Last updated: October 26, 2020
Welcome to DocResponse! This User Terms of Service (“Agreement“) is a legally binding contract between DocResponse, Inc. (“DocResponse,” “we,” “our,” or “us“) and you (“User” or “you“) that sets forth what you can expect from us, and what we expect from you in connection with DocResponse’s digital check-in, documentation, telehealth and clinical decision support tool, our sites, including www.docresponse.com, clinic.docresponse.com, intake.docresponse.com, and any derivate website or application on which this Agreement is posted or provided in connection therewith (collectively, the “Technology“). This Agreement governs your use of the Technology, all Content (defined below) available through the Technology, and other products and services that are offered or provided through or in conjunction with the Technology (collectively, the “Services“). If you purport to represent or otherwise act on behalf of any other person, references to “you” or “your” shall include such person in addition to you, and your acceptance of this Agreement shall constitute acceptance on behalf of such person. You should carefully read this Agreement before agreeing to it, because it may affect your rights.
General Terms and Conditions.
- “Content” means all information, resources, tools, features, software, photos, videos, text, documentation, data, graphics, music, sounds and other materials provided by DocResponse or by other third parties via the Technology and Services.
- “Intellectual Property Rights” means all intellectual property rights associated with or relating to the Services, including, but not limited to, all Content owned or licensed by DocResponse, software, source code, algorithms, designs, formulas, procedures, methods, ideas, inventions, creations, improvements, modifications, derivative works, works of authorship, or other similar materials; copyrights, patents, trade secrets, trademarks, service marks, trade names, and other proprietary rights relating thereto; and any associated goodwill, on a worldwide basis.
- “Post” or “Posting” means any manner of posting, transmitting, uploading, inputting, providing, making available, storing or otherwise transferring any Content, User Data, material, or information.
- “User Data” means any data, information, responses, opinions, text, comments, or other materials provided by you through your use of or access to the Technology or the Services, excluding Feedback (defined below).
- Updates to this Agreement. DocResponse reserves the right, at any time and in its sole discretion, to change, modify, add or remove portions of this Agreement. Such changes shall become effective upon posting of the updated Agreement to the Technology or upon notice to you, whichever occurs earliest in time. If you have previously registered an account, we may attempt to notify you of any changes at the email address you provided to us, but we are not obligated to do so. You agree and understand you have the affirmative obligation to check this Agreement for changes from time to time, and you agree to periodically review this Agreement for such changes. The continued use of the Services following the posting of changes to this Agreement will constitute your acceptance of these changes. The most current version of this Agreement can be reviewed at www.docresponse.com/terms.
- Additional Terms and Conditions. In addition, the disclaimers, terms and conditions set forth in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application provided by DocResponse, whether through a registration process or other means. In the event of a conflict between this Agreement and any additional terms of specific application, the additional terms of specific application shall control.
- Third Party Resources. We may provide information about other resources that may be of interest, including information provided by third party partners or affiliates. DocResponse is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources, and the presentation of third-party links or content by DocResponse is not intended to be an endorsement, sponsorship or recommendation by DocResponse. Please be aware that if you use the Technology to access the websites, applications, or content of a third-party, you may be subject to the policies of such third-party. You further acknowledge and agree that DocResponse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, information, goods or services available on or through the Technology or available on or through any third-party website or resource.
Not for Children’s Use
The Services are not intended for use by children. You must be at least 18 years old to be eligible to use the Services. If you are not, but are between the ages of 13 and 17, you may only use the Services if your parents or legal guardians give you permission to use the Services. If you are under the age of 13, you may not use the Services. By using the Services, you represent that you are at least 18 years old or, if you are between the ages of 13 and 17, that you have obtained your parent’s or legal guardian’s consent to use the Services. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.
Access and Use Rights
- Grant of License. Subject to the terms and conditions of this Agreement, DocResponse hereby grants to User a limited, nonexclusive, non-transferable and non-sublicensable license for User to access and use the Technology, solely for User’s personal purposes or, if applicable, internal business purposes. All rights not otherwise expressly granted by this Agreement are reserved by DocResponse. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement, limit your access to the Technology (or any part thereof), and restrict your ability to enter, access, or receive any Content or User Data.
- Restrictions. User assumes sole and complete responsibility for ensuring the Technology is accessed and used only by User. User may not modify, decompile, reverse compile, disassemble, reverse engineer, decrypt, or otherwise seek to recreate the source code of any of the Technology, adapt the Technology in any way, use the Technology to create a derivative work, or grant any other person or entity the right or access to do so, without the advance written consent of DocResponse. User may not duplicate, copy, unbundle, sublicense, hypothecate, sell, assign, transfer, display, distribute, lend, rent, lease or host the Technology or any portion thereof to or for a third party, except as expressly permitted in this Agreement. User may not obscure or remove any proprietary rights notices contained in or on the Content.
