These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. We reserve the right to change or modify these User Agreement and Terms or any Policy or guideline of the Platform or Services at any time. We will notify registered users of changes by posting updates to https://www.DocHelp.com/User/UserAgreementAndTermsOfUse. Your use of the Platform or Services will be subject to the most current version of the User Agreement and Terms including the User Policies, posted on the Platform properties at the time of your use. We recommend that you check the Platform you are using from time to time to inform yourself of any changes in these User Agreement Terms or any other part of the User Policies, and you are solely responsible for reviewing and becoming familiar with any modifications to it or these Terms.
All terms and conditions of this User Agreement Terms are subject to state and federal health care laws, program requirements and accreditation standards. Any term, condition or provision now or hereafter required to be included in the User Agreement by state or federal laws, program requirements or accreditation standards shall be deemed incorporated herein and binding upon and enforceable, regardless of whether the term, condition or provision is expressly stated in the User Agreement.
We make some Services available without registering or obtaining a password. We call these "Public Services." You may make personal, non-commercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of DocHelp, Inc. Personal use also includes temporary caching by your browser or a proxy server.
If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our Sitemaps and Crawl-delay directive (collectively, the "Protocol"), you may crawl, index and publish hyperlinks (including so-called "deep links") to the Public Services, so long as (i) you do so in compliance with the Protocol instructions published in applicable locations on our Services, (ii) you do not directly or indirectly receive remuneration in connection with the provision or display of said hyperlinks and cached pages, and (iii) if your user-agent is disallowed by us in our Protocol instructions or we otherwise notify you in writing, you shall cease all crawling of our Services. We call such a free, public search engine satisfying the requirements of clauses (i) through (iii), a "Public Search Engine," and the Public Search Engine's combined performance of clauses (i) through (iii), collectively, "Public Search Services." We may revoke the foregoing authorizations at any time as indicated in our Protocol instructions.
We reserve all rights not expressly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use.
Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these "Protected Services." One such safeguard is requiring each user to be authenticated by means of authorization (which we call, "Credentials"), such as unique identifiers, API keys, passwords, and the like. In order to obtain Credentials, you must provide certain information about yourself. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected Service on behalf of, or for the benefit of, someone other than yourself – such as your employer, client or customer (each, a "Principal") – you must also identify and provide information about each Principal.
To use certain features of the Services, you must register for an account. By registering for an account, you represent and warrant that any information that you submit is true and accurate, that you are 18 years of age or older and are fully able and competent to enter into the User Agreement, and abide by these Terms. You further agree to (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms within our registration process ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (v) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at security@DocHelp.com
Your Credentials are unique to you. You should immediately notify us by clicking here if your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials until you have properly notified us that your Credentials have been stolen or compromised. Further, you represent, warrant and covenant that:
We reserve the right to suspend or terminate your access to any Protected Service at any time, with or without cause or notice. We shall not be liable to you in any way if we suspend or terminate your access to a Protected Service or our Services.
To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:
You are not eligible to use our Services (including obtaining a Credential or entering into a User Agreement) unless you are at least 18 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction.
In compliance with the Children’s Online Privacy Protection Act, if you are under the age of 13, you may not use the Platform properties or Services under any circumstances. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you may use the Platform properties or Services only in conjunction with, and under the supervision of, a parent or guardian who has agreed to the User Agreement. Otherwise, you must be 18 years of age or older to use the Platform or Services.
If you are 18 or over and the parent or legal guardian of a person under the age of 18 (the “Minor”), you may use the Platform or Services on behalf of the Minor. By using the Platform or Services on behalf of the Minor, you represent and warrant that you are the parent or legal guardian of the Minor and that you have authorization to agree to these Terms and enter into this User Agreement on the Minor’s behalf. If you do not qualify under these terms, do not use the Platform or Services. Access and use of the Platform or Services is void where prohibited, and the right to access or use the Platform or Services is revoked in such jurisdictions.
Under no circumstances may our Services be used by a child under 13 years old.
Access to our Services is administered in the United States ("US") and is intended for users in the US. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful.
