Terms of Use


Welcomes you on signing up for our CallingDr Telemedicine platform. The terms and conditions of the Services, are set out in this document, which we refer to as the Agreement. By downloading the CallingDr App or using the Service through the CallingDr website , you are representing to us that you are over the age of 18 and capable of entering into and being bound by the terms and conditions of this Agreement, that you agree to the terms and conditions of this Agreement, and that the information you provide to us to set up a Service account is true and complete in all respects. If you do not agree to these terms, you cannot use the Service, and you should immediately remove and delete the App from all your mobile devices.

Revisions to the Agreement:

MyApps Corp may revise this Agreement from time to time for CallingDr Services and platforms (apps,website). When we do so, we will post the new version of the Agreement on our website and send you an email at the email address you provided to us or send you a message through the Service. The updated Agreement will be effective 30 days after publication or the sending of the notice. If you do not agree to the revised Agreement, you should stop using the Service and delete the App. Your continued use of the Service after the Agreement has been revised will constitute your acceptance of the revised Agreement.

CALLINGDR is NOT FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Although Providers who are highly skilled and trained in their area of expertise, use our Service to communicate with you. CallingDr does not provide any physicians' or other providers' services itself. Any information or advice received from a provider comes from them alone, and not from CallingDr. You are solely responsible for all information and/or communication sent during a video/telephone/email consultation or other communication. CallingDr does not guarantee that a video/telephone/consultation is the appropriate course of treatment for your particular health care problem. CallingDr reserves the right to access your current location in the event of a medical emergency and to call 911 on patient’s behalf.

Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither CallingDr, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the website. CallingDr does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use CallingDr to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith. CallingDr does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.

License to Use the Service and App:

MyApps Developers provides the Service to you under a non-exclusive, non-transferable, revocable license, or right to use. Your rights to use the Service and the App are personal to you and you may only use the Service for lawful purposes and in a manner consistent with all laws. We reserve the right to modify, interrupt, suspend, or terminate the Service or your access to the Service at any time and with or without notice to you.

We retain ownership over all components of the Service, including the App that you download and use to access the Service, and all related Intellectual Property Rights (which includes by way of example, copyrights, trademarks, service marks, patents, and applications for the same, and trade secrets) underlying and related to the Service and the App remains with MyApps Corp, and its licensors. You may not use any of this property except as permitted by this Agreement. Under the license that we grant you, you may access the website to use the Service, and you may download and install the App on your compatible mobile devices, and use it for purposes of communicating with other users of the Service, but only as long as you continue to subscribe to the Service and abide by the terms of this Agreement. You and the individuals with whom you communicate own the content of the messages transmitted through the App or website. You warrant to us that you own or have sufficient rights to communicate and store Content that you transmit through and store within the Service and that no such Content will infringe or violate any Intellectual Property Rights of any other person. You agree to indemnify MyApps Corp and our licensors and suppliers against all losses, expenses, and liabilities resulting from any third party claim that Content does so infringe. You grant MyApps Corp the right to create a record of, distribute, copy, perform, display, and store the Content in connection with the provision and administration of the Service.

While MyApps Corp prohibits certain conduct and content as noted below, you understand and agree that we are not responsible for any Content transmitted between our users. Despite the restrictions, we set for use of the Service, you may still receive offensive or unlawful content. You assume all risk associated with the use of the Service

The App, as updated by us from time to time, is protected under U.S. copyright law and international copyright treaties. You may not publish, sell, distribute, lend, lease, rent, or sublicense the App. You are also not permitted to reverse engineer or decompile or attempt to derive the source code of, the App, or copy, modify, or make derivative works from it. We provide you the App, including all updated versions, as a part of the Service. If your Service account expires or is terminated, your right and license to use the App also terminates.

Prescriptions:

The Providers do not prescribe Narcotic medications under any circumstances. Each state has its own rules and regulations in regards to writing prescriptions, prescriptions may not be available in your state. The Provider has sole discretion as to whether or not a prescription is appropriate, as well as to the quantity, and there is no guarantee a Provider will write a prescription. Although a Provider may write a prescription using CallingDr, CallingDr is not a pharmacy and CallingDr shall not provide any medication to you. You must obtain those from a pharmacy. CallingDr does not guarantee that a prescription will be written.

Cost of the Service:

Limited use of the Patient App and Patient Could website is free for Patients.

Retention of the data:

Due to fair usage policy, all the customers will be given fair chance to use the services and the make the service cost effective. Data retention policy is in place.

