TroopScore LLC, together with our related, affiliated and/or subsidiary companies (hereinafter referred to as “TroopScore,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our products and services (collectively, the “Products and Services”), which are made available to you through a variety of platforms, including, but not limited to, www.troopscore.com (the “Website”) and our mobile app, which is accessible through tablets, cell phones, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” Please refer to the TroopScore Community Guidelines for any questions about expected behavior when interacting with other members.
This Platform Does Not Provide Medical Advice
The Website, the App, the Products and Services, and the Content are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider for answers to any questions you may have regarding a medical or health related condition. The Website, the App, the Products and Services, or the Content is not intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on our Platform. Reliance on the Website, the App, the Products and Services, and the Content is solely at your own risk.
We do not recommend or endorse any particular Healthcare Provider (defined below) whose information, reviews, or ratings appear on our Platform. TroopScore is forum that provides the aforementioned content regarding Healthcare Providers. No Content or other information contained on the Platform should be construed as a recommendation or endorsement of a particular Healthcare Provider. The Content and other information on Platform include statements of opinion, which are not statements of fact or our recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to selecting and using any specific Healthcare Provider. The opinions expressed on Platform are those of our users and not ours. We do not offer advice regarding the quality or suitability of any particular Healthcare Provider for any condition, including specific treatments or health conditions.
You agree to assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through our Platform. You specifically acknowledge and agree that we are not responsible or liable for any advice, treatment or other services rendered by any Healthcare Provider, or for any claims (malpractice or otherwise) that may arise directly or indirectly from any such advice, treatment or other services.
“You” and “Your” refer to you, as a user of the Website. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Website.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through or in connection with the Platform, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Platform. “TroopScore Content” means Content that we create and make available in connection with the Platform. “Third Party Content” means Content that originates from parties other than TroopScore or its users, which is made available in connection with the Platform. “Website Content” means all of the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and TroopScore Content.
Description of Platform
Through the Platform, TroopScore offers information on physicians, psychologists, healthcare providers, healthcare facilities, long-term care facilities, hospitals, insurers and other providers of healthcare services and persons working on their behalves (collectively, the “Healthcare Providers”). TroopScore organizes key information to help you make informed choices in your search to independently assess particular Healthcare Providers. TroopScore enables such assessment by providing profiles, ratings, feedback, comments, indexes, scorecards, materials and other informative details about the Healthcare Providers arranged in a simple-to-use format.
The Platform is currently provided to you for free. However, we reserve the right to add begin charging fees at any time upon notice to You. This includes offering premium memberships to veterans and paid memberships to non-veterans.
Using the Platform
- Permission to use the Platform
- Platform Availability
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- User Accounts and Passwords
Access to certain areas of the Platform, the Content and the Products and Services are limited by a user identifier (“User ID”) and password, which are selected and/or supplied by You as part of registering for an account via the Website and/or the App (individually and collectively, the “TroopScore account”). By registering a TroopScore account, You represent, warrant and agree that: (i) You are at least 18 years of age, (ii) You are using Your actual identity, (iii) You have provided only true, accurate, current and complete information about You during the registration process, and (iv) You will maintain and promptly update the information that You provide to keep it true, accurate, current and complete.
Your account is for your personal, non-commercial use only. You may not impersonate someone else. By logging onto a TroopScore account using a password, You represent, warrant and agree that You are authorized to use such password and to engage in the activities that You conduct thereunder. You further agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Your TroopScore account regardless of whether or not You are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your TroopScore account, Your computer or Your mobile device. Accordingly, You release and hold harmless TroopScore Parties from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of Your TroopScore account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password to or with any third party.
- Responsibility for Your Content
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. You agree to defend (at TroopScore Parties’ (as defined below) option and at your sole expense), indemnify and hold TroopScore Parties harmless from any damages, losses, costs, or expenses, including reasonable attorneys’ fees, which any TroopScore Party may incur as a result of Your Content.
With respect to Your Content, You represent, warrant and covenant that:
- If Your Content concerns Healthcare Providers, Your Content will be true and accurate, will be Your original work, only concern or relate to the care or service that You received from the Healthcare Providers being reviewed, that You are not related to or employed by the Healthcare Providers being reviewed and that You are not impersonating any other person;
- If You are a Healthcare Provider submitting or editing any content, Your Content will be true and accurate, will be Your original work, You are the Healthcare Provider specifically identified in the Content being submitted or edited, and Your Content will only concern You and the services that You provide.