Our Services may include text, data, graphics, images, video or other content (collectively, "Content") created by us or third parties, including other users, professionals, partners, advertisers, sponsors, consumers and governmental agencies. The Content is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions. And we do not ensure the completeness, timeliness or accuracy of the Content
Our Services may allow you to access blogs, message boards, chat services, surveys and other forums where various users can share information, opinions, chats and other Content. We generally do not pre-screen or monitor user-submitted Content, and such Content may simply represent a user's opinion or Content a user finds interesting. Our Services may also include survey results, ratings or testimonials ("Evaluations") from patients, clients or other customers ("Patients") of healthcare professionals ("Professionals") that may endorse, recommend, critique, analyze, evaluate or otherwise describe the Professionals and the nature or quality of the services received by such patient, client or customer. Such Evaluations are anecdotal first-hand accounts of individual Patients, and are neither professional judgments nor the product of medical science. Such Evaluations do not in any way constitute or imply our endorsement or recommendation of any Professional. Further, Evaluations are subject to errors and biases that are common in anecdotal first-hand accounts, and should not to be presumed to be reliable or error-free. You hereby agree to post only first-hand accounts and reviews and to refrain from posting commercial information and material. Posting commercial material as DocHelp User-Submitted content is grounds for removal of the information and suspension of your DocHelp account.
Our Services may include listings and directories ("Directories") to help you find and locate medical Professionals. The Directories are provided for your convenience. The Directories are not comprehensive, but rather generally represent Professionals who use our Services and who have chosen to participate in the Directories. Further, we do not evaluate any Professional and the listing of a Professional does not in any way constitute a recommendation of or a referral to such Professional. Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications. The Professionals are solely responsible for the appropriateness and quality of the services they provide. Additionally, the Directories rely on information submitted by Professionals themselves. Unless Professionals provide us with current information, the Directory information may not be timely or accurate. You should confirm such information before obtaining services or treatment from a Professional. As a convenience, the Services may permit you to request an appointment with a Professional. However, Professionals are responsible for maintaining their own schedules, and we cannot ensure that any given Professional will be available, nor that such Professional will not cancel his or her appointment. Interaction with a Professional through or using our Services does not constitute the creation of a doctor-patient relationship.
Our Services may include advertisements or promotional messages sponsored by third parties (collectively, "Ads"). The manufacturers, services providers, distributors and resellers of the products and services identified in the Ads are solely responsible for the accuracy of their Ads and the suitability, efficacy, safety and quality of such products or services. An Ad does not in any way constitute or imply our recommendation or endorsement of such product or service.
Our Services may contain hyperlinks (including hyperlinked Ads) to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites.
Some Content may include health- or medical-related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise and nothing contained in our Services should be intended to be a medical diagnosis or treatment recommendation. Notwithstanding any representations to the contrary provided through the Services, no medical professional/patient relationship is created by your use of our Services or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately. The Information and services that you obtain or receive from DocHelp, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the platform is for general informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations. If you submit a medically related question to DocHelp, answers are (i) provided by independent health care professionals and organizations, (ii) for informational purposes only, and (iii) do not establish any doctor-patient relationship. THE INFORMATION PROVIDED ON THE PLATFORM AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH DOCHELP IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE PLATFROM. DO NOT USE THE PLATFORM OR ANY OF OUR SOLUTIONS FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE PLATFORM OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. We DO NOT RECOMMEND or ENDORSE any specific tests, doctors, dentists, health care providers, procedures, opinions, or other information that may appear on the Platform. If you rely on any of the Information provided by the Platform you do so solely at your own risk.
You acknowledge and agree that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material provided to you on the Platform (including direct responses given to your questions or postings), may be provided by a health care professional, such information is provided for informational purposes only and such material does not constitute a medical opinion, advice, or diagnosis or treatment of any condition. Additionally, you understand and agree that any information you provide on any public forum, blog-post, comment, review, or recommendation of a Provider through the Services shall be considered the property of DocHelp and shall not be considered your confidential medical or health information. You are solely responsible for
YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE PLATFORM OR AVAILABLE THROUGH ANY DOCHELP OR RELATED SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. THE INFORMATION PROVIDED ON THE PLATFORM AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH DOCHELP IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT BECAUSE OF INFORMATION PROVIDED ON THE PLATFORM. DO NOT USE THE PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911.
