Acceptable Use Policy
Effective Date: March 3, 2021

Here at Long Island’s Best Doctor, we’re committed to making our service safe, caring, and accessible for everyone. That’s why we created this agreement, which explains the rules for using Long Island’s Best Doctor. Thank you for reading, and for helping us deliver a better healthcare experience!

This Acceptable Use Policy (“AUP”) is incorporated by reference into Healtheon Medical Services (“Long Island’s Best Doctor,” “we,” or “us”) Terms of Use and governs your use of the Platform and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this AUP shall have the meaning in our Terms of Use. BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AUP, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS AUP, YOU CANNOT USE THE SERVICES.

1. RESTRICTED USES
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.

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

use the Services or Platform in violation of our Community Standards;
copy, modify, adapt, translate, or reverse engineer any Content (as defined in the Terms of Use) or portion of the Platform, its content or materials and/or the Services;
remove any copyright, trademark or other proprietary rights notices contained in or on the Platform 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 Platform and/or the Services;
access or retrieve any Content or portion of the Platform and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the healthcare industry or Healthcare Providers (as defined in the Terms of Use);
reformat or frame any Content or portion of the web pages that are part of the Platform and/or the Services;
fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Healthcare Provider which you do not intend to keep, or scheduling an appointment for Designated Provider Services which you do not intend to pay using the Transaction Processing Services;
create user accounts, book appointments or submit Posted Information by automated means or under false or fraudulent pretenses;
use contact information provided by other users or Healthcare Providers for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications (i.e. SPAM);
violate any law or regulation, including, without limitation, any privacy laws;
jeopardize the security of your Account Credentials (such as allowing someone else to log into the Services as you);
attempt, in any manner, to obtain the password, account, or other security information from any other user;
violate the security of any computer network, or crack any passwords or security encryption codes;
decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
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 Platform, its content or materials and/or the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

2. USER CONTENT
Pursuant to the Terms of Use, you may submit Posted Information to the Platform, which may (without limitation) take the form of feedback for Healthcare Providers, general inquiries, or to participate in the other interactive and community features of the Platform . In providing feedback, please give clear, honest information about the Healthcare Provider and your experiences, and do not use inappropriate language, make gratuitous personal criticisms or comments or include information that others could use to determine your identity. When participating in interactive or community aspects of the Service, please do not post any information that another user or Healthcare Provider may use to individually identify you, and instead please 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 users of the Platform.
You may not post, distribute, or reproduce in any way 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 Long Island’s Best Doctor.
You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
You understand and agree that Long Island’s Best Doctor may (but is not obligated to) review and delete any Posted Information that in the sole judgment of Long Island’s Best Doctor violates the Terms of Use or this AUP, or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Services.
You agree that you will only provide Posted Information that you believe to be true.
You may not submit Posted Information that:
is false, deceptive or misleading;
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 unlawful, threatening, abusive, hateful, violent, discriminatory, obscene, defamatory or libelous; or
is pornographic or sexually explicit in nature.
The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on/through the Platform. Long Island’s Best Doctor reserves the right to investigate and take appropriate legal action in accordance with the Terms of Use.

3. COPYRIGHT DISPUTE POLICY
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Company’s Copyright Agent with the following information in writing:

i. A physical or signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have 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;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Long Island’s Best Doctor’s designated contact to receive notifications of claimed infringement is:
email: [email protected]

Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. The Company suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to customer service through ADDRESS. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

4. UPDATES AND CHANGES TO THE ACCEPTABLE USE POLICY
The effective date of this Acceptable Use Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Acceptable Use Policy. We encourage you to periodically review this webpage for the latest information on acceptable uses of the Services. The amended Acceptable Use Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS ACCEPTABLE USE POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.