Terms and Conditions
Acceptance of Terms
The eTobb website is owned and operated by eTobb Inc. By using the Website, you agree to comply with and be bound by the following Terms of Use (the “Terms”). Please review all of the Terms carefully before using the Website.
In the Terms, “User”, “you” and “your” refer to the individual or entity that creates an account or asks a question to the doctors in the medical expert network as defined here below in “Doctor’s Section” (each a “Doctor” and collectively, the “Doctors”). eTobb, “we”, “us” and “our” refer to eTobb.
When you visit the Website or send us emails, you are communicating with us electronically. You consent to the receipt of electronic communications from eTobb, and agree that all agreements, notices, and other disclosures communicated to you by eTobb electronically (whether by electronic mail, by posting at the Website, or by other electronic means) satisfy any legal requirement that such communication be in writing.
eTobb reserves the right to amend these Terms at its sole discretion at any time by posting them on the Website. Changes shall automatically be effective upon posting. eTobb reserves the right to add, modify or remove any information and/or services from the Website at any time. Your use of the Website subsequently to the change of the Terms constitutes your acceptance to the modified Terms. Should you disagree with any changes, your sole and exclusive remedy is to cease or discontinue using the Website.
The Website
eTobb is a website for informational and educational purposes to allow you to ask questions and receive answers from the Doctorsand book appointments with the Doctors. The Doctors are not employees of eTobb, but are independent service providers using the Website to provide you with answers to your questions.
The Website shallinclude, without limitation, the eTobb website (www.etobb.com) and any and all scientific, technical, contractual, product, program, pricing, portals, news, educational materials, publications, guides, smartphone services, mobile versions, applications, presentations, abstracts, marketing information and any other information available on the Website, including, data, text, software, music, sound, photographs, graphics, video, messages, and other materials (collectively referred to as the “Content”).
eTobb does not refer you or endorse or recommend particular doctors. eTobb shall not be liable for any acts or omissions from the Doctors with respect to the Posts or to the Doctors’ opinions and answers.
eTobb links in specific cases to third party professional sites which offer medical opinion. eTobb strongly suggests that you seek a professional medical adviceregarding medical opinions from said sites. In no way does eTobb endorse the information or content contained in any such sites.
Notwithstanding the foregoing, eTobb reserves the right, but is not obligated, to refuse or to remove any Posts from the Website.
Posts are not Private and Confidential
Notwithstanding the Privacy Policy relating to the personal information of the user, information and materials submitted on the Website in the content of your questions, answers, requests for information, responses, comments, and posts on the Website (collectively the "Posts") is not private or confidential, nor is it protected by doctor-patient, or any other privilege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on a specific matter, your questions, answers, and other posts eTobb that relate to the search may appear in the search results list or the related questions column).
Information Not Advice
The information provided by the Doctorson the Website is to be used for general information and educational purposes only, and is not intended or implied to be a substitute for professional medical advice, medical care, diagnosis or treatment. All health and health related information within the Website is intended to be general in nature and for informational purposes only and should not be used in any way as a substitute for a visit to a healthcare professional. The advice of a medical professional should always be sought prior to commencing any form of medical treatment. eTobb and all of its staff, agents and members disclaim any and all warranties and representations with regards to the information contained on the Website.
User Accounts
When you register as a User on the Website, you create your online account by establishing a user name and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your eTobb passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name and passwords; (2) authorize, monitor, and control access to and use of your eTobb account and password; (3) promptly inform eTobb if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact" links located at the bottom of every page of our site. You hereby grant eTobb and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. eTobb cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using eTobb tools and services.
You agree that any content you provide on the Website and your use of the Website shall not: (a) be fraudulent or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any local law, regulation or ethical code; (d) be competitive with eTobb or the Website; (e) be defamatory or obscene; or (f) contain any viruses, or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
You may terminate your account by notifying eTobb on info@etobb.com.
At any time, without notice, for any or no reason, eTobb reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the services, and to restrict, suspend and terminate Users’ accounts.
Proprietary rights of Content
You acknowledge that eTobb owns the intellectual property rights of the Website and the content displayed thereon. You do not acquire ownership rights to any content, document or other materials viewed through the Website. You may not modify, reproduce, duplicate, copy, republish, transmit, distribute, sell, or otherwise transfer or exploit the Website (or any portion of it) for commercial purposes. You may only use the Website in accordance with the Terms and all applicable laws, rules and regulations.
The Website contains functionality (including blogs, forums, submit a question, Users’ postings, submit an answer, Doctors’ postings…etc.) that allows users to upload content to the Website (collectively referred to as "Public Areas"). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringes or violates any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
In the event you make any submission in Public Areas or if you submit any business information, idea, concept or invention to eTobb by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted eTobb a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Moreover, your communications with eTobb, including transmission of order requests, submission of testimonials, or the uploading of images, constitute electronic communications. You grant to eTobb a perpetual, irrevocable, worldwide, non-exclusive, transferable, royalty-free right to use all information and materials that you submit to eTobb, including the right to exercise copyright and publicity rights, in any media, in connection with the Website.
eTobb reserves the right to remove any content and/or remove any User's access to the Website not in compliance with the Terms.
Questions and Answers and Public Areas
You acknowledge that you are solely responsible for your own communications posted in Public Areas. eTobb shall not be held responsible for the consequences arising from any communication posted by Users in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor immediately.
