TERMS OF USE

Welcome to the AkanDoc application (the “Site”) maintained by AkanDoc, LLC (“We” “Us” or “AkanDoc”). The Site exists to improve your healthcare experience, and we hope you’ll make great use of our services. These terms of use (the “Terms of Use”), together with our PRIVACY POLICY, (which is incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, both as a non-registered user and as a registered user

BY USING THE SITE, DEFINED TO INCLUDE ALL PROPERTIES (MOBILE, WEB OR OTHERWISE) OWNED AND OPERATED BY US, RELATED DATA, AND/OR RELATED SERVICES (COLLECTIVELY, THE “SERVICES”), YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE BOUND BY THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME (THESE “TERMS OF USE”). THESE TERMS OF USE FORM A LEGAL CONTRACT AND ARE HERE TO ENSURE THE CONTINUAL ENJOYMENT OF ALL USERS OF THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU CANNOT USE THE SERVICES.

IMPORTANT INFORMATION ABOUT YOUR USE OF SERVICES

DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY INCLUDING A MENTAL HEALTH EMERGENCY, CALL 9-1-1 OR THE APPROPRIATE NATIONAL MEDICAL EMERGENCY NUMBER, OR GO TO THE NEAREST HOSPITAL EMERGENCY DEPARTMENT IMMEDIATELY.

COUNTRY	MEDICAL EMERGENCY NUMBER
United States	911
Australia	000
Canada	911
Europe (Most Countries)	112
Ireland	999 or 112
United Kingdom	999 or 112

NEITHER AKANDOC NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICE NOR FOR ANY INFORMATION OBTAINED FROM OUR SERVICES. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.

PERMITTED USE

Portions of the Services are viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.
- You acknowledge that although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a medical doctor, or other healthcare specialist, professional or provider (collectively, “Care Provider”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to your questions or postings.
- You acknowledge that some Content may be provided to assist you with locating appropriate lifestyle care (e.g., nails, make-up, hair, eyelashes, waxing, facial treatments) from a lifestyle technician, or other lifestyle specialist, professional, or provider (collectively, “Style Provider”).

Your Responsibilities Generally

Your use of the Services may result in charges to you for the services or goods you receive from AkanDoc and/or from Care Providers and/or Style Providers (“Charges”).

Charges will include applicable taxes where required by law. Charges may include other applicable fees, including, but not limited to, service fees, cancellation fees, government-mandated fees, and/or surcharges. Further, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

With respect to Care Providers, Charges you incur will not be owed directly to Care Providers. AkanDoc will collect payment of those charges from you, on the Care Providers behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Care Providers.

With respect to Style Providers, Charges you incur will be owed directly to Style Providers, and AkanDoc will collect payment of those charges from you, on the Style Providers behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Style Providers.

When you add a payment method to your account, you authorize us and our payment service providers to collect and store your payment method information. Any payment method added by you may be automatically saved to your AkanDoc wallet. You can add multiple payment methods to your wallet, and you agree that AkanDoc may charge any of these payment methods for any future transactions or Charges. Your default payment method may be identified in your profile page within the AkanDoc wallet. If your default payment method is expired, invalid or otherwise not able to be charged, you agree that AkanDoc may charge any other available payment method saved in your wallet. You can change your default payment method at any time.

If your payment method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance, expiration or otherwise, we may automatically update your payment method on file, in accordance with applicable law, if we acquire that information from our financial services partners or your bank. We reserve the right to decline, refuse or limit the use of any payment methods that we believe may be unauthorized, fraudulent or illegal or may violate our policies or procedures or otherwise expose AkanDoc to an unacceptable level of risk.

When you pay for any Charges using your bank account as your selected payment method, you authorize us to debit your bank account for the total cost of all Charges, including any applicable taxes and fees. You also authorize us to further debit or credit your bank account to correct any erroneous debits, make adjustments to your payment, or issue a refund back to your bank account. Your bank account must be able to accept debits denominated in USD.

Certain payment methods may involve the use of third-party payment service providers not affiliated with AkanDoc. You may be subject to additional fees imposed by these payment service providers in connection with processing your payment. AkanDoc is not responsible for any of these fees and disclaims all liability for such fees. You should review the payment service provider’s terms of use before using such payment method.

