBase, Patient Users are agreeing that their information may be transmitted to DoctorBase in order for their information to be sent to that medical office, or to be contacted by DoctorBase for human assistance should they request it, as well as to be stored in a database on the Provider User’s behalf for record-keeping & documentation. Your information will not be sold or shared with any other 3rd party entity except for the Provider User and their employees or associates, and every reasonable security measure will be taken to ensure the integrity and privacy of information and communications.
While DoctorBase may attempt to aggregate multiple sources of publicly available information, Patient Users agree that it is the responsibility of the Patient Users to verify the abilities, licensure or board-certification of any medical practice, healthcare product, medical device, Provider User, healthcare provider, insurance product & services or consultant appearing on DoctorBase websites or on DoctorBase Software. Patient Users agree to hold DoctorBase and its employees & owners harmless from any damages that may result from the use of the information listed on our websites or through the use of DoctorBase Software.
Messages to Provider Users are sent through DoctorBase Software and such messages can only be seen by DoctorBase and the Provider User’s office that Patient Users have requested contact with. DoctorBase does NOT sell, share, or make public such communications unless that Patient User explicitly asks us to or gives permission to by making their posts or reviews public on DoctorBase websites and/or 3rd party websites such as Twitter, Facebook and Google by use of DoctorBase Software, or if Patient Users request that their medical information be sent to another party for referral purposes.
VI. HIPAA Security & Compliance
DoctorBase adheres to Federal HIPAA compliance standards and uses 128 bit encryption or 256 bit encryption on all forms pages where visitors would submit personal data or personal health information (PHI). However, HIPAA privacy and information security are NOT guaranteed.
In some instances and when visiting certain pages of our websites, DoctorBase websites may need to install cookies to improve the user experience or employ some of the security or marketing features of our websites.
Visitors can register with any of DoctorBase’s websites without cost or obligation. Visitor registration is defined as when a visitor uses one of our secure website forms to contact a Provider User or other medical or healthcare entity, to request more information, to request pricing, or to request a callback from DoctorBase staff.
IX. Newsletters, SMS and Email Notifications
DoctorBase’s websites may occasionally send email or SMS information to our Provider Users and Patient Users regarding upcoming events from either DoctorBase or from a 3rd party advertising through DoctorBase or from a Provider User. DoctorBase is not responsible for any SMS or data charges incurred from such communications.
DoctorBase Software and Provider Users may initiate telephone transmission to contact our registered visitors for appointment reminders, patient consultations, insurance plan coverage consultations, or to relay changes to our Terms & Conditions.
Should DoctorBase be involved in a sale, merger or acquisition, we would notify our registered visitors and registered users to any changes to the Terms & Conditions.
X. Links to 3rd Party Websites & Resources
DoctorBase’s websites may list 3rd party websites and resources that are not affiliated with DoctorBase or its family of websites. Such 3rd party websites and resources are listed to provide access to publicly available information to our website visitors and registered visitors & users.
DoctorBase does NOT verify, validate, or support any of these 3rd party websites or resources, nor do we necessarily AGREE with, endorse, or support the opinions of the content on any 3rd party website or resource.
DoctorBase may, at its sole discretion, place 3rd party websites in an “i-Frame” that allows our website visitors to surf other websites while having a DoctorBase “toolbar” placed above or to the side of the 3rd party website.
XI. Use of DoctorBase Software
Provider Users and Patient Users agree not to attempt to break, reverse engineer, install Trojan horses, spam or copy DoctorBase Software.
DoctorBase Software may, at the request of the Provider User, extract PHI from Provider User’s database(s) in order to send Patient Users appointment reminders, re-care messages, birthday messages and other messaging related to patient care or aesthetic services.
Provider Users agree that they will receive permission from Patient Users in order to message them in accord with HIPAA, State and Federal regulations and in accord with the CANSPAM Act.
Provider Users and Patient Users AGREE that DoctorBase and its employees and owners will be held harmless from any bugs, errors, system downtime, integration or extraction errors, damages of any kind, or any communication errors resulting from the use of DoctorBase websites or DoctorBase Software.
