Last Updated on March 20, 2020
Welcome, and thank you for your interest in Doqter, Inc. (“myDoqter,” “we,” or “us”) and our website at mydoqter.com, along with our related websites, networks, applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and myDoqter regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MYDOQTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 18.)
1. MyDoqter Service Overview. myDoqter offers a platform that allows users to search for physicians by specialty, symptoms, recommendations, and zip code, and connects physicians (“Doctors”) and patients for scheduling, paperwork, messaging, and billing (the “Service”).
2. Not Medical Advice; No Endorsement.
- 2.1 The Service and all materials and content provided by myDoqter are not medical advice, diagnosis, or treatment of any medical condition or health problem, or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Always consult a physician or other healthcare provider for medical care and advice. Your use of the Service does not create any express or implied medical relationship between you and myDoqter. By using the Service, you expressly release myDoqter from any and all liability arising from any interactions or communications with another user of the Service, including doctor-patient relationships.
- 2.2 The inclusion of Doctors on myDoqter does not imply myDoqter’s recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional. While myDoqter requires Doctors to provide certain information to demonstrate their qualifications, myDoqter has not independently verified the credentials or qualifications of any Doctor using the myDoqter platform. MYDOQTER SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT DOCTORS ON MYDOQTER.
3. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
4. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
5. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
- 5.1 Price. myDoqter reserves the right to determine pricing for the Service. myDoqter will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. myDoqter may change the fees for any feature of the Service, including additional fees or charges, if myDoqter gives you advance notice of changes before they apply. myDoqter, at its sole discretion, may make promotional offers with different features and different pricing to any of myDoqter’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
- 5.2 Authorization. You authorize myDoqter to charge all sums for the orders that you make, the features that you activate, and any level of Service you select as described in these Terms or published by myDoqter, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, myDoqter may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- 5.3 Delinquent Accounts. myDoqter may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
- 6.1 Limited License. Subject to your complete and ongoing compliance with these Terms, myDoqter grants you, solely for your personal, use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
- 6.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- 6.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant myDoqter an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
7. Ownership; Proprietary Rights. The Service is owned and operated by myDoqter. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by myDoqter are protected by intellectual property and other laws. All Materials included in the Service are the property of myDoqter or its third party licensors. Except as expressly authorized by myDoqter, you may not make use of the Materials. myDoqter reserves all rights to the Materials not granted expressly in these Terms.
8. Third Party Terms
- 8.1 Third Party Services and Linked Websites. myDoqter may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on myDoqter with an account on a “Third Party Service,” such as Facebook or Instagram, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that myDoqter may transfer information to and from the applicable Third Party Service. Third Party Services are not under myDoqter’s control, and, to the fullest extent permitted by law, myDoqter is not responsible for any Third Party Service’s use of your information. The Service may also contain links to third party websites. Linked websites are not under myDoqter’s control, and myDoqter is not responsible for their content.
- 8.2 Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
9. User Content
- 9.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service and send content through the Service, including private messages, reviews of Doctors, photos, video of offices and procedures, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
- 9.2 Limited License Grant to myDoqter. By providing User Content to or via the Service, you grant myDoqter a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
- 9.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
- 9.4 User Content Representations and Warranties. myDoqter disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
- a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize myDoqter and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by myDoqter , the Service, and these Terms; for clarity, to the extent you are a Doctor posting User Content related to a patient, you must have obtained written consent from that patient to post such content on the Service;
- b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause myDoqter to violate any law or regulation; and
- c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- 9.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. myDoqter may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against myDoqter with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, myDoqter does not permit copyright-infringing activities on the Service.
- 9.6 Monitoring Content. myDoqter does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; (c) the use of the Service by its users; or (d) any communications or advice given by a Doctor to a Patient. You acknowledge and agree that myDoqter reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time myDoqter chooses to monitor the content, myDoqter still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content.