NO MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING OR ACCESSING INFORMATION ON OR THROUGH THE PLATFORM OR SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM DOCHELP OR THROUGH LINKS TO OTHER SITES OR THROUGH ANY ASSISTANCE OR INFORMATION WE MAY PROVIDE TO HELP YOU IDENTIFY OR LOCATE AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.
The procedures, products, services and devices discussed or advertised on the Platform may not be applicable to all individuals, patients or all clinical situations. DocHelp makes no claims as to the effectiveness of any such procedures, products, services or devices. Any products or services represented on the Platform by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not imply appropriateness for any particular individual or prediction of effectiveness, outcome or success. You are solely responsible to confirm the Information contained herein with other sources and to determine whether to seek the advice of a qualified health care professional.
Some Content available on or through the Services may include regulatory related information pertaining to you or your business. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our Services or the Content. Accordingly, always seek the advice of your attorney or advisor with any questions you may have regarding a law, regulation, or dispute.
The Platform and Services allow you to research health-care service providers (“Providers”), locate and request appointments, and leave feedback. By accessing and using the Platform and Services, you acknowledge and agree that you are solely responsible for choosing your provider. Provider information on the Platform is self-reported by the Provider and collected from multiple other data sources that may not be confirmed by the Provider or DocHelp. Such information often changes frequently and may become out of date or inaccurate. Neither the Platform nor DocHelp provides any advice or qualification certification about any Provider. You are solely responsible to perform your own investigation prior to selecting a Provider, including verifying all Provider information, credentials, licensing, membership, and/or education identified on the Platform or Services with the appropriate licensing authorities, board, association, or other entity. Information DocHelp provides regarding Providers listed on the Services should not be considered a referral to any such Provider.
Providers may also be listed on the Platform pursuant to a contractual agreement with DocHelp under which they pay a flat fee to DocHelp to have their information and/or profiles available on the Platform. DocHelp does not receive any fees from Providers for featuring them on any lists or for requests by users for appointments. In response to information you provide on the Platform (such as preferred specialty, preferred location, insurer, and form(s) of payment accepted), DocHelp provides lists and/or profiles of Providers. These lists and/or profiles may also be based on other criteria, including Provider availability, ratings, and feedback and the providers with DocHelp contracts may automatically be shown as their availability is known to the Platform.
NOTWITHSTANDING THE FOREGOING, DOCHELP MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ANY INDIVIDUAL, PROVIDER, QUALIFICATIONS, EXPERTISE, QUALITY OF SERVICES, OR INFORMATION FOUND ON OR THROUGH THE PLATFORM OR SERVICES. DOCHELP DOES NOT IN ANY WAY ENDORSE ANY INDIVIDUAL OR PROVIDER WHOSE INFORMATION IS AVAILABLE ON OR THROUGH THE PLATFORM OR SERVICES. IN NO EVENT IS DOCHELP LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
DocHelp does not accept payments for health-care services on behalf of Providers or otherwise. Any arrangement you make regarding payment for a Provider’s services is strictly between you and the Provider. You may be able to view discounted or promotional offer for services from a particular Provider and send notification to providers of your desire to use these offers and promotions or book appointments for such discounted services on our platform. If this service is covered by insurance, the discount applies to the entire item or service, and not just your cost-sharing obligation. If you are a Federal health care program beneficiary who submits your own claims, you have an obligation to report such discounts in compliance with the requirements of 42 U.S.C.§1320a 7b(b)(3) and the safe harbor regulations regarding discounts or other reduction in price.
In order to use some of the features on the Platform, you are required to register and provide certain personal and medical information about yourself or about a person from whom you have authorization to provide such information to us and create a service account. It is your responsibility to maintain the confidentiality of your account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Service or your Service Account. You agree to provide DocHelp accurate, current and complete information about yourself as may be prompted in any registration forms on the Service and promptly update any such information to keep it accurate, current and complete. DocHelp reserves the right to refuse the Service to anyone, including terminating your Service Account and/or preventing you from accessing the Service or your Service Account, with or without cause, at any time and in its sole discretion.