- Changes to the Services or the Technology. DocResponse may, without prior notice, discontinue or alter any aspect of the Services or the Technology, remove Content, information, or User Date from the Technology, restrict the time the Technology or the Services are available, or restrict the amount of use of the Technology permitted. You agree that such measures shall be taken in DocResponse’ sole discretion and without liability to you or any third party.
- Delivery. User understands and agrees that the Technology and the Services (including Content) will be provided by DocResponse and/or its licensors. User understands and agrees that the Services and Technology may be hosted by DocResponse’ trusted third party hosting service provider(s) and made accessible by DocResponse to User via internet connections pursuant to this Agreement.
- Removal of Access. You agree that we may immediately suspend or terminate your access and use of the Technology or the Services (or any part thereof) in our sole discretion and without liability to you or any other person or entity for any reason, including, but not limited to:
- Discontinuance or material modification of the Technology or the Services (or any part thereof);
- Unexpected technical or security issues or problems;
- Extended periods of inactivity; and
- Your fraudulent or illegal activity.
- Primary Obligations. User agrees to cooperate with DocResponse as necessary to allow DocResponse to provide the Technology and the Services and perform its obligations pursuant to this Agreement. User agrees to provide, in a timely manner, such information, including the User Data, that is complete and accurate in all respects, as DocResponse may require to provide the Technology or the Services to User.
- User Data. DocResponse will have no responsibility or liability for lost, damaged or destroyed User Data.
- User is responsible for ensuring the accuracy of any User Data or other data provided by User through User’s use or access of the Technology or the Services.
- User Conduct. User agrees that when using or accessing the Technology or the Services, User will not:
- Delete, hack, or attempt to change or alter any Content or notices;
- Use any device, software, or routine intended to damage, bypass, modify, circumvent or interfere with the proper functioning of the Technology, servers, or networks connected to the Technology, or take any other action that interferes with any other person’s use or access of the Technology or the Services;
- Use any automatic or manual device or process to harvest or compile information from the Technology for any reason;
- Introduce into the Technology any malicious or intentionally destructive software routines designed to permit unauthorized access to limit the functionality of computer software or hardware, gain unauthorized access to any other computer system, crack passwords or security encryption codes, or otherwise disable, erase, or harm the Technology or any Content;
- Attempt to access any other user’s information or User Data;
- Send any chain letters, junk mail, spam, unauthorized e-mail, or advertisements;
- Encourage any illegal activities, or post anything that is obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
- Use the Content or the information in the Technology for any purpose outside the scope of this Agreement or in violation of the terms set forth herein; or
- Enter, upload, or transmit any User Data that is intentionally inaccurate or unlawful.
User may be required to register an account in order to access or use the Technology or the Services. The registration process, if applicable, will require User to provide certain requested information (including personal information). Upon completion of the registration process, if applicable, User will be provided with account and login information. User must immediately notify us if any of User’s registration information changes or if User learns of or has reason to suspect any unauthorized use of User’s account or any other breach of security. User is responsible for maintaining the confidentiality of User’s username and password and is fully responsible for all activities that occur under User’s account. User also agrees to provide truthful and accurate information during the registration process and in connection with User’s use or access of the Technology or the Services.
Intellectual Property Rights
- Content. DocResponse reserves all Intellectual Property Rights existing in any Content included in, obtained on, or provided by the Technology or the Services, and these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any Intellectual Property Rights of DocResponse or third parties. Unless otherwise provided herein, Content may not be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way without the prior written permission of DocResponse.
- User Data. By entering or otherwise providing User Data, you hereby grant to DocResponse the right to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sublicense and create derivative works and compilations incorporating such User Data. DocResponse does not make any warranties or representations regarding any of the User Data. User is responsible for the accuracy and content of all User Data. User is also responsible for securing and maintaining all rights in User Data to allow DocResponse to provide the Technology and the Services to User without violating any third party’s rights, including any intellectual property rights. DocResponse may monitor or remove User Data as required or permitted by law or otherwise, all of the foregoing in DocResponse’s sole discretion.
- Ownership Rights. The Technology (including the Content) are licensed and not sold to User. User shall not acquire any rights whatsoever in the Technology or the Content aside from the limited licenses granted under this Agreement, and User expressly disclaims any other rights. All rights not specifically granted herein are reserved by DocResponse and its licensors. Unless otherwise specifically noted in this Agreement or within the Technology, all Intellectual Property Rights inhering in the Technology or the Services are the property of DocResponse and/or its licensors and may not be used without DocResponse’ prior written consent. Any unauthorized use of any Content, whether owned by DocResponse or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute any intellectual property found in or associated with the Technology, the Content, or the Services, or any part thereof, or grant any other person or entity the right or access to do so.