- 10.1 Text Messaging. myDoqter may offer text messaging features as a part of the Service, such as to communicate with Doctors, for additional fees disclosed at the time of signing up for such feature. myDoqter and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving marketing and/or operational text messages at any time by sending an email to email@example.com indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts OR BY texting “STOP” to “786-504-7453” from the mobile device receiving the messages. You may continue to receive text messages for a short period while myDoqter processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
- 10.2 Email. We may send you emails concerning out products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
11. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- b. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
- c. violate another individual’s privacy;
- d. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- e. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- f. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- g. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age, date of birth, educational or professional credentials, or medical records;
- h. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
- i. attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
12. Digital Millennium Copyright Act
- 12.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
ATTN: Legal Department (Copyright Notification)
3150 SW 38th Ave, Coral Gables, FL 33146
Phone: (786) 688-2727
- Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
- c. a description of the material that you claim is infringing and where it is located on the Service;
- d. your address, telephone number, and email address;
- e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- 12.2 Repeat Infringers. myDoqter will promptly terminate the accounts of users that are determined by myDoqter to be repeat infringers.
13. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
14. Term, Termination and Modification of the Service
- 14.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.
- 14.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, myDoqter may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at firstname.lastname@example.org.
- 14.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay myDoqter any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3, 7, 9.2, 14.3, 15, 16, 17, 18, 19 and 20 will survive.
- 14.4 Modification of the Service. myDoqter reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. myDoqter will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
15. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify myDoqter and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “myDoqter Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature or content of Data processed by the Service; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MYDOQTER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MYDOQTER DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY DATA, MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MYDOQTER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MTDOQTER ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MYDOQTER ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE OR DISCLOSURE OF DATA, INCLUDING USER CONTENT.
MYDOQTER DOES NOT AND WILL NOT PROVIDE OR OFFER MEDICAL ADVICE THROUGH THE SERVICE. MYDOQTER DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCTORS, USER CONTENT, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. MYDOQTER IS NOT RESPONSIBLE FOR VERIFYING AND DOES NOT VERIFY THE MEDICAL CREDENTIALS PROVIDED BY DOCTORS WHO USE THE SERVICE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. myDoqter does not disclaim any warranty or other right that myDoqter is prohibited from disclaiming under applicable law.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MYDOQTER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY DATA, MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MYDOQTER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MYDOQTER ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MYDOQTER FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Dispute Resolution and Arbitration
- 18.1 Generally. In the interest of resolving disputes between you and myDoqter in the most expedient and cost effective manner, and except as described in Section 18.2 and 18.3, you and myDoqter agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MYDOQTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- 18.2 Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- 18.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to Doqter, Inc., Attention: Legal Department – Arbitration Opt-Out, Miami Green Bldg, 3150 SW 38th Ave, Coral Gables, FL 33146 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once myDoqter receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 20.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- 18.4 Arbitrator. Any arbitration between you and myDoqter will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting myDoqter. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- 18.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). myDoqter’s address for Notice is: Doqter, Inc., Miami Green Bldg, 3150 SW 38th Ave, Coral Gables, FL 33146. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or myDoqter may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or myDoqter must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by myDoqter in settlement of the dispute prior to the award, myDoqter will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- 18.6 Fees. If you commence arbitration in accordance with these Terms, myDoqter will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami-Dade County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse myDoqter for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- 18.7 No Class Actions. YOU AND MYDOQTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and myDoqter agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- 18.8 Modifications to this Arbitration Provision. If myDoqter makes any future change to this arbitration provision, other than a change to myDoqter’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to myDoqter’s address for Notice of Arbitration, in which case your account with myDoqter will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- 18.9 Enforceability. If Section 18.7 or the entirety of this Section 18 is found to be unenforceable, or if myDoqter receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20.2 will govern any action arising out of or related to these Terms.
19. Privacy and Information Security
- 19.3 Use of Aggregated Data. You acknowledge and agree that myDoqter may collect, create, process, transmit, store, use, and disclose aggregated and/or de-identified data derived from Data or use of the Services (“Aggregated Data”) for its business purposes, including for industry analysis, benchmarking, and analytics. All Aggregated Data will be in an aggregated and/or de-identified form only and will not identify you.
- 19.4 Compliance. You are solely responsible (a) for Data as entered into, supplied, accessed, or used by you and (b) for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Services. You represent and warrant that you have obtained and will maintain all rights, consents, and authorizations required to grant myDoqter the rights and licenses set forth in Section 19 and to enable myDoqter to exercise its rights under the same without violation or infringement of the rights of any third party.