Appropriate Use of the Service:

In consideration for the license to use the Service and the App, you agree to comply with all laws and regulation in connection with your use of the Service and you shall not take or attempt any actions with the intent to

  • Remove, avoid, or defeat the purpose of any copy protection associated with the App or the Service
  • Avoid, circumvent, defeat, or compromise any security feature or authentication protocols associated with the Service, or engage in malicious attacks on the Service, including but not limited to SQL injection, port scan, denial of service attacks, and reverse engineering of security measures, deconstruction or public sharing of proprietary code
  • Intercept, capture, monitor, modify or redirect any message transmitted through the Service that is not addressed to you
  • Interrupt, distort, damage, or alter the Service, the App, or any other computer application or system owned or maintained by others by use of computer code, signals, transmissions or another mechanism, including but not limited to a spider, virus, worm, trojan-horse, time bomb or the like
  • Transmit, forward, or redirect
    1. Any unsolicited communication not permitted by applicable law
    2. Content that is offensive, harmful to minors, indecent, libelous, defamatory, pornographic, abusive or otherwise objectionable in any way or
  • Spoof, impersonate, or falsely represent yourself through the Service.
  • Threaten, harass or invade the privacy of, any third party

You agree to indemnify MyApps Developers,LLC and our licensors and suppliers against all losses, expenses and liabilities resulting from or arising out of any breach you any of the foregoing obligations and restrictions on your use of the Service or the App, or your use of the Service in violation of rights of any other person or of any law.

You acknowledge and agree that MyApps Corp does not control, maintain, review or oversee any Content communicated through App & Website. You are strictly responsible for the proper handling and safeguarding of all such Content while in your possession or under control of you or persons to whom the Content is transmitted using your account. You agree that we have the right, which we may or not exercise from time to time, to delete or remove Content that we believe is or may be infringing, libelous, defamatory, pornographic, obscene, or otherwise illegal or objectionable.

Because messages you send through the Service travel over the internet, we cannot guarantee that they will be delivered to the recipient or delivered in a timely fashion. You are responsible for confirming that your communications and Content are received and read by the intended recipient, whether or not the communication is urgent or containing critical or medically sensitive information.

3. Your Account

A. Create an Account

In order to access and use CallingDr, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself including, but not limited to, your name, mailing address, phone number, email and establish a username and a password. You agree to provide accurate, current and complete information about your Account. You also agree to the following:

When creating an Account, do not:

  • provide any false personal information to us (including a false username or email address) or create any account for anyone other than yourself without such other person’s permission;
  • use a username that is the name of another person with the intent to impersonate that person;
  • use a username that is subject to rights of another person without appropriate authorization; or
  • use a username that is offensive, vulgar or obscene or otherwise in bad taste.

If you are under 18, you may use the CallingDr Services only with involvement of a parent or guardian. To permit you to access CallingDr Services on behalf of a minor child of whom you are a parent or legal guardian, you may establish a subaccount under your name. Any such subaccount is subject to these Terms of Use and the Notice of Privacy Policy. In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the site and the Services. CallingDr may, in its sole discretion, refuse to provide care for actual or potential misuse of these Services, or for noncompliance with these Terms of Use. CallingDr should not be used not see a child without the parent or guardian present.

B. Account Suspension and Termination

Either you or CallingDr may terminate this Agreement at any time upon notice. You shall not be entitled to a refund for payments already made

CallingDr has the right to limit, suspend, discontinue or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms of Use as CallingDr considers appropriate or necessary in its sole discretion, including but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of Use, or (3) the protection of intellectual property. Use of the Service beyond the scope of authorized access granted to you by CallingDr immediately terminates said permission or license or your Account. CallingDr reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, with respect to any breach or threatened breach of these Terms. If CallingDr terminates your account pursuant to this Section, CallingDr reserves the right to deny access to the Service in whole or in part, including, without limitation, removing your data from the CallingDr server, and to refuse to provide the Service to you following such termination.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. CallingDr may contact you by telephone, mail or email to verify your CallingDr Account information. CallingDr may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. CallingDr reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer to CallingDr as requested.

You must keep your information current. Please keep in mind that in order to best serve you, you must maintain current information on account with CallingDr. It is your obligation to maintain current user information such as the following information:

  1. Primary e-mail address
  2. Primary phone number
  3. Home address
  4. Credit Card Information – number, expiration date, billing address, etc.
  5. Medical Records

Failure to maintain accurate records may result in delayed or refusal of service by CallingDr.