As between you and AkanDoc, AkanDoc reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. AkanDoc will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

You are responsible for all use of the Services and for all use of your Credentials (defined below), including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Care Provider or practice information, appointment availability, price information, and Insurance Content) for any purpose whatsoever.

Responsibilities of Care Providers and Others in the Healthcare or Medical Industries

Regardless of whether you are a member or whether you schedule or intend to schedule appointments through the Services, if you are a Care Provider or other person or entity in the healthcare or medical industries, you acknowledge and agree that:

You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient or as a Care Provider offering services, as applicable.
You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
You will not use the Services, directly or indirectly, to engage in any anti- competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.

Responsibilities of Style Providers and Others in the Lifestyle Industries

Regardless of whether you are a member or whether you schedule or intend to schedule appointments through the Services, if you are a Style Provider or other person or entity in the lifestyle industries, you acknowledge and agree that:

You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a user or as a Style Provider offering services, as applicable.
You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
You will not use the Services, directly or indirectly, to engage in any anti- competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

Acceptable Use

The Services are not intended for children under 13. The Services are Children’s Online Privacy Protection Act (COPPA)compliant. AkanDoc does not knowingly collect, use, or disclose personal information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information without parental consent, we will take steps to remove such information from our records. By using the Services, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the Services. If you are 13 or are aware of use of this Site by persons under 13, please contact us at Akandocllc@gmail.com so that we can remove from the Site all information associated with such persons under 13.

AkanDocs may prohibit any user from using the Services in its sole discretion at any time.

Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

copy, modify, adapt, translate, or reverse engineer any Content or portion of the Site, its content or materials and/or the Services;
remove any copyright, trademark or other proprietary rights’ notices contained in or on the Site and/or the Services or in or on any Content;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
access or retrieve any Content or portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the healthcare industry or Care Providers;
reformat or frame any Content or portion of the web pages that are part of the Site and/or the Services;
fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Care Provider and/or Style Provider which you do not intend to keep;
create user accounts, book appointments or submit Posted Information by automated means or under false or fraudulent pretenses;
collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.

You will have the opportunity to submit feedback regarding your experiences with Care Providers Style Provider featured through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. All Posted Information must comply with our Terms of Use.

NO SPAM

You may not use contact information provided by our users, Care Providers, or Style Provider or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. You may not allow others to use your account to violate the terms of this section. We may immediately terminate your registration or access to the Services and take other legal action if you or anyone using your Credentials violates these provisions.

USER CONTENT

You may submit Posted Information such as offering feedback, submitting inquiries and participating in the other interactive and community features of the Site. In providing feedback, please give clear, honest information about the Care Provider and/or Style Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in interactive or community aspects of the Services, please do not post any information that another user or Care Provider and/or Style Provider may use to individually identify you, but please do include all relevant information in a concise manner to help us provide you with a helpful response.

We reserve the right to publish your Posted Information as part of the Services and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on.

Without limiting the generality of the foregoing:

You are solely responsible for any Posted Information that you submit, publish or display through the Services or transmit to other members and/or other users of the Site.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by AkanDoc.
You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
You understand and agree that AkanDoc may (but is not obligated to) review and delete any Posted Information that in the sole judgment of AkanDoc violates these Terms of Use or the AkanDoc Privacy Policy, or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Services and/or other website users.
You agree that you will only provide Posted Information that you believe to be true.

You may not submit Posted Information that, among other kinds of content and communications that are illegal or prohibited on/through the Site, may be investigated and acted upon AkanDoc in accordance with these Terms of Use, including Posted Information that:

is false, deceptive or misleading;
- harms AkanDoc, our service providers, suppliers or any other person;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or “spamming”;
- violates, infringes or misappropriates the intellectual property or other rights of any person;
- violates antitrust, competition, or consumer protection laws;
- is threatening, abusive, obscene, defamatory or libelous; or
- is pornographic or sexually explicit in nature.

USE OF CONTENT

Your use of the Services is limited to the express terms of these Terms of Use. All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain AkanDoc’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither AkanDoc nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by AkanDoc to you are retained by AkanDoc.

SMS/TEXT COMMUNICATIONS

We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.

