Last revision: August 25, 2019
Information you provide about yourself
- Public information. When you create an account or a detailed profile with QSPACES, you may also provide us with additional personally identifiable information that will be available to the public and appear as part of your account profile or as the author of any reviews that you post. This information includes, for example, your username (if it includes your name or other information that could be used to identify you), age, gender, sexual orientation, or location or other demographic information, or health status.
It is your responsibility to decide whether this public information personally identifies you or not and to only include information that you are comfortable making public. By providing this type of personally identifiable information, you acknowledge that you have chosen to make it public at your sole discretion and that it will be available publicly to users of QSPACES and others that make use of QSPACES services.
Information you share in public areas
QSPACES is a public platform for sharing reviews of healthcare providers. Any information, other than the “private information” above, that you choose to share on QSPACES will be available publicly, both to users of QSPACES and others. You should be careful about what you share.
Information in your reviews
Posting a review on QSPACES is anonymous. However, reviews you post on QSPACES may include some of the “public information” above, which may include personally identifiable information (as described above) that may make them not anonymous. In addition, when you write a review, you may choose to include information relating to your experiences with the healthcare provider or your personal health concerns or conditions. The content of your reviews, therefore, may include information relating to your medical history, if you include it in your review, and this may be associated with public information that includes information that could personally identify you. Again, you should be careful about what you share.
Information about others
QSPACES is a public forum and the rules of public courtesy and etiquette apply. You may not disclose any private or personal information about another person, such as a peer in your community, without prior consent.
If you do not want us to store metadata associated with content you share on QSPACES, you must remove the metadata before uploading the content.
Information we collect
- Site activity information. We keep track of most of the actions you take on QSPACES, including but not limited to when you post a review. Additionally, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various technologies, including cookies. Please see how we use this data below for additional information about why we collect this data.
- Access device and browser information. When you access QSPACES from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.
- Web token information. We use web tokens (and may use “cookies”) (small pieces of code or data we transmit to or store for an extended period of time on your browser, computer, mobile phone, or other device) to make QSPACES easier to use, to make our advertising better, and to protect both you and QSPACES. You can remove or block web tokens and cookies using the settings in your browser, but in some cases that may impact your ability to use QSPACES.
How we share and use your information
- To serve personalized recommendations to you. QSPACES may utilize information that does not personally identify you in order to personalize QSPACES for our users. For example, this information may allow us to recommend healthcare providers or medical information to you based on what you have clicked or responded to in the past.
- To serve personalized advertising to you. QSPACES does not sell or share your personally identifying information with advertisers. However, we may share and utilize information that is not personally identifying, even after you delete your account, with our advertisers. We may allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the attributes we have collected to select the appropriate audience for those advertisements. When you click on or otherwise interact with an advertisement, there is a possibility that the advertiser may place a cookie in your browser and note that it meets the criteria they selected.
- California Privacy Rights. We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party.
To work with our service providers. QSPACES may share your information with service providers who are working with us in connection with the operation of QSPACES or our services. These service providers may have access to your private and public personally identifying information only to perform services on our behalf and will be obligated not to disclose it or use it for any other purposes.
To generate market research. QSPACES does not sell or share your personally identifying information. However, QSPACES may use information that is not personally identifying (such as information you share in public areas or, so long as it has been disconnected from your unique personally identifiable information) without limitations or restrictions, for any purpose, even after you delete your account. These purposes may include, among others, producing market research reports or providing dashboard database access for third party market research.
To contact you. QSPACES may contact you with service-related announcements, marketing communications, promotions and other information. We may include personally identifiable information and content you see on QSPACES in the communications we send to you.
Other requirements. QSPACES may use information about you for any other purpose that we determine in our reasonable discretion is necessary or appropriate in connection with the operation of QSPACES, including maintaining, termination or transferring accounts, enabling or restricting access to accounts or ensuring compliance with our policies or applicable legal requirements. QSPACES shares your information with third parties when we believe the sharing is permitted by you or is reasonably necessary in connection with the operation of QSPACES or when legally required to do so.
How you can change or remove information
- Editing and deactivating your profile. You may change or remove your profile information at any time in accordance with the instructions on QSPACES. If you want to stop using your account you may deactivate it or delete it. When you deactivate an account, it will not be deleted. We save your profile information in case you later decide to reactivate your account. When you delete an account, it is permanently deleted from QSPACES and may never be reactivated. When we delete your account, this means we delete all personally identifying information, but we do NOT delete information that is not personally identifying. By using QSPACES, you agree that we may keep this information permanently.
How we protect information
- Risks inherent in sharing information. Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on QSPACES, including personally identifiable information, will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on QSPACES. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
Report violations. You should report any security violations to us at email@example.com.
Your risks regarding healthcare providers
QSPACES is a platform for sharing reviews of healthcare providers posted by our users. We do not verify any of those reviews or recommend any healthcare provider or connect you with a healthcare provider.
We are not providing medical, health or health benefit advice, information or services.
We do not arrange for healthcare services or participate in the provision of services by healthcare providers. We have no control over and are not responsible for the acts or omissions of healthcare providers, notwithstanding any information about a healthcare provider included on QSPACES.
We do not assess the experience, training, ability, competence or qualifications of healthcare providers, do not verify any information provided to us by healthcare providers or in reviews, do not conduct background checks on healthcare providers and are not responsible for any inaccuracy of information on QSPACES relating to any of those matters or in any review posted on QSPACES.
We make no representation or warranty about the quality or accuracy of any healthcare provider or of any review posted on QSPACES. Your use of information available on QSPACES is at your own risk.