- Removal of User Data. If you would like us to remove your User Data from the Technology, please contact us at email@example.com. Even if we agree to remove your User Data, it may not be completely removed or may be otherwise accessible to others in the following circumstances:
- Your User Data has been incorporated into derivative works or compilations created by us or third parties;
- Your User Data has been retained in our data backup systems or for archival purposes;
- To the extent your User Data has been provided to or downloaded by other persons and such persons retain your User Data; and
- To the extent we are required by law to retain such User Data. Any comments, feedback, information, or materials regarding the Services (collectively, “Feedback”) that you submit to us shall become DocResponse’s property. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to DocResponse, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. DocResponse shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.
Protected Health Information
If applicable, you may desire to use the Technology or the Services for the collection and storage of confidential patient information or protected health information (“Patient Information“). State and federal laws, policies, procedures, and guidelines of any applicable health care facility, and ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Content or User Data, or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient and/or parental consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Technology or the Services (or any part thereof) and any third party website. You agree DocResponse, DocResponse’s licensors and licensees, and all other persons or entities involved in the operation of the Technology or the Services (or any part thereof), have the right to monitor, retrieve, store, review, and use Patient Information, if applicable, in connection with the operation or use of the Technology or the provision of Services (or any part thereof) provided via the Technology, and are acting on your behalf in transmitting Patient Information.
Consent to Use of Telehealth Technology
- The Technology and the Services may allow your healthcare provider to receive certain medical history information from you electronically, analyze that information using the Technology and Services, and then use that information and analysis to provide you treatment, diagnoses, or other healthcare services based on your healthcare provider’s professional judgment. DocResponse facilitates and enhances your healthcare provider’s ability to treat you. DocResponse is not providing you any medical treatment. Any information or advice comes from your healthcare provider and not from DocResponse.
- NEITHER DOCRESPONSE NOR ANY OF ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A HEALTHCARE PROVIDER VIA THE SERVICES NOR FOR ANY INFORMATION OBTAINED FROM OUR SERVICES. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY HEALTHCARE PROVIDERS OR INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
- DocResponse does not make any representations or warranties about the training or skill of any healthcare providers using the Services. You are ultimately responsible for choosing your particular healthcare provider. You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the healthcare providers you access through the Services are relying upon this certification in order to interact with you.
- To the extent your healthcare provider may be providing healthcare services to you via the Services, if at all, by clicking the “AGREE” button you acknowledge that you are consenting to receiving care from your healthcare provider via the Services. The scope of care will be at the sole discretion of your healthcare provider who is utilizing the Services and is treating you, with no guarantee of diagnosis, treatment, or prescription. The healthcare provider will determine whether or not utilization of the Services is appropriate for your particular condition.
DocResponse cannot and does not assume any responsibility for your use or misuse of User Data, Content, Patient Information or other information transmitted, monitored, stored, or received while using or accessing the Technology or the Services (or any portion thereof). We reserve the right to amend or delete any Content or User Data (along with the right to terminate or restrict use of or access to the Technology or the Services) that in our sole discretion violates any of the above. By entering User Data via the Technology, you further understand and agree that you do so at your own risk and that we are not responsible for the damage or loss of any such User Data. You agree that DocResponse is not liable for any legal violation caused by your use or misuse of User Data, Content, Patient Information or other information transmitted, monitored, stored, or received while using or accessing the Technology or the Services (or any portion thereof).
DocResponse’ Termination and Suspension Rights
- Term & Termination. This Agreement is effective as set forth herein and shall continue in full force until terminated. You agree DocResponse may immediately suspend your account and your access to the Technology or the Services in order to conduct an investigation in the event it believes you have violated this Agreement or if it determines that you are a repeat infringer of another’s intellectual property or other rights. In addition to any other method of termination or suspension provided for in this Agreement, DocResponse reserves the right to terminate this Agreement at any time and for any reason upon 10 days’ notice to you. Further, you agree DocResponse shall not be liable to you or any third-party for any termination or suspension of your access to the Technology or the Services or any part thereof, or for the removal of any Content. Except as otherwise set forth in this Agreement, you may terminate this Agreement at any time by immediately discontinuing all use and access to the Technology and the Services and by providing notice to DocResponse of your desire to terminate this Agreement.
