Terms of Use
YOUR USE OF THE PATIENTCAFE.COM WEB SITE, URL HTTP://WWW.PATIENTCAFE.COM, (HEREINAFTER REFERRED TO AS "THE WEB SITE"), INCLUDING ALL TEXT, GRAPHICS, IMAGES, INFORMATION, LISTINGS, POSTINGS AND DATA (HEREINAFTER REFERED TO COLLECTIVELY AS "THE CONTENT") CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEB SITE.
The Web Site is a service made available by Triumph Health, LLC (hereinafter referred to as "the Provider" or "We"). The Provider may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the website. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the website shall be deemed your conclusive acceptance of the modified agreement.
Important
The Terms of Use is in addition to our Privacy Policy, both of which we urge you to read. By using the Web Site, you agree to be bound by the Terms of Use and by our Privacy Policy.
The Web Site should not be used to make diagnoses, administer treatment, prescribe medications, or order tests. The contents of this website are for informational purposes only. The Web Site is not a replacement for the relationship you have with your health care provider. Any information provided is not medical advice and should not be substituted for regular consultation with your health care provider. If you have any concerns about your health or if you think you have a medical emergency, please call 9-1-1 or contact your health care provider's office immediately.
This Web Site contains a searchable directory (hereinafter referred to as "the Directory") of health care related businesses, organizations (hereinafter referred to as Listee) and their services and products . The Listee provides the information contained within each listing (hereinafter referred to as "Listing") within the Directory. The Provider does not warrant the validity, accuracy, completeness, adequacy or currency of the information contained in or linked to the Listing, nor does it guarantee the quality of the service(s) and product(s) of the Listees. The Provider is not liable for any copyright infringement perpetrated by the Listee. The Provider is not a medical or dental care professional and the Web Site is not a Medical or Dental Referral Service. The Provider does not receive any portion of any fees or charges or any arrangements subsequently made by you and any Listee or their subsidiaries and those arrangements are strictly between you and such party and do not involve the Provider in any way.
A description or indication of specialization by a Listee does not mean that any agency or board has certified such Listee as a specialist or expert in any indicated field, nor does it mean that such Listee is necessarily any more expert or competent than any other Listee. All users of the Web Site are encouraged to make their own independent investigation and evaluation of any Listee before deciding to avail of their service(s) and product(s). The determination of the need for a service(s) and/or product(s) and the choice of a Listee are important decisions and should not be based solely upon a Listee’s self-proclaimed areas of service or specialization.
The Provider does not confirm the content of the Listings that are provided by the Listees or any links to or from the Web Site. Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites. The Provider is not responsible for any material or information contained in the linked sites provided by Listees.
Ratings and Reviews submitted by the users are the opinion of the users and in no way a reflection of the opinion of the Provider.
As a condition of your use of the Web Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any and all parts of this Web Site for any reason, and at our sole discretion.
You agree not to post, publish, upload or distribute in the interactive areas on the Web Site any messages, data, information, text, graphics, links or other material (referred to as "Postings") which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, either intentionally or unintentionally.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
THE CONTENTS OF THE WEBSITE ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF THIRTEEN (13).
You may not misrepresent your identity or your affiliation with any person or entity.
The Provider encourages you to report offensive or illegal content immediately by contacting us via the Contact Us link on the Web Site. The Provider reserves the right to block transmission of, remove any Postings that you post to the Web Site and/or terminate your account at any time for any reason without permission from you.
4. Limitation of Liability and Damages
The Content of the Web Site are for informational purposes only. The use of the Web Site and the Contents are at your own risk. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 9-1-1 immediately.