- 20.2 Governing Law. These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and myDoqter submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
- 20.3 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- 20.5 Contact Information. The Service is offered by Doqter, Inc., located at 3150 SW 38th Avenue, Coral Gables, FL 33146. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
- 20.6 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- 20.7 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
- 20.8 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Doctor Specific Terms
These Doctor Specific Terms (“Doctor Terms”) are incorporated by reference into the myDoqter Terms of Service, available at myDoqter.com. Capitalized terms used but not defined in these Doctor Terms have the meanings given to them in the Terms of Service.
- 1. Doctor Eligibility. If you register as a Doctor, in addition to the representations and warranties in Section 3 of the Terms of Service, you represent and warrant to us that, at all times while using the Service as a Doctor: (a) you are licensed to practice medicine in the state(s) in which you currently practice or will practice in the future; (b) you have not previously been suspended or prohibited from practicing medicine; (c) your medical practice and your use of the Service are in compliance with the Health Insurance Portability and Accountability Act (“HIPAA”), state healthcare regulations, insurance contracts, and any and all other applicable laws, regulations, and ethical standards related to the professional practice of medicine; and (d) you will comply with the myDoqter Code of Conduct, following the principles of the various Physician Oaths that are at the core of the practice of medicine (including, but not exclusive of, the Declaration of Geneva of the World Medical Association, the Hippocratic Oath, the Maimonides Oath and the code of Ethics of the American Medical Association). You must immediately notify myDoqter if you are no longer able to satisfy the foregoing representations.
- 2. When you are registering for a Doctor account, you will be required to provide us with certain information to demonstrate your qualifications, such as a medical diploma, National Provider Identifier number (“NPI”), hospital card, or board certification documents. If as a Doctor you choose to activate certain paid features of the Service, you will be required to enter into the business associate agreement (“BAA”) with myDoqter that is hereby incorporated by reference into these terms.
- 3. Subscription Service. Certain features of the Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize myDoqter to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period (e.g., monthly billing periods will be billed on the same day each month). The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at: firstname.lastname@example.org.
- 4. Patient-Doctor Payments. If you are a Doctor who activates the patient-doctor payment feature in the Service, you acknowledge and agree that myDoqter will retain the flat fee and percentage of the total cost charged set forth that the time of activating the feature. Our third-party payment processor will process payment transactions to the banking account specified by you in your Account profile. You acknowledge and agree that myDoqter is not a party to any payment transaction for the purchase of medical services and myDoqter is not a buyer or seller in connection with any payment transaction. You may only use the Service to process a payment transaction for a healthcare-related product or service through a legitimate, bona fide sale of such product or service. The Service may not be used to process a payment transaction, or otherwise transfer money between users that are unrelated to a healthcare-related purchase. The Service may not be used to purchase any illegal goods or services or for any other underlying illegal transaction.
- 5. Monitoring Content. In addition to Section 9.6 of the Terms of Service, you acknowledge that myDoqter does not have an obligation to monitor posts to your profile page, including any feeds displayed on your profile page. You are responsible for reporting any objectionable content posted to your profile page, including posts that may violate the privacy of your patients. You can report such objectionable content to email@example.com.
NOTICE OF PRIVACY PRACTICES
myDoqter and its affiliated doctors
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED
AND HOW YOU CAN GET ACCESS TO THIS INFORMATION
PLEASE READ IT CAREFULLY
The Health Insurance Portability & Accountability Act of 1996 ("HIPAA") is a Federal program that requests that all medical records and other individually identifiable health information used or disclosed by us in any form, whether electronically, on paper, or orally are kept properly confidential. This Act gives you, the patient, the right to understand and control how your protected health information ("PHI") is used. HIPAA provides penalties for covered entities that misuse personal health information. This document has been updated to reflect HIPPA as of September 2013.
As required by HIPAA, we prepared this explanation of how we are to maintain the privacy of your health information and how we may disclose your personal information:
We may use and disclose your medical records only for each of the following purposes: treatment, payment, and health care operation.
- Treatment means providing, coordinating, or managing health care and related services by one or more healthcare providers. An example of this is a primary care doctor referring you to a specialist doctor.
- Payment means such activities as obtaining reimbursement for services, confirming coverage, billing or collections activities, and utilization review. An example of this would include sending your insurance company a bill for your visit and/or verifying coverage prior to a surgery.
- Health Care Operations include business aspects of running our practice, such as conducting quality assessments and improving activities, auditing functions, cost management analysis, and customer service. An example of this would be new patient survey cards.