- If You are a person authorized by a Healthcare Provider to submit or edit content specifically related to that Healthcare Provider, Your Content will be true and accurate, will be Your original work, You are authorized by the Healthcare Provider identified in the Content being submitted or edited to make such edits and Your Content will only concern that Healthcare Provider and the services provided by that Healthcare Provider.
- You have the right to submit Your Content without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Content will not contain any content, personally identifiable information (other than the name of the Healthcare Providers being reviewed), information, or materials of any kind that relates or refers to any other person or entity other than the person or entity being reviewed;
- Your Content will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (i) libel, defame, disparage or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Content may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal or other illegal activity, (vii) promote or advertise any person, product or service or solicit funds, (viii) are deemed confidential by any contract or policy, or (ix) promote violence, firearms, ammunition, or weapons.
- Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Website and any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against TroopScore and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between You and TroopScore, You own Your Content. We own the TroopScore Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the TroopScore Content and the Platform, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the TroopScore Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant You any express or implied rights, and all rights in and to the Platform and the TroopScore Content are retained by us.
User Content (including any that may have been created by users employed or contracted by TroopScore) does not necessarily reflect the opinion of TroopScore. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to You. We have no obligation to retain or provide You with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Third Parties and External Links
TroopScore does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and applications and You acknowledge and agree that TroopScore shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. TroopScore does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to our Platform. Unless approved in writing in advance by TroopScore, You agree not to: (i) provide or create a link to our Platform, or (ii) create any frames at any other websites or mobile applications pertaining to any of the Content located on our Platform.
NONE OF TROOPSCORE, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS OR SUPPLIERS (COLLECTIVELY, THE “TROOPSCORE PARTIES”) ENDORSE ANY USER, HEALTHCARE PROVIDER OR ANY CONTENT POSTED BY ANY USER OR HEALTHCARE PROVIDER (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVISE EXPRESSED BY ANY USER OR HEALTHCARE PROVIDER).
YOU AGREE THAT YOUR USE OF THE PLATFORM AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES OR IMPROVEMENTS THERETO AT ANY TIME WITHOUT NOTICE. THE PLATFORM AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. TROOPSCORE PARTIES DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE WEBSITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THE PLATFORM.
SOME OF THE CONTENT, INCLUDING BUT NOT LIMITED TO HEALTHCARE PROVIDER INFORMATION, DATA, RESEARCH, ANALYSIS, REVIEWS AND RATINGS ARE PROVIDED BY THIRD PARTY INFORMATION PROVIDERS. NONE OF THE TROOPSCORE PARTIES MAKE ANY REPRESENTATION WITH RESPECT TO, OR GUARANTY OR ENDORSE THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF ANY INFORMATION, MATERIALS OR OTHER DATA PROVIDED BY ANY SUCH THIRD PARTY INFORMATION PROVIDERS.
NONE OF THE TROOPSCORE PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE PLATFORM OR ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. TROOPSCORE PARTIES DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY AGREEMENTS YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU OBTAIN FROM HEALTHCARE PROVIDERS OR THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THE PLATFORM, AND YOU AGREE TO LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE PLATFORM, THE PRODUCTS OR SERVICES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SAME. NONE OF THE TROOPSCORE PARTIES WILL BE LIABLE FOR ANY DAMAGES OR INJURY FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (WHERE NEGLIGENCE IS THE STANDARD OF CULPABILITY) CAUSED BY YOUR USE OF THE PLATFORM, OR THE CONTENT OR THE PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. NONE OF THE TROOPSCORE PARTIES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE PLATFORM, AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE PLATFORM, EVEN IF A TROOPSCORE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE TROOPSCORE PARTIES TO YOU FOR DIRECT DAMAGES ARISING UNDER THIS AGREEMENT OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE TROOPSCORE PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Jurisdiction; Choice of Law; Venue
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, YOU EXPRESSLY AGREE THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE OR PROCEEDING RELATING TO YOUR ACCESS TO, OR DOWNLOADING, INSTALLATION OR USE OF, THE PLATFORM SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT LOCATED IN OF THE STATE OF NORTH CAROLINA, U.S.A., AND YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN THESE COURTS IN ANY SUCH DISPUTE OR PROCEEDING.
Arbitration and Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between TroopScore and You individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Last Updated Friday, 18 August 2017
TroopScore is not affiliated with nor endorsed by the U.S. Dept. of Veterans Affairs. Use of Dept. of Defense (DoD) imagery does not constitute nor imply DoD endorsement.