Waiver of claims against us
Our limitations of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM THE USE OF QSPACES, ANY INFORMATION OR CONTENT POSTED OR MADE AVAILABLE THROUGH QSPACES (OR ANY ACCESS TO OR DISCLOSURE THEREOF) OR ANY OTHER MATTER RELATING TO QSPACES.
YOU HEREBY WAIVE AND RELEASE ALL RIGHTS RELATING TO THE FOREGOING.
THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Your indemnification obligations
- You must create an account in order to access or use certain features of QSPACES. To do so, you must create an account by following the instructions on QSPACES.
- You must keep your account information accurate and up-to-date.
- You may not create more than one account or create an account for anyone other than yourself other than a care recipient for whom you are legally authorized to do so. You may not transfer your account. You may not solicit login information or access an account belonging to someone else.
- If we disable or terminate your account, you may not create another one without our permission.
- You may not use your account for commercial gain. You may not send or otherwise post unauthorized commercial communications (such as spam) on QSPACES. You may not offer any contest, giveaway, or sweepstakes on QSPACES.
- You may not use QSPACES if you are under the age of 13. If you are under 13, please do not attempt to create an account or provide any personal or other information about yourself to us.
- If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains that it does not closely relate to a user’s actual name).
- You may not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your account and the privacy of your account information. You are also solely responsible for all activity on your account, including all purchases made or content provided through your account (with or without your knowledge or consent).
It is critical that you keep you account access information private and not share it with anyone. If you lose your access credentials, or feel like they have been stolen or made public, please change them immediately.
Content you provide
- All reviews, content and information you post on QSPACES must be honest and accurate. You may not send or post any untrue review, content or information. You represent and warrant that all reviews, content and information you post on QSPACES is and will be true and correct in all respects.
- You represent and warrant that you have and will have the right to post all content and information posted by you (such as third party images, articles or links) without violation of anyone else’s, including any healthcare provider’s rights, including their rights of privacy and intellectual property rights. QSPACES has the right (but not the obligation) to edit, delete, publish or not publish anything posted by you. You, and not QSPACES, are liable for reviews, content or information you post on or link to QSPACES.
- Without limiting the foregoing, you represent and warrant that all information you post relating to any healthcare provider will not be defamatory or otherwise slanderous, libelous or in violation of any law or rights of the healthcare provider or improperly damaging or disparaging to the healthcare provider’s reputation.
- You hereby sell, transfer and assign to us your entire right, title and interest in and to all trademarks, trade secrets, inventions, improvements, ideas or copyrightable works, including all rights to obtain, register, perfect and enforce these proprietary interests, which relate to QSPACES. Whether during your membership or thereafter, you will execute and deliver to us such formal transfers and assignments and such other documents as we may reasonably require.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about QSPACES provided by you are non-confidential and shall become the sole property of ours. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- You may not access QSPACES or collect users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You may not upload viruses or other malicious code.
- You may not do anything that could disable, overburden, or impair the proper working of QSPACES, such as a denial of service attack.
- You may, directly or through third parties, link content on or to QSPACES only for the express purposes of the QSPACES service, as determined by QSPACES at our sole discretion.
- You may not bully, intimidate, or harass any QSPACES user.
- You may not post content that is hateful, sexist, threatening, or pornographic, or incites violence, or contains nudity or graphic or gratuitous violence or profanity.
- You may not use QSPACES to do anything unlawful, misleading, malicious, or discriminatory.
Termination by us
Modification or suspension of QSPACES
You agree that we may, in our sole discretion, and at any time, modify, discontinue, or suspend its operation of QSPACES, or any part of QSPACES, temporarily or permanently, without notice to you, and you agree that we will not be liable for any consequences of doing so.
When you communicate with us via email or through QSPACES, you are communicating with us electronically. You agree that we may communicate electronically and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance with laws
You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of QSPACES, including intellectual property laws and privacy laws.
Protection of QSPACES intellectual property rights
You acknowledge that content available through QSPACES, including content in the form of text, graphics, software, music, sound, photographs, and videos, is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws.
Except as otherwise noted, all content posted on QSPACES is:
Copyright © 2019 QSPACES, LLC
All Rights Reserved
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on QSPACES or any content available through QSPACES.
You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from QSPACES in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior our written permission.
You may not frame any trademark, logo, or other proprietary information on QSPACES, without our express, prior written consent, and you may not remove or obscure the copyright notice or other notices displayed on the content.
The trademarks, logos, service marks, names and tag lines, including “QSPACES”, displayed on QSPACES (collectively the “Marks”) identify QSPACES’s products and services, and inform the public that we are the source of those products and services. Nothing contained on QSPACES should be construed as granting any right or license to use any Mark displayed on QSPACES. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
- To identify materials or services that are not QSPACES materials or services;
- In, as, or part of your own trademarks or services marks;
- In an manner likely to cause confusion;
- In a manner that implies inaccurately that QSPACES or we sponsor, endorse or are otherwise connected with you, your products, services or other activities; or
- In a manner that disparages QSPACES, us or dilutes the Marks.
You are also advised that we may enforce our intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use any Marks without our prior written permission.
Disclaimer of warranties with respect to use of QSPACES
QSPACES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WE DO NOT MAKE ANY WARRANTY THAT QSPACES MAY MEET YOUR REQUIREMENTS.
WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF QSPACES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY REVIEW POSTED ON OR INFORMATION OBTAINED THROUGH QSPACES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF QSPACES IS USED AT YOUR OWN RISK AND THAT YOU MAY BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Severability of Terms
Either you or we may demand that any dispute between you and us about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, PA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.