If either party terminate this Agreement prior to the end of a calendar month, CallingDr shall not refund to you any fees paid in advance of such termination.

4. Personal Health Information

Your CallingDr is created for you to enter, store and access your personal health information (“PHI”) online, including medical history, current health conditions, symptoms, complaints, allergies , medications, disabilities and for your Provider to record the results of his or her medical encounters via video call with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information provided as part of a video, telephone and/or secure e-mail consultation becomes part of your CallingDr Record. You agree to provide accurate, current and complete information about yourself for your CallingDr Record, to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your CallingDr Record, please see our Privacy Policy. It is your responsibility to confirm any third party information, or information regarding a minor child of whom you are a parent or legal guardian, in your CallingDr account. CallingDr is not responsible for maintaining data arising from use of the CallingDr Services. CallingDr reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the CallingDr Service pursuant to its internal record retention and/or destruction policies. Please note that it is solely your obligation to use and disclose the information included in your CallingDr record in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other participating providers. However, by requesting a consultation through CallingDr could or app , you agree to disclose the contents of your complete record to the provider who will conduct your consultation.

Privacy Policy:

When you download the Application or you sign up for the Service through our website, we may ask you for certain personal information (such as your name and email address) as a condition to using the Service. You understand that when you use App or our web based software. You will be sharing the private information of yourself and the patients with the people you gave access and with MyApps Corp. We have established a Privacy Policy that sets out your rights and expectations and our obligations concerning the collection, use, protection, and sharing of this information. You expressly agree that the Privacy Policy, which can be found on our website is a part of this Agreement.

No Medical Services

Myapps Developers, CallingDr provides the clinical telehealth services to physicians, hospitals and other healthcare provider

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY CALLINGDR OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY CALLINGDR, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH CALLINGDR MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY CALLINGDR, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE M FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, CALLINGDR DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH CALLINGDR.

7. Privacy Policy

By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy, which is incorporated herein and made part of these Terms of Use by reference.

Fees and Payment include consultancy fee(s)

CallingDr may offer a free version of the Service for the patients and it’s users on a trial basis or with limited functionality; otherwise the Service requires a payment. If you sign-up for a paid Service, you agree to pay all subscription and/or membership fees, connect time charges, surcharges, applicable taxes and other charges you incur regarding your use of the Service regardless of whether or not you use the Service. CallingDr will charge you in accordance with the plan you choose. You are responsible to pay all charges associated with the Service, including, without limitation, cellular service, data charges, telephone and computer equipment necessary to access the Service to avoid a disconnection from the Service or a termination of your account. You understand that Services may not be provided or scheduled consultations cancelled if your credit card information is inaccurate or invalid. If you choose to pay via insurance CallingDr will submit your claim to your health insurance provider the cost of the Service and in the event your health insurance provider declines to pay the claim or does not pay the full balance, CallingDr will charge the credit card on file for the service.

  • CallingDr reserves the right to increase fees, surcharges, subscription plans and/or membership fees or to institute new fees at any time for any reason, provided, however that whenever possible, CallingDr will give you reasonable notice of such change. CallingDr may reduce these fees at any time without notice to you. If your account is terminated or canceled, no part of any fees paid is refundable and any credits to your account is not convertible to cash or other form of credit.
  • You authorize CallingDr to charge using your selected payment method, for all applicable fees. CallingDr hat may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
  • Chargeback Waiver: All references to a “chargeback” refer to a full or partial reversal of a credit/debit card charge placed by CallingDr. There is no reason for a chargeback to ever be filed and you waive the right to chargeback or the like. If you feel that your credit/debit card was used fraudulently on CallingDr, please contact us for immediate resolution. You agree that you will not chargeback any amount charged to your credit/debit card on this site. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to Company without notifying Company in advance.
  • A practice or physician rendering services to you using CallingDr also can charge you directly via insurance submitting your claim to your health insurance provider the cost of the Service and in the event your health insurance provider declines to pay the claim or does not pay the full balance, will charge the credit card on file for the service. In such cases you permit CallingDr to pass on your credit card and payment details to your practice and provider