- The practice may also be required or permitted to disclose your PHI for law enforcement and other legitimate reasons. In all situations, we shall do our best to assure its continued confidentiality to the extent possible.
We may also create and distribute de-identified health information by removing all reference to individually identifiable information.
The following use and disclosures of PHI will only be made pursuant to us receiving a written authorization from you:
- Most uses and disclosure of psychotherapy notes;
Uses and disclosure of your PHI for marketing purposes, including subsidized treatment and health care operations;
- Disclosures that constitute a sale of PHI under HIPAA;
- Other uses and disclosures not described in this notice.
You may revoke such authorization in writing and we are required to honor and abide by that written request, except to the extent that we have already taken actions relying on your prior authorization.
You may have the following rights with respect to your PHI:
- The right to request restrictions on certain uses and disclosures of PHI, including those related to disclosures of family members, other relatives, close personal friends, or any other person identified by you. We are, however, not required to honor a request restriction except in limited circumstances which we shall explain if you ask. If we do agree to the restriction, we must abide by it unless you agree in writing to remove it.
- The right to reasonable requests to receive confidential communications of Protected Health Information by alternative means or at alternative locations.
- The right to inspect and copy your PHI.
- The right to amend your PHI.
- The right to receive an accounting of disclosures of your PHI.
- The right to obtain a paper copy of this notice from us upon request.
- The right to be advised if your unprotected PHI is intentionally or unintentionally disclosed.
If you have paid for services "out of pocket", in full and in advance, and you request that we not disclose PHI related solely to those services to a health plan, we will accommodate your request, except where we are required by law to make a disclosure.
We are required by law to maintain the privacy of your PHI and to provide you the notice of our legal duties and our privacy practice with respect to PHI.
This notice is effective as of September 2013 and it is our intention to abide by the terms of the Notice of Privacy Practices and HIPAA Regulations currently in effect. We reserve the right to change the terms of our Notice of Privacy Practice and to make the new notice provision effective for all PHI that we maintain. We will post a copy and you may request a written copy of the revised Notice of Privacy Practice from our office.
You have recourse if you feel that your protections have been violated by our office. You have the right to file a formal, written complaint with the practice and with the Department of Health and Human Services, Office of Civil Rights. We will not retaliate against you for filing a complaint.
Feel free to contact the Compliance Officer for myDoqter at firstname.lastname@example.org for more information
Part 1: Privacy, Step 5
PATIENT FINANCIAL REPONSIBILITY
Please Note: Per the September 2013 updates to HIPAA, if you choose to pay out of pocket for any diagnosis or elective procedure, we will not disclose this information to your health insurance plan except if required by the law. Please be sure to let us know if you have any diagnoses or procedures you wish to pay for electively.
For Insurance Claims:
- I hereby assign my insurance benefits to be paid directly to the physician in this office. I hereby authorize the release of medical information related to the services received in this office.
- I understand that MY PHYSICIAN is legally obliged to bill me for all deductibles, copays, and/or co-insurance and that it is my responsibility to pay MY PHYSICIAN directly.
- If I do not have a valid referral for any visit as required by my insurance plan, I agree that I will be responsible for providing a valid referral within 48 hours of my visit.
- By signing below, I accept financial responsibility for all charges incurred at any visit if the appropriate referral is not received in the time specified or for non-covered services performed. For all non-elective charges, I agree to pay all fees owed for service here within thirty (30) days of the date of service.
- Should it become necessary to use an outside collection agency and/or initiate litigation to collect payment from me, I will be responsible for all additional chargers incurred, including, but not limited to, collection and legal fees associated with such actions.
MY PHYSICIAN has a policy to ensure the privacy of your medical information that is in concordance with the federal Health Insurance Portability and Accountability Act (HIPAA). You have the right as a patient of MY PHYSICIAN to receive a written or verbal explanation of the program to maintain confidentiality.
I request that payment of authorized benefits from Medicare and/or my health insurance carrier(s) be made either to me or on my behalf to MY PHYSICIAN for services furnished to me by my provider. I authorize any holder of medical information about me to release medical records, lab reports, radiology reports, and/or photographs to the Center for Medicare Services, my health insurance carrier(s), and/or its agents any other information needed to support eligibility for coverage for medical services.
I understand that if I do not cancel any of my appointments at least 24 hours before, I may be charged a cancellation fee.