XII. Request of Removal from DoctorBase Websites
Requests for medical practices to be removed from our listing may be requested at info at doctorbase dot com.
or fax us a letter at 415-520-6081 or by mail at:
576 Sacramento Street
San Francisco, CA 94111
XIII. 3rd Party Reviews & Opinions
DoctorBase may attempt to aggregate reviews of private and public medical practices, medical insurance plans, pharmaceutical products, medical devices, medical insurance brokers and brokerages, health insurance agents, and medical consultants and health-care related marketing agencies & services. These reviews and opinions are listed along with the source, which the content is originally from in efforts to provide as much transparency into publicly available information including patient reviews and opinions of those products and services. DoctorBase does not support or endorse or validate the opinions or content from any 3rd party website or resource, and DoctorBase can NOT verify the accuracy or truth of any content on any 3rd party website mentioned, linked to, or appearing as an advertisement on any DoctorBase website or DoctorBase Software.
DoctorBase Software may attempt to send automated or human-based alerts to Provider Users when reviews of them are left on 3rd party websites, but DoctorBase does not guarantee the accuracy or completeness or timeliness of such alerts. DoctorBase does NOT guarantee that all reviews left for Provider Users can be found on 3rd party websites or alerted to.
Such alerts can be sent to the cell phone or email address of record provided in the Free Claimed Listings by the Provider User or left on record with DoctorBase staff by Provider Users.
XIV. Terms of Reviews
Registered visitors and users must AGREE that posting any reviews of any medical practice must not infringe on any 3rd party copyrights or trademarks. Any statements that are untrue, defamatory, libelous, abusive, violate Federal HIPAA laws as well as state or Federal laws on patient data privacy are unlawful. Patient users also AGREE that they have actually consulted with or been a patient of said medical service or product or Provider User they are reviewing, unless otherwise explicitly stated in the review, post, submitted article or submitted image. All submitted reviews and other content become the property of DoctorBase. Patient Users, Provider Users and Peers of Provider Users AGREE that by logging in through Facebook or through Twitter, or by using your name and/or likeness, you agree that DoctorBase has the right to display such information publicly on our websites or on DoctorBase Software.
Provider Practices may opt to have their patient testimonials transcribed onto the web by DoctorBase’s patient coordinators, the offices of the medical practices directly, or through DoctorBase Software. Provider Practices uploading, transcribing, or using DoctorBase’s transcription & upload services AGREE that all patient testimonials submitted and published are accurate and have the patient’s consent, and do not violate HIPAA laws or state PHI regulations and the ethical guidelines of professional medical associations including but not limited to: AMA, ABMS, ASPS, ADA as well as state and local medical and private practice boards and governing bodies.
DoctorBase reserves the right to refuse to publish any patient review provided by Provider Users at its sole discretion.
XVI. Submitted Content
Users AGREE that all submitted content, reviews, ratings, articles, opinions, forum postings, Ask Expert questions, links and submitted content (including image assets such as videos and pictures) are granted to DoctorBase under an irrevocable, perpetual license for publication or reuse. By submitting any content to DoctorBase websites or through DoctorBase Software, Users AGREE that DoctorBase may re-use and re-purpose the content for commercial or information purposes.
XVII. User Generated Content Disputes
Provider Users and Patient Users who believe their post, submitted article, comment, question, review or message was unfairly removed or posted may contact info at doctorbase dot com
or fax us a letter at 415-520-6081 or by mail at:
DoctorBase – Patient Disputes
576 Sacramento Street
San Francisco, CA 94111
DoctorBase reserves the right to change the terms of our Terms & Conditions at any time without notice.
XIV. Appointment Requests
Appointment requests made on any DoctorBase websites or through DoctorBase Software constitutes AGREEING to give DoctorBase and its employees permission to collect PHI and, if so requested by the Patient User, initiate a conference-call to a participating medical practice in our network of sponsoring or non-sponsoring medical practices. DoctorBase may, at it’s sole discretion, offer the patient a conference call bridge or convey by email, phone, SMS or fax the information of a healthcare provider regardless of whether they are sponsoring providers, non-sponsoring providers or have no affiliation with DoctorBase.
