Last Updated: June, 2014
1. Your Account
The Site is available only to users who can form legally binding contracts under applicable law. By using the Site, you represent and warrant that you are at least eighteen (18) years of age.
In order to use some of the features on the Site, you will be required to register with us and create a user account. It is your responsibility to maintain the confidentiality of your account information, including your username and password. In addition, you are responsible for all activities that occur in connection with your account and you agree to notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any loss you incur due to any unauthorized use of your account. You agree to provide us with accurate, current and complete information and promptly update any such information to keep it accurate, current and complete.
2. No Medical Advice
The information (as defined below) available on the Site is for educational and/or informational purposes only, and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care professional. Any communication between you and a health or wellness professional (such term shall include, but not be limited to, doctors, dentists, aestheticians, beauty professionals and any other specialist or expert featured on the Site) through the Site is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship, as defined by applicable federal and state law. Your reliance on any information available through the Site, whether or not provided by a health or wellness professional, is solely at your own risk. You should always seek the advice of your physician or qualified health care professional for any questions you may have about your own medical condition.
3. Disclaimer of Referrals
In addition to the other restrictions, requirements and disclaimers set forth in these Terms, if you choose to use any of our referral tools (such as asking a question for, interacting with, making an appointment with or otherwise seeking assistance from, any of the health, wellness or beauty professionals featured on the Site), you hereby agree and acknowledge as follows:
- We expressly disclaim all representations and warranties of any kind with respect to any health or wellness professional that is or may be featured on the Site;
- The information available on the Site (including the content contributed by a health or wellness professional) is not intended to constitute, replace or otherwise be a substitute for professional medical advice;
- We do not guarantee the success, quality of care or availability of any health or wellness professionals featured on the Site;
- We do not recommend or endorse any procedures, perspectives or products that may be featured on the Site as safe, suitable or appropriate for any particular user or in any capacity; and
- We are not a party to any agreement that may be entered into between a user and a health or wellness professional listed on the Site.
You are solely responsible for assessing the integrity, honesty and trustworthiness of all health and wellness professionals with whom you may communicate or from whom you engage for services. In addition, a provider’s participation with specific health care plans change frequently, and we always recommend that you check with the provider directly regarding his/her insurance affiliations.
4. Our Content and Grant of Limited License
All content available through the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Charlotte’s Book, its principals, licensors or content providers, and is protected by copyright, trademark and other applicable intellectual property laws.
Charlotte’s Book grants you a limited license to access the Site and make personal use of the Site and Service. Unless indicated to the contrary, you may access, copy, download and print the content available on the Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in such content. Charlotte’s Book or its principals, licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Charlotte’s Book’s sole discretion.
5. User Submissions
You acknowledge that you are responsible for any User Submission you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such User Submission. A “User Submission” shall include any content you contribute to the Site such as posting or submitting reviews, comments, questions, messages, photographs, videos or any other materials to the Site. You understand and agree that your User Submissions are non-confidential and are publicly available for anyone to view through the Site.
We do not claim ownership of any User Submissions you post to the Site. However, by posting a User Submission, you are expressly granting Charlotte’s Book a nonexclusive, irrevocable, world-wide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit such User Submission, in connection with the Site and Charlotte’s Book’s business, including without limitation promoting and redistributing part or all of the Site or Charlotte’s Book’s business, in any media formats and through any media channels now known or hereafter developed.
You further represent and warrant that you have all rights necessary to post or submit such User Submission and to grant the licenses and permissions described above.
6. User Conduct
You may use the Site only to post reviews based on your personal experiences and to communicate with other community members about health and wellness matters. For example, and without limiting the foregoing, you may not use the Site to post any User Submissions (including reviews, questions, answers or other content) that:
- Praise, recommend, describe positive experiences with, or otherwise promote a product, service or procedure that you or your employer sells, markets, distributes or performs;
- Praise, recommend, describe positive experiences with, or otherwise promote a health care professional or other person that is yourself or someone to whom you are related or with whom you work;
- Praise, recommend, describe positive experiences with, or otherwise promote a business you own or by whom you are employed;
- Are false or misleading, including reviews that are fabricated or exaggerate positive results; or
- Are repetitive or duplicative with respect to the product, service, procedure, business, health care professional, or other person about which they concern; or
- Are for, on behalf of, or at the request of another person, if such other person would violate any of the above by posting such content.