- Effect of Termination. Termination will not negate any obligations arising from or accruing from authorized activities of up to the effective time of termination. Termination or cancellation of this Agreement shall not affect any right or relief to which DocResponse may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all access to and use of the Technology and the Services (and any portion thereof) and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.
- Data Storage Upon Termination. You hereby acknowledge DocResponse does not have any obligation to store or otherwise keep or maintain User Data after the termination of this Agreement, except as provided in this Agreement or as required by applicable law. Except as prohibited by applicable law, following termination of this Agreement, we shall have the right to permanently and unconditionally delete, erase or otherwise destroy any User Data. If applicable to the Services we provided to you, we will give you written notice before deleting your User Data and you will have 14 days from receipt of such written notice to request a copy of your User Data. You will be responsible for all costs associated with and relating to creating a copy of your User Data, including, but not limited to, hourly labor costs, hardware costs, and shipping costs. Except as set forth herein, our right to delete the User Data pursuant to this Agreement is absolute and shall not be modified by any notice, request or demand. In no event shall DocResponse be obligated to manipulate the User Data or otherwise provide the User Data in any non-native form, unless we otherwise agree to in writing.
You hereby represent and warrant to DocResponse that (i) all information provided by you to DocResponse is truthful, accurate and complete; and (ii) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your access or use of the Technology or the Services or any part thereof. For any User Data that you provide to DocResponse or enter via the Technology, you hereby represent and warrant: (a) you are owner of such User Data or otherwise have the right to grant DocResponse the rights granted herein; (b) you have secured any and all consents necessary to enter such User Data and to grant the rights pertaining to the same; (c) the User Data does not violate the rights of any third party, including, without limitation, the Intellectual Property, privacy or publicity rights of any third party, and such User Data does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Data will not result in harm or personal injury to any third party.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
- INFORMATIONAL USE ONLY. The Technology and the Services are available for informational and educational purposes only, and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients and developing therapy plans. The Technology, the Content, and the Services are not intended to be the sole basis for any treatment or therapy. By accessing this information, you assume full responsibility for the use of the information and agree that DocResponse is not responsible or liable for any claim, loss, or damage arising from the use of the information. DocResponse does not recommend or endorse any specific treatment plans, therapy programs, drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned or included in the Technology, the Content, or the Services. Your reliance upon the Content obtained or used by you, or upon the Services, is solely at your own risk.
- ERRORS AND DEFECTS. We use reasonable efforts to maintain the Technology and the Services, but we are not responsible for any defects or failures associated with the Technology or the Services, any part thereof, any Content, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Technology or the Services (or a portion thereof) may be inaccessible or inoperable for any reason and without notice to you, including, without limitation: equipment malfunctions, periodic maintenance procedures or repairs which DocResponse may undertake from time to time, or causes beyond the control of DocResponse or which are not foreseeable by DocResponse.
- DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE TECHNOLOGY, THE CONTENT, AND THE SERVICES (OR ANY PART THEREOF), ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, DOCRESPONSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE TECHNOLOGY, THE CONTENT, OR THE SERVICES (OR ANY PART THEREOF); (2) RELIANCE ON THE TECHNOLOGY, THE CONTENT, OR THE SERVICES (OR ANY PART THEREOF); (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES; (4) INFORMATION COMMUNICATED VIA THE TECHNOLOGY, IN ASSOCIATION WITH THE CONTENT, OR IN CONNECTION WITH THE PROVISION OF THE SERVICES (OR ANY PART THEREOF); (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS, OR LEGAL AUTHORITY OR THE LIKE; (6) THE COMPLIANCE WITH ANY POLICY, PROCEDURE, OR GUIDELINE OF ANY APPLICABLE HEALTH CARE FACILITY OR HEALTHCARE PROVIDER; OR (7) ANY OTHER FAILURE TO PERFORM BY DOCRESPONSE OR DOCRESPONSE’S LICENSORS, CONTENT PROVIDERS, OR BUSINESS PARTNERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER DOCRESPONSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION, DOCRESPONSE MAKES NO WARRANTY THAT THE TECHNOLOGY, THE CONTENT, OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE TECHNOLOGY OR THE PROVISION OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIAL ACCESSED OR OTHERWISE OBTAINED THROUGH THE ACCESS OR USE OF THE TECHNOLOGY OR THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO CONTENT, ADVICE, OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR THE TECHNOLOGY SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT DOCRESPONSE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS OR VERIFY ANY LICENSES, QUALIFICATIONS OR OTHER EVIDENCE OF ELIGIBILITY OF AN USER.