Important Notices to Limitation of Liabilities/Disclaimer of Warranties

  • YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALLINGDR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE.
  • CALLINGDR MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THROUGH THE SERVICE, OR THE SERVICE ITSELF (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED;
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CALLINGDR NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CALLINGDR RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CALLINGDR IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.
  • CALLINGDR DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORAMTION, INSTRUCTIONS, OR GUIDELIENES ACCESSED THROUGH THE SERVICES.
  • CALLINGDR IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR A PROVIDERS, ACTIONS OR INACTIONS OF ANY USER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN CONSULTATION CALL, EVEN IF CALLINGDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
  • CALLINGDR WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED ABOVE;
  • YOU ACKNOWLEDGE THAT CALLINGDR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' OR THIRD PARTY’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR THIRD PARTY TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION;
  • ANY MATERIAL DOWNLOADED, PRODUCTS PURCHASED FROM CALLINGDR, RELIANCE ON ANY INFORMATION IN THE SITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL OR ANY OTHER LOSS CONNECTED THERETO;
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALLINGDR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE;
  • CALLINGDR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE CALLINGDR SERVICES.
  • TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT CALLINGDR'S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES. YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
  • THE CUSTOMER ACKNOWLEDGES AND AGREES THAT TEMPORARY INTERRUPTIONS IN SERVICE MAY OCCUR, AND THAT CALLINGDR SHALL HAVE NO LIABILITY FOR ANY CLAIM, COST, CHARGE, LOSS OR EXPENSE ARISING FROM OR RELATING TO USE OF THE SERVICES. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT DATA MAY BE LOST OR CORRUPTED IN CONNECTION WITH USE OF THE SERVICES. CALLINGDR MAY PERFORM REGULAR BACK-UPS OF ALL DATA STORED, BUT SHALL HAVE NO LIABILITY TO CUSTOMER IN THE EVENT ALL DATA IS LOST OR DESTROYED.
  • CALLINGDR IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR COMPROMISE OF INFORMATION CARRIED OVER LOCAL OR INTERCHANGE TELECOMMUNICATIONS CARRIERS. CALLINGDR IS NOT RESPONSIBLE FOR MAINTAINING INFORMATION ARISING FROM USE OF THE SITE OR IN RESPECT OF THE SERVICES. CALLINGDR RESERVES THE RIGHT TO MAINTAIN, DELETE OR DESTROY ALL COMMUNICATIONS AND INFORMATION POSTED OR UPLOADED TO THE SERVICES IN ACCORDANCE WITH ITS INTERNAL RECORD RETENTION AND/OR DESTRUCTION POLICIES
  • CALLINGDR DOES NOT ENDORSE THE PROMOTIONS, PRODUCTS, OR SERVICES OF ANY THIRD PARTIES. CALLINGDR DOES NOT WARRANT OR VALIDATE THE INFORMATION OF ANY THIRD PARTY ADVERTISEMENTS, PROMOTIONS, COMMUNICATIONS OR OTHER MATERIALS. CALLINGDR DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF INFORMATION CONTAINED IN THIS SITE OR ANY THIRD PARTY WEB SITES.

12. Indemnity

You hereby agree to indemnify, defend and hold harmless MyApps Corp and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability, losses, cause of action, suits, expenses, without limitation, attorneys' fees and costs, incurred in connection with any claim arising out of or related to the these Terms of Service, representations, warranties and covenants, your use or misuse of the Site or the Services, your relationship with any Provider, the content or subject matter of or any information you provide to MyApps Corp, any of its Affiliates, any Provider or customer service agent, and/or any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any information posted on the Site, including, but not limited to, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. You shall cooperate as fully as reasonably required in the defense of any claim. MyApps Corp reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MyApps Corp.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO MyApps Corp AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD.

13. Third Party Protection

The Indemnification and Disclaimers provisions set forth above are for the benefit of MyApps Corp,CallingDr and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Information Resources, Newsletters

By subscribing to CallingDr services you are agreeing to receipt of an email newsletters and other information related to health issues and MyApps Corp business. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by CallingDr. Such information is not a substitute for contacting a Provider or seeking emergency medical care when necessary. CallingDr makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. If you do not wish to receive such communications, you may opt-out at any time by contacting Customer Services.

Force of Nature, Act of God

MyApps Developers , CallingDr shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.

No Waiver:

Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

Governing Law:

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida applicable to agreements wholly to be executed and to be performed therein, and without regard to the United Nations Convention on Contracts for the International Sale of Goods. By using the Service, you agree that the exclusive jurisdiction and venue for all disputes about or relating to this Agreement or your use of the Service is the applicable federal and/or State courts located in the State of Florida.

Severability

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

CallingDr respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to CallingDr 's Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
  5. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  6. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  7. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed to info@CallingDr.com