By using the Platform or Service, you consent to receive emails from DocHelp, which may include commercial emails provided such emails are in accordance with the preferences you select. You may change such preferences by changing your account settings on the email and notifications page of the My Account section of the Platform or via the unsubscribe link in all commercial emails. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related emails from DocHelp.
Your access and use of the Platform and the Services is at DocHelp’s sole discretion. DocHelp may, at any time without notice, terminate your access and use of the Platform or Services, terminate your license to use the Platform or the Services, and/or block or prevent your future access to and use of the Platform or the Services. You may access and use the Platform and the Services only in compliance with these Terms and all applicable local, state, national, and international law, rules, and regulations. DocHelp’s designs, text, graphics, pictures, information, data, software (and the selection and arrangement thereof) logos, code, and designs (collectively, the “Platform/Site Materials”) are all property of DocHelp and are protected by intellectual property law. Use of these items is subject to this User Agreement and is only authorized if necessary make permitted use of the Platform and the Services. Your use of the Platform and the Services grants you no right or license to reproduce or otherwise use any Platform materials or third-party trademarks or copyrighted materials, except as expressly set forth herein.
You are granted a limited, non-sublicensable license to access our Platform and use the Services, and electronically view, copy, (except where prohibited without a license) and print to hard copy portions of the Platform materials (except third party content) for your personal, informational and internal use only. You may not: (i) resell or make any other commercial or non-internal use of the Platform , the Services or the Platform Materials (or any portion thereof), unless expressly authorized in writing by DocHelp; (ii) distribute, publicly perform or publicly display any Platform Materials (or any portion thereof); (iii) modify or otherwise make any derivative uses of the Platform , the Services or the Platform Materials (or any portion thereof); (iv) use any data mining, scraper, spider robots or similar data gathering or extraction methods to access, monitor or copy any Platform Materials or other content or information used by the Platform or the Services; (v) violate the restrictions in any robot exclusion headers on the Platform or the Services or bypass or circumvent other measures used to prevent or limit access to the Platform or the Services; (vi) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-link to any portion of the Services for any purpose, unless expressly authorized in writing by DocHelp; (viii) “frame,” “mirror” or otherwise incorporate any part of the Platform or the Services into any other web site, unless expressly authorized in writing by DocHelp; or (ix) use the Platform , the Services or the Platform Materials other than for their intended purpose and as expressly permitted by these Terms.
Any use of the Platform, the Services, or the Platform materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and automatically terminates the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable health care or communications regulations and statutes. We reserve the right to revoke your authorization to access or use the Platform and the Services if we believe in our sole discretion that you have violated these Terms or for any other reason whatsoever. Unless explicitly stated herein, nothing in these Terms or the User Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license granted by these Terms is revocable at any time.
The Platform may allow users to input, upload, store, post, link, share, make available, publish or otherwise provide a wide variety of information, text and/or other materials to other users and third parties (collectively, “User Content”). You shall receive no compensation whatsoever from DocHelp for User Content. You are solely responsible for your use of any User Content, and you access and use such User Content at your own risk.
By accessing and using the Platform, you consent to DocHelp making User Content available and accessible to other users of the Platform or the Services. You also represent and warrant that you own and control all of the rights to the User Content that you provide, or that you otherwise have the lawful right to distribute and reproduce such User Content and to grant DocHelp the license for the User Content described below, and that your use and providing of such User Content does not violate these Terms or the Policies, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for DocHelp or for any third party.