Additionally, you may not:
- Use the Site or register as a member of Charlotte’s Book if you are under 18.
- Use the Site in any way or for any purpose that is against any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction.
- Use the Site to exploit, solicit or harm minors;
- Post or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
- Promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
- Post any confidential or personally identifying information belonging to yourself or another person;
- Provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
- Impersonate or pretend to be any person other than yourself;
- Use the Site to attempt to solicit business or direct website visitors to another site for commercial purposes;
- Use any data mining, robots, or similar data gathering and extraction tools;
- Post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
- Attempt to interfere with or disrupt the Site or any person’s ability to use the Site; or
- Use the Site for any purposes for which it is not intended.
Charlotte’s Book is not obligated to enforce these Terms against another user, health or wellness professional or other third party on your behalf. If you believe another user, health or wellness professional or other third party has violated these Terms, please contact us at [email protected] Charlotte’s Book reserves the right to investigate the matter and take whatever action Charlotte’s Book deems appropriate in its sole discretion.
7. Reviews or Content Posted by Other Users or Third Parties
Charlotte’s Book is not responsible for any User Submissions or content posted by other users, health or wellness professionals or other third party content providers on the Site. We do not pre-screen, monitor or review any User Submissions or content before it is posted to the Site. However, we reserve the right (but have no obligation) to remove any User Submissions or content in whole or in part, that doesn’t comply with these Terms, is inappropriate, inaccurate or is otherwise undesirable, in our sole discretion.
You acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Charlotte’s Book and that Charlotte’s Book does not make any representations or warranties about the accuracy or reliability of any User Submissions or content, including the opinions, statements or information posted by users, health or wellness professionals or other third party content providers on the Site.
Charlotte’s Book does not endorse or recommend any specific procedures, products, opinions, health or wellness or any other material or information available on the Site. In addition, the health and wellness professionals featured on the Site are not employees or independent contractors of Charlotte’s Book.
8. Copyright Infringement
Charlotte’s Book has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that Charlotte’s Book has adopted and reasonably implemented a policy that provides for the termination of access, in appropriate circumstances, to users who are repeat copyright infringers. Charlotte’s Book may, in appropriate circumstances and at its discretion, disable and/or terminate access to users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. 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 a description of where the material that you claim is infringing is located on the Site;
d. your address, telephone number, and, if available, email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached via mail at the following address:
Charlotte’s Group LLC
Attn: Copyright Agent
655 Sixth Avenue, 5E
New York, NY 10010
9. Compliance with HIPAA
10.Links to Other Websites
The Site may contain links to third-party websites that are not owned or controlled by Charlotte’s Book. These links are provided solely as a convenience to you and do not constitute an endorsement by Charlotte’s Book of the content on such websites nor of the business practices of those operating those websites. Charlotte’s Book has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Charlotte’s Book is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
11. Disclaimer of Warranties
CHARLOTTE’S BOOK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION, PRODUCTS OR SERVICES FEATURED ON THE SITE. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE ANY PRODUCTS OR SERVICES FEATURED ON THE SITE SHALL DO SO AT HIS/HER OWN RISK.