We do not and cannot review all Listings and Postings posted or uploaded to the Web Site and are not responsible for such Content, regardless of whether at any time we choose in our sole discretion, to monitor or remove Listings or Postings on the Web Site. The Provider does not assume any responsibility for monitoring the Listings or Postings on the Web Site for accuracy or unacceptable use, nor will any of the Listings or Posting be authenticated or endorsed by the Provider. You understand that when using the Web Site, you will be exposed to Listings and Postings from a variety of sources, and that the Provider is not responsible for its validity, accuracy, usefulness, safety, completeness, adequacy, currency of the information or intellectual property rights. The Provider does not guarantee the quality of the service(s) and product(s) of the Listees. You further understand and acknowledge that you may be exposed to Listings and Postings that are offensive, indecent, or objectionable.
The Web Site may contain health-or-medical- related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Web Site.
The Web Site, its Administrators or the Provider does not recommend or endorse any specific business, organization, care provider, products, procedures, opinions, or other information that may be mentioned on the Web Site. Reliance on any information provided on the Web Site is solely at your own risk.
When using the Web Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Provider or the Web Site. Accordingly, the Provider assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Web Site.
The Provider does not guarantee the satisfaction of any government regulations requiring disclosure of information on prescription drug products, non-prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Web Site.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Provider and the Web Site Administrators with respect thereto, and agree to indemnify and hold the Provider and the Web Site Administrators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Web Site.
In no event shall the Provider, the Web Site Administrators, or any third parties mentioned on the Web Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from (a) the use of or inability to use the Web Site or the Content, and (b) your participation in chat rooms, message boards/forums or reviews and ratings, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Provider or the Web Site Owners and/or its Administrators are advised of the possibility of such damages. The Provider is not liable for any personal injury, including death, caused by your use or misuse of the Web Site or its Content, including Listings and Posting. To the extent this limitation on liability is prohibited, the Provider’s sole obligation to you for damages shall be limited to USD 100. Any claims arising in connection with your use of the Web Site, any Content, including Listings and Posting must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
5. Waiver and Release of Liability
YOU AGREE THAT THE PROVIDER, OR THE WEB SITE ADMINISTRATORS SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROVIDER AND/OR THE WEB SITE ADMINISTRATORS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROVIDER AND THE WEB SITE ADMINISTRATORS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED USD 100 (ONE HUNDRED US DOLLARS). IN NO EVENT SHALL THE PROVIDER, THE WEB SITE OWNER OR ADMINISTRATORS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
THE PROVIDER, THE WEB SITE OWNER OR ADMINISTRATORS WILL NOT BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU.
IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO YOU, FOR ANY REASON, THEN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROVIDER, THE WEB SITE OWNER AND ADMINISTRATORS SHALL NOT EXCEED USD 100 (ONE HUNDRED US DOLLARS) IN THE AGGREGATE.
6. Disclaimer
The Web Site is provided on an "as is" basis. The Content on the Web Site is for information purpose only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Web Site.
The Provider expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. The Provider disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from the Web Site and its Content, including but not limited to technical inaccuracies and typographical errors, (b) any third party web sites or content therein directly or indirectly accessed through links in the Web Site, including but not limited to any errors in or omissions there from, (c) the unavailability of the Web Site or any portion thereof, (d) your use of the Web Site, or (e) your use of any equipment or software in connection with the Web Site.
7. Unlawful Activity
The Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
8. Indemnification
You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to defend, indemnify and hold harmless the Provider, the Web Site, its owners and its Administrators from any third party claim, action, demand, liability, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Web Site, or your violation of any rights of a third party.
9. Remedies for Violations
The Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Web Sites and its features.
10. Medical Ethics Notice
If you are a health related service or product provider, participating in any aspect of the Web Site, including but not limited to, reviews, message boards/forums, chat rooms or email forums you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of medicine, and misrepresentations of fact. The Provider disclaims all responsibility for your compliance with these rules. You further agree and acknowledge that when you participate in any interactive area on the Web Site, including but not limited to email forums, chat groups and message boards/forums, you will not offer medical advice and will not solicit employment from prospective clients.