By accessing or using the Platform or Services, you agree not to input, upload, store, post, link, share, make available, publish or otherwise provide through the Platform or the Services any User Content that:
We take no responsibility and assume no liability for any User Content provided by you, any user of the Platform or Services, or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, we are not liable for any statements, representations, User Content or Advertiser and Corporate Partner Content (as defined below) provided by users in any form whatsoever on any area of the Platform or through the Services. Although we have no obligation to review, screen, edit or monitor any of the User Content or Advertiser and Corporate Partner Content posted anywhere on the Platform or through the Services, we reserve the right, and have absolute discretion, to review, remove, screen, edit, or monitor any User Content and Advertiser and Corporate Partner Content provided to or through the Platform or the Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you provide to or through the Platform or the Services at your sole cost and expense. We do not own the User Content you provide to or through DocHelp, the Platform, or the Services. But in providing User Content, you grant DocHelp an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content and any information, data or other material generated through the use of the Services on or in any and all media (now known or hereafter developed). You also hereby grant each user of the Platform or the Services a non-exclusive license to access your User Content and any information, data or other material generated through the use of the Platform or the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content and information, data or other material generated through the use of the Platform, the Services and under these Terms.
The Services that DocHelp provides are always evolving and the form and nature of the Services that DocHelp provides may change from time to time without prior notice to you. In addition, DocHelp may stop (permanently or temporarily) providing the Platform or the Services (or any features within the Platform or the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on your use and storage of User Content at our sole discretion at any time without prior notice to you.
The Platform and the Services allow you to select, input, upload and share information and data in connection with and through designated user accounts (“User Accounts”) maintained by you on certain third-party social media platforms (“Third Party Services”). The Platform and the Services allow you to access Third Party Services using the Platform or the Services and to post, link, or message users of Third Party Services or otherwise act on a wide variety of information accessed by the Platform or the Services and originating from User Accounts on Third Party Services, and to collect data and generate reports based on these activities (collectively, “User Materials”). You are solely responsible for User Materials. By accessing Third Party Services through the Platform or the Services, you represent and warrant that you have the lawful right to access such Third Party Services, and that the creation, distribution and reproduction of the User Materials complies with the terms applicable to the Third Party Services. You must ensure that your use of the Platform and the Services, including use of User Materials with the Platform and/or the Services and Third Party Services, does not contain code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, by introducing viruses or similar code into the Platform or the Services, hosted systems or servers, or systems or servers maintained by providers of Third Party Services accessed through the Platform or the Services. DocHelp is not responsible for any loss or damage to User Materials. You assume all risks for the User Materials and are solely responsible for protecting and backing up the same.
We may now or in the future allow advertisers and corporate partners to post content on the Platform and within our Services and provide links to sites and content of third parties (collectively the “Advertiser and Corporate Partner Content”) as a service to those interested in this information. These advertisements may be targeted to users based on information provided to DocHelp or the Platform, or through use of the Platform or the Services, through queries made through the Services, or based on other information. We do not control, endorse or adopt any Advertiser and Corporate Partner Content, and we make no representation or warranties of any kind regarding the Advertiser and Corporate Partner Content. The types and extent of advertising by DocHelp on the Platform or in connection with the Services are subject to change. DocHelp may use data and information received or generated through your use of the Platform or Services to identify other potential users of the Platform or Services, demonstrate the capabilities of the Platform or Services and/or pursue additional marketing and promotional activities.
You agree to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Platform , the Services or the Platform Materials; (ii) your conduct; (iii) your violation of the User Agreement; (iv) your violation of the rights of any third party; and (v) any User Content or Personal Information, including Protected Health Information provided by you.
We provide the Service “as-is,” “with all faults” and “as available.” The DocHelp Parties disclaim all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. IN ADDITION, IN NO EVENT SHALL DOCHELP BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES posted ON the Platform or site or available through the service.
YOU AGREE THAT YOUR USE OF THE PLATFORM, THE SERVICES, THE PLATFORM MATERIALS AND ALL USER CONTENT IS AT YOUR SOLE RISK/ THE PLATFORM, THE SERVICES, THE PLATFORM MATERIALS AND ALL USER CONTENT, OTHER SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE PLATFORM, THE SERVICES AND THE PLATFORM MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. DOCHELP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DOCHELP DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY AND PERFORMANCE OF THE PLATFORM, THE SERVICES, THE PLATFORM MATERIALS AND THE USER CONTENT. DOCHELP DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PLATFORM OR IN CONNECTION WITH THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE PLATFORM OR THROUGH THE SERVICES OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE PLATFORM OR THROUGH THE SERVICES OR ANY USER CONTENT.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PLATFORM OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. DOCHELP DOES NOT WARRANT THAT THE PLATFORM, THE SERVICES, THE PLATFORM MATERIALS OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE PLATFORM OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. DOCHELP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES, THE PLATFORM MATERIALS OR ANY USER CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST DOCHELP, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO THE PLATFORM, THE SERVICES, THE PLATFORM MATERIALS AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Platform and the Services for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Platform and the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Platform and the Services for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.