THIRD-PARTY SOFTWARE

We may incorporate third-party software as part of certain of the Services, including without limitation open source third-party software. Your use of such third-party software is subject to any and all applicable additional terms and conditions governing such use provided by the third- party software provider. Where applicable, additional notices relating to the third-party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third-party software.

APPLICATION STORE AND APPLICATION TERMS

In the event you are accessing the Services via an application (“Application”) on: (1) a device provided by Apple Inc. (“Apple”) or obtained through the Apple App Store, or (2) a device that use an Android operating system (“Android”) or obtained through the Google Play Store, the following shall apply:

both you and AkanDoc acknowledge that the Agreement (as defined in these Terms of Use) are concluded between you and AkanDoc only, and not with Apple &/or Android, and that Apple &/or Android is not responsible for the Application or the Content;
the Application is licensed to you pursuant to the terms and conditions set forth in this Agreement solely to be used in connection with the Service for your private, personal, non-commercial use;
you will only use the Application in connection with an Apple &/or Android device that you own or control;
you acknowledge and agree that Apple &/or Android has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple &/or Android of such failure; upon notification, Apple &/or Android’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
you acknowledge and agree that AkanDoc, and not Apple &/or Android, is responsible for addressing any claims you or any third party may have in relation to the Application;
you acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third-party’s intellectual property rights, Apple &/or Android will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
both you and AkanDoc acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
both you and AkanDoc acknowledge and agree that Apple &/or Android and Apple &/or Android’s subsidiaries are third-party beneficiaries of certain terms of the Agreement to the extent such terms relate to an Application on a device provided by Apple &/or Android or an Application obtained through the Apple &/or Android App Store, and that upon your acceptance of the Agreement, Apple &/or Android will have the right (and will be deemed to have accepted the right) to enforce such terms of the Agreement against you as the third-party beneficiary hereof.

LICENSE

By posting Posted Information (defined under Section 1.8 above) through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to AkanDoc and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that AkanDoc shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other AkanDoc users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.

AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT CARE PROVIDER RELATIONSHIPS AND LISTS

In connection with using the Site and the Services to locate and schedule appointments with Care Providers and/or Style Provider, you understand that:

YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN CARE PROVIDER AND/OR STYLE PROVIDER.
AkanDoc uses reasonable efforts to ensure that Care Providers and/or Style Providers who participate in the Services hold all active licenses required by law to practice the specialties of the services offered by them and are not excluded from participation in the Medicare and Medicaid programs. AkanDoc may exclude Care Providers and/or Style Provider who, in AkanDoc’s discretion, have engaged in inappropriate or unprofessional conduct.

We will provide you with lists and/or profile previews of Care Providers who may be suitable to provide the healthcare services you seek based on information that you provide to us (such as insurance information, geographical location, and healthcare specialty) and Style Providers who may be suitable to provide the lifestyle services you seek based on information that you provide to us. In an effort to aid in the discovery of Care Providers and/or Style Provider and enable the maximum choice and diversity of Care Providers and/or Style Provider participating in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Care Provider and/or Style Provider availability, past selections by and/or ratings of Care Providers and/or Style Provider by you or by other AkanDoc users, and past experience of AkanDoc users with Care Providers); but AkanDoc (a) does not recommend or endorse any Care Providers and/or Style Provider, and (b) does not make any representations or warranties with respect to these Care Providers and/or Style Provider or the quality of the healthcare services they may provide. Note, however, to the extent that you use the Services as provided by your employer, AkanDoc may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors.

CARE PROVIDER CONTENT

Care Provider and/or Style Provider and practice Content is intended for general reference purposes only. Care Provider and/or Style Provider Content is both provided by the Care Providers and/or Style Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by any Care Provider and/or Style Provider. Such Content often changes frequently and may become out of date, incomplete or inaccurate. Neither the Site nor AkanDoc provides any advice or qualification certification about any Care Provider and/or Style Provider. You understand that it is your responsibility to independently verify such Content.