NONE OF THE INFORMATION PROVIDED ON CHARLOTTE’S BOOK SHALL BE DEEMED THE PROVISION OF MEDICAL SERVICES, ADVICE OR RECOMMENDATIONS BY CHARLOTTE’S BOOK, AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR YOUR CONSULTATION WITH A LICENSED MEDICAL PROFESSIONAL (E.G., PHYSICIAN). CHARLOTTE’S BOOK HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN RESPECT OF THE PROCEDURES, PRODUCTS AND SERVICES THAT ARE OR MAY BE FEATURED ON CHARLOTTE’S BOOK, AND FROM THE HEALTH OR WELLNESS PROFESSIONALS LISTED ON CHARLOTTE’S BOOK FROM TIME TO TIME. THE INFORMATION, PRODUCTS, SERVICES AND OTHER MATERIALS PROVIDED ON CHARLOTTE’S BOOK, INCLUDING THE NAMES, BACKGROUND, PROFESSIONAL AFFILIATIONS AND CONTACT INFORMATION OF ANY HEALTH OR WELLNESS PROFESSIONAL, IS DONE SO MERELY FOR YOUR CONVENIENCE, AND SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF ANY KIND BY CHARLOTTE’S BOOK. YOUR DECISION TO SEEK CARE FROM ANY PROFESSIONAL(S) LISTED ON CHARLOTTE’S BOOK IS AT YOUR SOLE RISK. CHARLOTTE’S BOOK OFFERS NO GURANTY WHATSOEVER IN RESPECT OF THE RELIABILITY, ACCURACY, QUALITY OR OUTCOME OF ANY CARE PROVIDED BY SUCH PROFESSIONALS AND/OR AS TO THE EFFICACY OF ANY PRODUCT OR SERVICE FEATURED ON CHARLOTTE’S BOOK. THIS SITE IS NOT INTENDED TO CONSTITUTE, REPLACE OR BE A SUBSTITUTE FOR ANY KIND FOR PROFESSIONAL ADVICE OR GUIDANCE. FOR ANY MEDICAL RELATED QUESTIONS, PLEASE SEE A LICENSED HEALTH CARE PROFESSIONAL OF YOUR CHOOSING AS SOON AS PRACTICABLE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
12. Limitation of Liability
IN NO EVENT WILL CHARLOTTE’S BOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF CHARLOTTE’S BOOK OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHARLOTTE’S BOOK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold us harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, including without limitation any violation of our policies; (b) your wrongful or improper use of the Site; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or any intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any other party’s access and/or use of the Site with your unique username, password or other appropriate security code.
14. Modifications to these Terms, the Site and Service
Charlotte’s Book reserves the right to make changes to the Site, Service, these Terms and our other policies. If Charlotte’s Book makes material changes to these Terms or our other policies, then Charlotte’s Book will either notify you by email or by posting a notice on the Site prior to the effective date of the changes. Charlotte’s Book will also indicate at the top of this page the date these Terms were last updated. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Site.
15. Termination of Service
We may cancel or suspend your account or your access to the Site at any time. Our cancellation or suspension may be without cause and/or without notice. You may cancel the Site at any time, with or without cause, upon notice to us as specified on your user account page. Once the Site is cancelled or suspended, any data you have stored on the Site may not be retrieved later. In addition, if you stop the Site or terminate your account, Charlotte’s Book may continue to show some or all of your User Submissions.
Miscellaneous. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. These Terms constitute the entire agreement and understanding between you and Charlotte’s Book with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Governing Law/Dispute Resolution. These Terms shall be governed by the laws of the State of New York, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Any controversy or claim (except those regarding intellectual property) arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each party will have a right to seek injunctive or other equitable relief in a court of law. The prevailing party will be entitled to receive from the nonprevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. You hereby consent to the arbitration in the State of New York, in the County of New York.
Non-Assignment. You may not assign or transfer its rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent.
Notices. For contractual purposes, user consents to receive communications from Charlotte’s Book in electronic format and agrees that all communications electronically received from Charlotte’s Book will satisfy the legal requirement that such communications be in writing, if any. The foregoing does not affect user’s statutory rights.
Contact Information. If you have any questions about these Terms, please contact us via email at [email protected] or regular mail at the following address:
Charlotte’s Group LLC
655 Sixth Avenue, 5E
New York, NY 10010
Copyright © 2014. Charlotte’s Group LLC. All Rights Reserved.