If you believe that anything on our Platform infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement: Ravi Gadde
Full address of Designated Agent to which notification should be sent:
Infringment Agent DocHelp Inc 4042 148TH AVE NE Redmond, WA 98052 Telephone Number of Designated Agent: 425-440-9400
E-Mail Address of Designated Agent: legal@DocHelp.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We do not control your Provider's use or disclosure of your health information. Your Provider should give you a notice of privacy practices that describes how he or she uses and discloses health information about you. Your Provider's ability to disclose your health information for these and similar purposes is restricted by applicable laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Health Information Technology for Economic and Clinical Health of 2009 ("HITECH"), and the regulations adopted thereunder. If you wish to restrict the disclosures that your Provider makes of your health information, please contact your Provider directly.
We, like your Provider, are also subject to laws and regulations, including HIPAA, that govern the use and disclosure of certain personal and health information. We make the Portal available to you on behalf of your Provider, as a "business associate" (as defined by HIPAA) of your Provider, pursuant to our Healthcare Provider User Agreement. Under this agreement, we are prohibited from, among other things, using individually identifiable health information in a manner that your Provider may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of your Providers.
As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be by email, instant message, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have submitted information to us through the Services or registered for one or more of the Protected Services, our responses to you or our Service announcements and administrative messages we provide you are considered part of the Services themselves, which you may not be able to opt-out from.
You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.
By accessing the Platform or using the Services, you consent to receiving electronic communications from us. Such communications may include notices and information concerning or relating to the Platform or Services. You agree that any electronic notices, agreements, disclosures or other communications, including required consents for disclosures of protected health information will satisfy any legal communication requirements, including any requirements that such communications be in writing.
We may offer one or more forums for the exchange of information among our users. You acknowledge that any text, data, graphics, images, video or other content ("Content") that you submit in any of our forums (including discussion groups, blogs, surveys, ratings, comment forms, or message boards, collectively, "Public Forums") is available to the public. Notwithstanding the foregoing, we are under no obligation to display any of your Content that you submit, and we reserve the right to remove or edit your Content at any time, for any or no reason.
It is important that you act responsibly when submitting Content to a Public Forum. You acknowledge that any Content that you submit in a Public Forum is available to the public. You are solely responsible for any Content that you post on the Public Forums or transmit to other users of our Services. You acknowledge that any information you post in a Public Forum may be available to the public, and may result in your receiving communications from others outside our Services.
Your participation in our Public Forums is subject to our DocHelp User Community Standards and is contingent on your acknowledgment and agreement with the following:
We will not be liable to you for any Content you submit to any Public Forum.
To use certain features of the Platform or Services you may be required to provide post reviews regarding your experience with DocHelp and/or Providers. You acknowledge and agree that any review, including but not limited to suggestions, comments, ideas or other information, provided by you in the form of email or other submissions (collectively, “Reviews”) to us is non-confidential and you hereby grant DocHelp, its affiliates, subsidiaries, successors and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use such Reviews for any purpose without any compensation or attribution to you.
DocHelp does not have any responsibility, including editorial control, of any content posted by other DocHelp users, health care professionals or other third party content providers on the Platform. The statements or content posted by DocHelp users, health care professional or other third party content providers on the Platform are those of the users, health care professional or other third party content providers and are not the opinion of DocHelp. DocHelp does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the DocHelp users, health care professional or other third party content providers on the Platform. The DocHelp users, health care professionals and other third party content providers are solely responsible for the content posted by them respectively.
DocHelp does not endorse or recommend any specific Content, procedures, products, opinions, health care professionals (including, but not limited to, doctors and dentists) or any other material or information available on the Platform or through the Service. In addition, the health care professionals and specialists featured on the Platform are not employees or independent contractors of DocHelp.