You hereby agree that the following actions shall constitute a material breach of the Terms:
- Using a Public Area for any purpose in violation of local, national, or international laws;
- Posting content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by eTobb in its sole discretion;
- Posting advertisements or solicitations of business;
- Continuing to disrupt the normal flow of dialogue after receiving a warning, or posting comments that are not related to the topic being discussed;
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Website, or which, in the judgment of eTobb, exposes eTobb or any of its customers or suppliers to any liability or detriment of any type.
eTobb hereby reserves the right to do any of the following:
- Store the dialogue in public and private areas
- Remove or edit any or all communications which are abusive, illegal, disruptive, or that otherwise fail to conform to the Terms;
- Remove or edit any communications posted on the Website whenever deemed appropriate by eTobb;
- Terminate a User's access to any or all Public Areas and/or terminate a User’s account upon any breach of the Terms;
- Monitor, edit, or disclose any communication in the Public Areas.
Exclusion of Warranties
The information and services available on the Website are provided “as is” and “as available” with no warranties whatsoever. All express and implied warranties are hereby disclaimed to the fullest extent permitted by law. Because the Website is provided to you “as is”, you agree that eTobb shall not be liable to you or any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit when using the Website. Because the Website is provided to you “as available”, you agree that eTobb shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or of your ability to access it.
eTobb also disclaims any warranty that (i) the Website will meet your requirements, (ii) the Website’s operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of the Website will be accurate or reliable (and eTobb disclaims any liability for damages that may arise from your reliance on any such information or communication) or are free of viruses or other harmful components.
You assume the full responsibility and risk for any damage to your computer or the consequences resulting from downloading any information, software, or other content from the Website. eTobb shall not be liable for any damage to your computer, including loss of data resulting thereof.
In no event shall eTobb be liable for any direct, indirect, incidental, consequential and special damages, or any damages whatsoever, arising out of the use or performance of the Website or out of any information or services provided through the Website.
eTobb cannot and does not endorse any or all statements or opinions made on the Website. eTobb cannot inspect all information, Posts and communications to determine the truthfulness, accuracy, reliability, completeness or relevancy thereof. Under no circumstances will eTobb be held liable for any decision or action taken as a result of reliance on the content of the Website.
The information contained herein is not intended or implied to be a substitute for professional medical advice, medical care, diagnosis or treatment. The advice of a medical professional should always be sought prior to commencing any form of medical treatment. To this end, all information contained within the Website is for educational and informational matters only.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ETOBB OR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, ASSIGNS, AFFILIATED STAFF, PARTNERS OR WEBSITE CONTRIBUTORS BE LIABLE TO YOU, AS A WEBSITE VISITOR OR ANY OTHER PERSON OR BODY, FOR ANY DECISION OR ACTION TAKEN AS A RESULT OF RELIANCE ON THE INFORMATION OR OPINIONS CONTAINED OR EXPRESSED ON THE WEBSITE. YOU AGREE THAT NEITHER ETOBB NOR ANY AFFILIATED STAFF OR PARTNERS OR WEBSITE CONTRIBUTORS, WILL BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES), OR LOSS OF DATA OR LOSS OF PROFIT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.
Indemnification
You agree to defend, indemnify, and hold eTobb harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees, court costs, and other litigation and arbitration expenses) related to or arising out of your use of the Website.
Applicable Law & Dispute Resolution
The Terms shall be governed by, and construed in accordance with the laws of Lebanon without giving effect to any principles of conflict of laws. Any cause of action arising out of or in connection with these Terms shall be finally settled according to the Rules of Conciliation and Arbitration of the Beirut Chamber of Commerce and Industry in accordance with said rules.
Doctors’ Sections
1) These Terms supersede and replace all prior agreements, correspondences, arrangements communications, representations, warranties and understandings, written or oral, between eTobb and the Doctors.
2) Doctors must register on the Website to join the medical expert network (the “Network”) by creating a public profile (the “Profile”). All information and data posted on or exchanged through Website (including without limitation, the content of all Profiles) shall be the sole proprietorship of eTobb. A Profile is constituted of, inter alia, the picture, name, specialty, training, work history, awards and publications of the correspondence Doctor. The publication of emails and telephone numbers on the Profile or elsewhere on the Website is strictly forbidden. eTobb shall have the right to ask for authentic documents confirming the identity, profession and field of expertise of each Doctor to avoid any kind of spamming. Unless otherwise expressly agreed in writing, all opinions and/or answers provided by the Doctors shall be free of charge.
3) Doctors may edit their Profiles at all times. A Doctor who wishes to leave the Network shall no longer have access to his/her Profile. eTobb shall at its discretion elect to either show or hide any such Profile.
4) Doctors will only provide answers to questions related to their field of expertise as specified in their Profile. Doctors must provide the User with an answer to every question in an informative way. Doctors have, within the limits imposed or permitted by the applicable laws governing the medical services, the duty to report questions or answers that they deem to be spam, pervasive, harmful to certain Users or of a criminal nature. Doctors are not allowed to prescribe pharmaceutical drugs in their answers or on their Profile or to give a medical diagnosis via the Website. The sale or advertising for any medical drug on the Website by any way or mean is strictly forbidden. Any transgression of the abovementioned obligations may result in the removal of the problematic answer from the Website, or, the removal of the Doctor from the Network and the banning from the Website.
5) It is illegal for Doctors to share a user’s Personally Identifiable Information (PII) and/or medical case with any third party unless the purpose is to discuss it with a Doctor colleague for diagnosis and treatment.
Miscellaneous
You agree that these Terms along with the Privacy Policy shall constitute the entire agreement between you and eTobb with respect to its subject matter. It supersedes any and all prior agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms.
You agree that eTobb may assign the Terms to any other entity, with or without notice to you. You may not assign the Terms to any other party for any reason. No delay or omission on the part of eTobb in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Statements on this Website are not regulated by any governmental authority nor is the Website intended to diagnose, treat, cure or prevent any disease.