Limitation of Liability
- TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER DOCRESPONSE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TECHNOLOGY, THE SERVICES, OR THE CONTENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOCRESPONSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE TECHNOLOGY, THE SERVICES, OR THE CONTENT (OR ANY PART THEREOF); (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR USER DATA; OR (D) ANY OTHER MATTER RELATING TO THE TECHNOLOGY, THE CONTENT, OR THE SERVICES (OR ANY PART THEREOF). IF YOU ARE DISSATISFIED WITH THE TECHNOLOGY, THE CONTENT, OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE YOUR ACCESS AND USE OF THE TECHNOLOGY, CONTENT, AND SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL DOCRESPONSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE TECHNOLOGY AND THE SERVICES, OR ANY AMOUNT RETAINED BY DOCRESPONSE FOR PROVIDING THE TECHNOLOGY OR THE SERVICES.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Release and Indemnification
You agree to release, defend, indemnify, and hold DocResponse and its partners, affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Technology or the Services (including any Content) or any User Data, in violation of this Agreement; (b) your User Data; or (c) your negligent or wrongful conduct. The foregoing indemnification obligations includes, but is not limited to, any injuries, death, losses, or damages (compensatory, direct, incidental, consequential or otherwise), of any kind arising in connection with the foregoing. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Compliance Standards and Data Management
You acknowledge and agree to the following:
- We do not maintain nor provide end-user compliance reporting or proof of compliance of any kind.
- We shall not be liable for fines, fees, or any other liability arising from your use or access of the Technology, the Content, or the Services relating to any industry compliance, regulation, federal, state, or local law including but not limited to those arising from a loss of confidentiality, integrity and/or availability of any User Date entered or provided to DocResponse in the course of your use or access of the Technology or the Services.
- It is DocResponse’ policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. DocResponse will terminate the access of all users who infringe the intellectual property rights of others. Likewise, any apparent infringement of DocResponse’ Intellectual Property Rights by any user will result in the immediate termination of that user’s access to the Technology and the Services.
- If DocResponse removes or disables access to User Data or third party content according to this Agreement, DocResponse may provide to you the content a copy of the notification which prompted removal or disabled access to the User Data or third party content. However, DocResponse reserves the right to withhold access to and/or not replace the User Data or third party content unless ordered to do so by a court or other tribunal of competent jurisdiction.
Reporting Copyright Infringement
If you believe someone is using your copyrighted work without your permission on the Technology, you may contact our Designated Copyright Agent using the following contact information:
Attn: Tarek Fahl
9720 Cypresswood Drive, Suite 226
Houston, TX 77070
We will respond to claims of copyright infringement reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA“) or, as applicable, other laws. Notices of copyright infringement must include the following required information:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Communications from DocResponse or your Healthcare Provider
- DocResponse will primarily communicate with you via email or through a message to your account. The e-mail address you provide during the account registration process, if applicable, may be used for Technology- or Service-related communications with you. We may also send you messages via your account within the Technology or during the provision of the Services. It is your responsibility to monitor these messages and respond in an appropriate manner. Our Technology may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the Technology is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.
- From time to time, your healthcare provider may use DocResponse or other third-party providers to send you text messages or other forms of electronic messages. These messages may be used to confirm your appointments, reschedule appointments, request you to provide information before your appointment, or provide other information from your healthcare provider. The text message may contain a link to a website or application that may require you to create an account or otherwise authenticate yourself before you can read the message. By providing your telephone number to DocResponse, you consent to receive the text messages or other electronic communications from DocResponse and/or your healthcare provider. While DocResponse and your healthcare provider take reasonable efforts to ensure the text messages sent to you are secure, we cannot guarantee the security of any communications and it is your responsibility to secure your mobile device and your password used to access any such communications. Message and data rates may apply.
- You can contact us via email or through your account where possible. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail, text message, or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If you choose to request a paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice to: firstname.lastname@example.org.
Choice of Law and Venue
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SITE.
This Agreement is entered into in the State of Texas, U.S.A., and is governed by the laws of the State of Texas, U.S.A., exclusive of its choice of law rules. YOU AND DOCRESPONSE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF HARRIS IN THE STATE OF TEXAS, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Compliance with Non-US Law
We do not make any representation that the Technology, Services, Content, or other material or information provided through the Technology is appropriate to or available in locations outside of the United States. You may not use the Technology or export Content in violation of United States export laws, regulations, or restrictions. If you access the Technology from outside of the United States, you are responsible for compliance with all applicable laws.
Breach of this Agreement would cause irreparable harm and significant injury to DocResponse, which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Fixers has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies DocResponse may have.
The Technology is operated by DocResponse. All inquiries may be directed to:
Attn: Tarek Fahl
9720 Cypresswood Drive, Suite 226
Houston, TX 77070