Procedures/Products/Services

The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

INSURANCE CONTENT

The insurance and insurance-related Content (including, without limitation, insurance coverage and benefit Content) is intended for general reference purposes and for your convenience only and/or the convenience of Health Care Providers making use of or considering use of such Content only (“Insurance Content”). Such Insurance Content is based on Personal Information (as defined below) you provide to us as well as Care Provider Content. The Insurance Content is provided either directly by the insurance provider you identify or via a third-party clearinghouse. Insurance Content often changes frequently and may become out of date, incomplete or inaccurate. In order to improve (but not guarantee) the accuracy of the Insurance Content, you acknowledge and agree that you will (a) provide accurate and complete insurance- related Personal Information, and (b) verify and update your insurance-related Personal Information including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide); AkanDoc will not be responsible for your failure to comply with subparts (a) or (b) hereof, nor for any inaccurate, incomplete or outdated Insurance Content, regardless of the reason.

REGISTRATION

As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to Akandocllc@gmail.com

YOUR PERSONAL INFORMATION

In order to register, you must provide certain basic information about yourself. Also, you may opt to voluntarily share additional information in order to benefit from all the Services we provide. Our Privacy Policy details how we may use, share and maintain your information, which may include, without limitation, your name, address, social security number and contact information; insurance information; medical history and current needs; billing information; and other information that is either requested by AkanDoc or voluntarily provided (“Personal Information”). By submitting such information, you authorize AkanDoc, its employees, agents and others operating on its behalf to use and/or disclose such information in accordance with our Privacy Policy. Please review the Privacy Policy carefully, as your use of the Services constitutes your agreement to it.

If you elect to enter information into a medical history form (“Medical History Form”) on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified Care Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that AkanDoc may use the data or information you provide on a Medical History Form in accordance with our Privacy Policy.

MATTERS OF OWNERSHIP

Subject to the limitations set forth in these Terms, AkanDoc grants you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Products and Services. The Products, including the source code for the Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of AkanDoc and its licensors and suppliers.

Copyright

All materials (including but not limited to software and content whether downloaded or not) contained in the Products and Services (“Materials”), are owned by AkanDoc (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. The Materials are valuable property and that other than any specific and limited license for use of such Materials, you will not acquire any ownership rights in or to such Materials. The Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent. ‍
Materials on or in the Products or Services are the property of AkanDoc or third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of Section 11 against you. ‍
Audio or video content from AkanDoc not explicitly indicated as downloadable may not be downloaded or copied from the Products, Services or any Device. ‍‍
The Products and Services are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Products or Services. ‍‍
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products or Services. If you make other use of the Products or Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. AkanDoc will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. ‍

Trademark

AkanDoc, the AkanDoc logo and all other AkanDoc product or service marks are trademarks of AkanDoc. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products and Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Products and Services is strictly prohibited. AkanDoc will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

NO DOCTOR PATIENT RELATIONSHIP

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM AKANDOC OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE CARE PROVIDER IN ANY FIELD.

We have no control over, and cannot guarantee the availability of, any Care Provider at any particular time. You acknowledge and understand that we will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.

You are strongly advised to perform your own investigation prior to selecting a Care Provider by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Care Provider by confirming with the Care Provider’s office, your current Care Providers, the medical association(s) relevant to the Care Provider’s specialty and your state medical board(s).

AkanDoc will have all its medical providers that sign up go through background and credentialing check with a 3rd party investigation company before the accounts are approved to start receiving requests.

DISCLAIMER OF WARRANTIES

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AKANDOC MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. AKANDOC DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR- FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

GENERAL LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF CARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

TERMINATION

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. AkanDoc shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). The following sections shall survive any termination or expiration of these Terms of Use: No Spam, User Content, Use of Content, Health Care Provider Content, Style Provider Content, Insurance Content, Registration, Your Personal Information, Matters of Ownership, No Doctor Patient Relationship, General Limitation of Liability, Termination, and Indemnification.

INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement or the Privacy Policy or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

GOVERNING LAW AND JURISDICTION

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law.

MISCELLANEOUS

Changes to These Terms of Use

We may change these Terms of Use and the other documents consisting of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of these Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by these Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of AkanDoc to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Headings

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

Assignment

We may assign this contract at any time, including without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

UPDATES AND CHANGES TO THESE TERMS OF USE

The effective date of these Terms of Use is set forth at the top of this page. We will notify you of any material change by posting notice at the top of this webpage and updating the effective date. Your continued use of the Services after the new effective date constitutes your acceptance of the amended Terms of Use. We encourage you to periodically review this page for the latest information on any of the Services. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THESE TERMS, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.