There may be medical related or health related materials posted by DocHelp users, health care professionals or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Platform or Service in such a way as to limit your viewing of this material.
You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible, however, for any delay or failure in removing any Content.
We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, DocHelp will also terminate a user's account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement is:
DocHelp Inc, Inc. Attn: Copyright Agent 4042 148TH AVE NE Redmond, WA 98052
If you submit to us any ideas, suggestions or proposals (collectively, "Suggestions") relating to our Services or other products or services by any means – such as through "Contact Us," by email or other communication channels, one of our communities or user forums, or to our customer support or other personnel. With respect to such Suggestions (1) we are under no obligation of confidentiality, express or implied, with respect to such Suggestions; (2) we are entitled to use or disclose (or choose not to use or disclose) such Suggestions in any way and for any purpose; (3) such Suggestions automatically become our property without any obligation; and (4) you are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances.
Except for your Content, as between you and us, all right, title and interest in and to our Services, the Content, and the structure, organization and arrangement thereof, are and remain the exclusive property of us and our licensors. Except for the limited specific rights, we expressly grant you above, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, exploit or otherwise use our Services or any Content.
We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these User Agreement and Terms, our rights or interest, or the rights or interests of any person or entity. We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. If, for example, a user threatens to physically harm another user or any other individual, we reserve the right to fully cooperate with law enforcement authorities and the threatened individual. You hereby consent to our cooperation in such investigation.
The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State of Washington, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. If any action or other proceeding is brought on or in connection with these Terms, you agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of San Francisco in the State of California, and agree not to bring any action relating to the use of our Services or to these of these Terms in any court in any jurisdiction other than the state or federal courts located in the county of San Francisco, State of California. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms or to protect our or any third party's rights in our Services or any data, information or other content made available via our Services. You hereby waive any right to a jury trial. You also agree that we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.
You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you. Sections 4.1 through 4.14 shall survive any termination or expiration of these Terms.
ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
DOCHELP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT (INCLUDING NEGLIGENCE) SHALL DOCHELP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO US AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.
IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE "DOCHELP ENTITIES") BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE DOCHELP ENTITIES, REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE GREATER OF (1) ONE HUNDRED UNITED STATES DOLLARS (US $100), AND (2) THE AGGREGATE FEES ACTUALLY PAID BY YOU TO US FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM OR ACTION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542 (OR SIMILAR PROVISIONS OF THE LAWS OF OTHER STATES), WHICH STATES,
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
If any provision of these Terms is deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.
Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
For the purpose of these Terms, "you" means the individual user of our Services. If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer's client, if your employer has been engaged to access our Services (any such employer, client or other third party, a "Principal")), then "you" also refers to such Principal. If you are using our Services on behalf of a Principal, (a) you represent and warrant that you have the authority to bind, and have bound, such Principal to these Terms; and (b) you agree to be jointly and severally liable for any breach of these Terms by Principal."DocHelp Inc”, “DocHelp”, "we," "our," and "us" means, collectively, DocHelp Inc and our current and future subsidiaries and affiliates.
In addition, the words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation." The word "will" shall be construed to have the same meaning and effect as the word "shall." The word "or" shall be construed to have the same meaning and effect as "and/or." The words "herein," "hereof" and "hereunder," and words of similar import, shall be construed to refer to these Terms. The headings used in these User Agreement and Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
These Terms in the User Agreement and Terms, constitute the entire agreement between you and DocHelp Inc regarding any services accessed via our Services, and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof; provided, however, (a) in the event of an express conflict between any specific provision included in these Terms and an express provision in a User Agreement, the provision set forth in this User Agreement and Terms shall prevail, and (b) these User Agreement and Terms shall cover all rights, obligations, terms and conditions not expressly addressed in such User Agreement.
Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We may update or change our Services or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Services, we may post notice or notify you via email or our website(s) of any such change. The most current version of the Terms shall govern and supersede all previous versions.
Questions, comments and any other correspondence regarding our Platform may be directed to us at the email address contact@DocHelp.com.