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Doctor Referral Program Rules
BY APPLYING TO THE DOCTOR REFERRAL PROGRAM ON TALKSURGERY.COM, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.
TABLE OF CONTENTS
General
This Doctor Referral Agreement ("Agreement") contains the terms and conditions that apply to an individual's participation in the Talksurgery.com Doctor Referral Program ("Doctor Referral"). In this Agreement, "we" means Talkurgery.com, Inc., and "you" means the referee. Your participation in the Doctor Referral Program is subject to your submission and Talksurgery.com's acceptance of a doctor referral and your compliance with this Agreement.
You can only receive a reward for your referral when the doctor whom you referred has become a Talksurgery.com member. To become a member, the doctor must sign a Marketing Services Agreement and make an initial payment for his or her membership to Talksurgery.com. You must make your referral via the "Do You Know a Good Doctor?" Doctor Referral Program page if you wish to receive a reward. To be eligible for a referral reward, the doctor referred must become a Talksurgery.com member within 1 month of your referral (30 days).
If you are a doctor whose patient has referred you, you must become a Talksurgery.com member within 1 month (30 days) of being referred to be eligible for the 10% discount. If you do not become a member of Talksurgery.com within 1 month of your referral (30 days), the patient who referred you will not be eligible to receive a reward for his or her referral.
If the doctor you refer cancels his or her Talksurgery.com membership within 1 month (30 days) of signing the Marketing Services Agreement and making an initial payment, then you will not be eligible for a reward. Rewards will be sent by mail within the time immediately following the first month after the doctor has signed the Marketing Services Agreement and made an initial payment.
Doctor Referral Program Rules are subject to change and Talksurgery.com reserves the right to change the Doctor Referral Program Rules at any time.
Application
To be eligible for a reward, you must submit a complete Doctor Referral Program application via our site. You must provide us accurate information, and you must update that information as applicable. You may not impersonate any person or use a name that you are not legally authorized to use.
You authorize us to verify your information (including any updated information) and, to obtain information about you from time to time for purposes of fraud prevention.
We will evaluate your application and will notify you of your acceptance or rejection for the Doctor Referral Program. We may reject your application if we determine (in our sole discretion) that you or the doctor referred is unsuitable for the Doctor Referral Program. Unsuitable doctors include those who are not fully licensed to practice their profession, have held licenses that have been revoked or suspended, are subject to any present or previous disciplinary action by a licensing and/or accrediting body, are not properly certified in their primary specialty and have any outstanding legal actions against them. If we accept your application and your referral is thereafter determined (in our sole discretion) to be an unsuitable one or you fail to comply with this Agreement or other rules or polices we establish for the Doctor Referral Program, we may terminate this Agreement and your participation in the Doctor Referral Program.
Description of Reward
The Doctor Referral Program pays referees the amount specified in the on the Talksurgery.com site at the time of the application for the Doctor Referral Program only upon the signing of the Marketing Services Agreement and initial payment for a Talksurgery membership by the referred doctor. The doctor must remain a member for a period exceeding 1 month (30 days) in order for you to be eligible for you r reward.
We will send the reward to you 45 days after the original date of payment by the referred doctor.
We will not be liable to you if we do not proceed with payment that would exceed any limit established by us for reasons of misrepresentation on your part or the part of the doctor or the cancellation of his or her Talksurgery.com membership.
We may delay initiating the payment of a reward pending an investigation if we, in our sole discretion, believe you or a doctor you refer may have violated this Agreement or the terms of use applicable for participation. Notwithstanding any other provision of this Agreement, if we determine, in our sole discretion, that you have violated this Agreement, we may refuse to make a payment to you. We will not be liable to you if we act in accordance with the provisions of this paragraph.
Notices
All notices to you will be sent by e-mail. When providing notice by e-mail, we will send notices to you at the e-mail address maintained in Doctor Referral Program records for you. You must monitor your e-mail messages frequently to ensure you are aware of any notices sent by us. You will send notices to us at the postal address published on the About Talksurgery page of the Talksurgery.com Web site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and mailed U.S. mail, postage paid, first-class mail properly addressed or personally delivered by overnight courier. First-class mail is properly addressed if sent by us to the address maintained in our records for you. First-class mail is properly addressed if sent by you to the address published on the About Talksurgery page of the Talksurgery.com Web site. A notice sent by overnight courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.
Reward
There is no reward for applying to the Doctor Referral Program. The current reward for successful completion of the Doctor Referral Program is listed on our Web site. We may, in our sole discretion, waive, reduce, or reverse rewards for a specific referral. We may modify the reward upon notice to you or on our Web site.
Rights of Talksurgery.com
We may refuse participation to anyone for any reason. We may amend this Agreement (including without limitation the applicable fees) at any time in our sole discretion by notifying you.
We reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user contact details, transaction data, IP addressing, usage history, and posted content.
We make no express or implied warranties or representations with respect to the Doctor Referral Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
TALKSURGERY.COM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination of Your Participation
You may terminate your participation in the Doctor Referral Program at any time upon giving notice to us and we may terminate this Agreement at any time by giving notice to you. Also upon termination, any pending transactions will be canceled.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec, without giving effect to its conflict of laws provisions. Any dispute out of this agreement shall be subject to the exclusive jurisdiction of the competent court of the judicial district of Montreal.
Miscellaneous
This Agreement constitutes the entire agreement between you and Talksurgery.com with respect to the Doctor Referral Program. If any provision of the Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. The failure by Talksurgery.com to insist upon or enforce strict performance of any provision of the Agreement will not be construed as a waiver of any provision or right of Talksurgery.com. The Agreement will inure to the benefit of Talksurgery.com and its successors and assigns.
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Women experience greater overall weight gains and more notable weight fluctuations than men.
(Source: the Role of Weight Management in the Health of Women" by Sachiko T. St. Jeor, professor and director of Nutrition Education and Research at the University of Nevada, School of Medicine)
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