Terms of Use

Effective date:  September 30, 2016

Welcome to unsickday.com (the “Site”), a day off for America’s health.  Please read on to learn the rules and restrictions that govern your use of the Site.   These Terms of Use (the “Terms”) are a binding contract between you and Zocdoc, Inc. (“Zocdoc,” “we” and “us”).   Please note that these Terms only apply to the Site.  All use of zocdoc.com and Zocdoc’s other services are subject to other terms available here.

BY USING OR OTHERWISE ACCESSING THE SITE, YOU AGREE TO THESE TERMS, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US WITH RESPECT TO THE SITE IN THE STATE OF NEW YORK AND THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SITE. Please note that we offer the SITE “AS IS” and without warranties.

What about my privacy?

Zocdoc takes the privacy of its users very seriously.  For the current Privacy Policy for this Site, please click here.

What are the basics of using the Site?

You may be asked to provide certain information to take advantages of certain features of the site.  If you are an employee and choose “I want an Unsick Day” you may be asked to provide your full name, work email, personal email and zip code.  If you are and employer and choose to “I want to give an Unsick Day” you may be asked to provide your full name, title, work email, number of employees and zip code.  You promise to provide us with accurate and complete information about yourself, and shall not provide any information you are not fully authorized to provide.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Site and gotten your parent or guardian to agree to these Terms on your behalf).  If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

If your use of the Site is prohibited by applicable laws, then you aren’t authorized to use the Site.  We can’t and won’t be responsible for your using the Site in a way that breaks the law.

Your use of the Site is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content (each of those terms is defined below) or otherwise use the Site or interact with the Site in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Zocdoc);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Site or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.

 

A violation of any of the foregoing is grounds for termination of your right to use or access the Site.

What are my rights in the Site?

The materials displayed or performed or available on or through the Site, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.  You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, in a way that violates someone else’s (including Zocdoc’s) rights.

You understand that Zocdoc owns the Site. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Site.

What about Medical Information made available on the Site?

All medically related information available on the Site comes from independent healthcare professionals and organizations and is for informational purposes only.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

We do not recommend or endorse any specific tests, healthcare providers, procedures, opinions, or other information that may appear on the Site. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources.

Do I have to grant any licenses to Zocdoc or to other users?

You may be permitted to post, upload, share, store, or otherwise provide through the Site through our “User Submission” interface.  .

You hereby grant Zocdoc a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to translate, modify and reproduce and otherwise act with respect to such User Submissions in order to operate the Site.  This is a license only, and is not intended to affect your ownership rights in User Submissions. Please note that the foregoing license is subject to our Privacy Policy to the extent it relates to User Submissions that are also your personally-identifiable information.

Who is responsible for what I see and do on the Site?

The Site may contain links or connections to third party websites or services that are not owned or controlled by Zocdoc. For example, the Site may allow you to make posts to your third party social media sites, such as Facebook, Twitter and LinkedIn.  When you access third party websites or use third party services, you accept that there are risks in doing so, and that Zocdoc is not responsible for such risks.  We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Zocdoc has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Site. In addition, Zocdoc will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Site, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

The Site may also contain links to zocdoc.com (the “Zocdoc Site”).  All use of the Zocdoc Site is subject to separate terms, available here.

What if I want to stop using the Site?

You’re free to stop using the Site at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us.

Zocdoc is also free to terminate (or suspend access to) your use of the Site, for any reason in our discretion, including your breach of these Terms.  Zocdoc has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Will these Terms ever change?

We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site, by sending you an email, and/or by some other means.  If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site.  If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.  Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What else do I need to know?

Warranty Disclaimer.  Neither Zocdoc nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Site, 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.  We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site.  THE SITE AND CONTENT ARE PROVIDED BY ZOCDOC (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ZOCDOC (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF THE AMOUNT YOU PAID FOR ACCESS OR OTHERWISE USING THE SITE AND THE SERVICE RELATING THERETO, AND $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity.  To the fullest extent allowed by applicable law, you agree to indemnify and hold Zocdoc, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Site, and (b) your violation of these Terms.  In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have on file (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration.  These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

Miscellaneous.  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and Zocdoc agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Zocdoc with respect to the Site, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Zocdoc, and you do not have any authority of any kind to bind Zocdoc in any respect whatsoever.