You AGREE that registering for DoctorBase or its family of websites, including any request forms or use of communications features, constitutes a request for DoctorBase Software or employees to send email, fax, phone call, or SMS reminders about upcoming appointments, special offers, and upcoming events. DoctorBase is not responsible for any text messaging or data transmission fees incurred by the User.
Patient Users and Provider Users can opt out of receiving any messages from DoctorBase by emailing info at DoctorBase dot com.
XXI. Accuracy of Content
DoctorBase does NOT guarantee the validity, accuracy, of truthfulness of any of its user generated reviews from Users, website visitors, or software users. DoctorBase does NOT endorse and guarantee the accuracy of any user generated content. Medical private practices can submit their requests for reviews or removals or edits of user generated content, submitted articles, or posts to info at doctorbase dot com.
or fax us a letter at 415-520-6081 or by mail at:
576 Sacramento Street
San Francisco, CA 94111
XXII. Sending Medical Practices Photos
DoctorBase and its websites make a best-efforts attempt to upload and transmit your photos securely and privately so that only DoctorBase employees, DoctorBase patient coordinators, and the employees and doctors or consultants of the medical practices you choose to transmit your pictures to receive them. DoctorBase does NOT guarantee the security or privacy of such photos, though it takes reasonable precautions to safeguard your information.
XXIII. Using DoctorBase for Solicitation or Submitting Automated Requests
Screen-scraping, automated search requests by bots, or manually searching DoctorBase websites for medical practice information for the use of solicitation is strictly prohibited.
XXIV. User Conduct
Users AGREE that any website content or experience that is the result of navigating to a 3rd party website or 3rd party resource or advertiser is not the responsibility of DoctorBase or its employees and owners.
DoctorBase reserves the right to terminate service, without notice, to its websites or online software or online databases at anytime for potential violations of our Terms & Conditions.
XXVI. Limitation of Liability
The entire risk resulting from the use of DoctorBase websites or DoctorBase Software rests with the Users. In no event shall DoctorBase, its licensors or content providers or any of their respective officers, owners, directors, or employees be liable for any and all damages arising from the use of any DoctorBase website, software, or online assets including but not limited to software, SMS, email and web databases and directories.
XXIV. Premium Services Fee Schedule
While Free Claimed Listings and certain features of DoctorBase are free to licensed Provider Users, certain DoctorBase Software features and marketing services have a fee.
Panda Software is $145/month per Provider User with a one time $99 set up fee per Provider User. All services are month to month and Provider Users may cancel at anytime with 30 days written notice to accounts at DoctorBase dot com or by fax to 415-520-6081. No refunds or credits for partial months of service can be given.
Premium Consulting Services include Panda Cub Software and marketing consulting services, and are priced at $2,925 prepaid for the year or $300 per month with a twelve month commitment. There are no cancellations of Premium Consulting Services allowed.
XXV. Opt Out and Cancellation
If Patient Users or Provider Users decide to not receive further contact or communication of any kind from DoctorBase websites or by DoctorBase Software or desire to have a Free Claimed Listing removed, they may make this request by contacting info at DoctorBase dot com. Or Fax us a letter at 415-520-6081 or mail us at:
576 Sacramento Street
San Francisco, CA 94111
Provider Users of Free Claimed Listings who are not paying for DoctorBase Software or Premium Consulting Services may not opt out of receiving communications from DoctorBase without risk of losing their Free Claimed Listing or free DoctorBase Software features.
XXVII. Jurisdiction and Governing Law
All Users AGREE that the exclusive remedy for all disputes and claims relating in any way to, or arising out of these Terms & Conditions shall be determined exclusively by courts in the State of California, County of San Francisco.
In any proceeding of any kind arising out of or otherwise related to the Service, the prevailing party will have the right to recover its costs and reasonable fees of attorneys, accountants and other professionals. Without limiting the generality of the foregoing, if you, contrary to these Terms & Conditions, attempt to bring suit or assert any other form of claim against DoctorBase Inc. in any forum other than a court in the County of San Francisco, California, you acknowledge that DoctorBase may, at its sole discretion, challenge such forum’s jurisdiction over DoctorBase.
These Terms & Conditions will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, and the application of thereof is hereby expressly excluded.