11. License of Your Content to The Provider
By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) the Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
12. Linking to the Web Site
You may provide links to the Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site, (b) you give the Provider notice of such link by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it and (c) you discontinue providing links to the Web Site immediately upon request by the Provider.
Certain sections of the Web Site may require the user to register. During the registration process the user is required to provide certain personal information. To learn more about our Privacy Policy on information collected from users of the Web Site please click here: Privacy Policy.
Each registration is for your personal use only, unless specifically designated otherwise on the registration page. The Provider does not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify the Provider immediately by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
14. Errors and Corrections
The Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. The Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time.
15. Third-Party Content
Third-party content may appear on the Web Site or may be accessible via links from the Web Site. The Provider shall not be responsible for and assumes no liability for any mistakes, misstatements, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of the Provider.
16. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms of Use; (2) to use the Web Site and Directory solely for personal, non-commercial purposes; and (3) to print out discrete information and search results from the Web Site and Directory solely for personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.
17. Restrictions and Prohibitions on Use
Your license to access and use the Web Site and Directory are subject to the following restrictions and prohibitions on use. You may not
(1) copy, print (except for the express limited purpose permitted by clause 16, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site, Directory or any information or materials retrieved therefrom;
(2) use the Directory or any other materials from the Web Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(3) create compilations or derivative works of the Directory or any other materials from the Web Site;
(4) use the Directory or any other materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of the Provider or any third parties;
(5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site;
(6) make any portion of the Web Site or Directory available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future;
(7) remove, disable, defeat or change any functionality or appearance of the Web Site;
(8) decompile, disassemble or reverse engineer the Web Site software or use any network monitoring or discovery software to determine the Web Site architecture;
(9) use any automatic or manual process to harvest information from the Web Site;
(10) use the Web Site or Directory for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of the Provider’s name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions;
(11) use the Web Site or Directory in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and
(12) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws and regulations of the United States.
18. Policy on Unsolicited Commercial Email
The Provider does not authorize the use of the Web Site or Directory for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to Listees or other third parties. Internet email sent to or through the Provider’s computer systems or to Listees or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider’s computer systems is strictly prohibited. Email that is relayed to or through the Provider’s computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. The Provider prohibits anyone from sending email to or through its computer systems that violates these Terms of Use. The Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited bulk commercial email.
19. Intellectual Property Rights
Except for the limited license contained in clause 16 above, nothing in these Terms of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Web Site and its Content belong to the Provider or Listees, as applicable.
20. Electronic Commerce
The content on the Web Site, including but not limited to articles, the Directory, and other resources and information, is for personal use only. Notwithstanding the foregoing, to the extent the Web Site provides any purchasing opportunities through electronic commerce, such buying opportunities may be made available for group as well as personal purchasing according to the particular terms thereof and so long as you are authorized to make purchases on behalf of such group.
21. No Solicitation
You shall not distribute on or through the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. In interactive forums made available through the Web Site, you may discuss or recommend third-party web sites, goods or services, so long as you have no financial interest in and receive no direct or indirect benefit from such web sites, products or services, or the recommendation of such. In no event may any person or entity solicit any Listee or create a directory of health related service providers or their products through the Web Site or with data retrieved from the Web Site.
22. Governing Law, Jurisdiction and Non-Waiver
The Provider is based in the State of Georgia, in the United States of America. The Provider makes no claims that the Web Site Content is appropriate or may be downloaded outside of the United States of America. Access to the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of the State of Georgia and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms of Use.
23. Privacy
Your use of the Web Site is also subject to the Provider’s Privacy Policy, which you link to by clicking here: Privacy Policy.
24. Severability of Provisions
These Terms of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and the Provider with respect to access to and use of the Web Site. If any provision of these Terms of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
25. Modifications to Terms of Use
The Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.
Contacting Us
If you have any questions about our Terms of Use, Privacy Policy, the Provider, or your dealings with this Web Site, please click here to contact us.