Terms of Use

THIS AGREEMENT CONSTITUTES A CONTRACT BETWEEN YOU AND US THAT GOVERNS YOUR ACCESS AND USE OF THE SERVICES. THAT MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ACCESSING AND/OR USING OUR SERVICES. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICES.

PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER IN THIS AGREEMENT BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND DOCTORIZE BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND DOCTORIZE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST DOCTORIZE. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

If your use of the Services is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you with regard to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under this Agreement will survive such termination.:

We are constantly trying to improve our Services, so these Terms of Use may need to change along with our Services. We reserve the right to change the Terms of Use at any time, and if we do, we will place a notice on our site, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms of Use, then you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms of Use is effective, that means you agree to all the changes.

We may from time to time modify the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will Doctorize be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of any new features or services will be governed by this Agreement.

Any disputes under this Agreement will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute. Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless made in writing and signed by both you and us.

If you use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual or entity).

1. ABOUT THE SERVICES GENERALLY

Subject to these Terms of Use, Doctorize grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Use. Portions of the Services can be viewed without a Doctorize account.

While utilizing the Services, you may encounter certain Content that Doctorize makes available to you. You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but instead is provided to assist you in choosing a doctor, dentist or other healthcare specialist, professional, provider, organization, or agent or affiliate thereof (collectively, “Healthcare Providers” or “Providers”) or otherwise to be generally informative. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available or otherwise found through the Services, including, without limitation, Content provided in direct response to your questions or postings.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED IN CONTENT AND/OR ACCESSIBLE THROUGH THE SERVICES.

2. THIS SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP

DOCTORS, DENTISTS, NURSES, MIDLEVELS, MEDICAL SPECIALISTS, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES, THIS SITE, OR ANY OF THE CONTENTS. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM DOCTORIZE. IN NO EVENT SHALL YOUR USE OF THE SERVICES EVER CREATE A DOCTOR-PATIENT RELATIONSHIP. TO THE EXTENT A DOCTOR PATIENT RELATIONSHIP IS SUBSEQUENTLY FORMED AS A RESULT OF CONNECTIONS MADE THROUGH THE SERVICES, SUCH RELATIONSHIP WILL ONLY ARISE AFTER USING THE SERVICES AND WILL BE FORMED INDEPENDENTLY, AND WITHOUT REFERENCE, TO ANY OF THE SERVICES.

Doctorize encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time nor of any representations made by Healthcare Providers. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.

3. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE OR GUIDANCE.

Doctorize is not a healthcare provider. The Content that you obtain or receive from Doctorize, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via Doctorize Doctorize social channels, Doctorize emails and text messages, and Doctorize advertising is for informational and communicative purposes only.

THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

4. THIS SITE DOES NOT EVALUATE OR OTHERWISE CONSIDER INSURANCE STATUS

THE SERVICES PROVIDED BY DOCTORIZE ARE PROVIDED TO ANY CONSUMER, REGARDLESS OF INSURANCE STATUS. TO THE EXTENT INSUANCE STATUS IS REQUESTED, SUCH A REQUEST WILL NOT IMPACT THE PROVISION OF THE SERVICES AND WILL BE FOR INFORMATIONAL PURPOSES ONLY.

The Services are not impacted based on the insurance status of any given consumer. Doctorize does not target nor consider any particular payors in providing the Services. Rather, any insurance information that Doctorize collects is used solely to facilitate the Appointments (as defined herein) with Healthcare Providers. Doctorize shall not use any insurance information to discriminate in the provision of the Services.

DOCTORIZE IS NOT IN THE BUSINESS OF PROVIDING INSURANCE. NEITHER THE SERVICES, NOR ANY OTHER OFFERINGS FROM DOCTORIZE SHALL BE CONSTRUED AS AN INSURANCE PRODUCT. THE SERVICES ARE NOT AN ALTERNATIVE NOR A REPLACEMENT TO OBTAINING HEALTHCARE INSURANCE.

Doctorize is not in the business of insurance and does not provide any insurance offerings. None of the Services shall constitute nor be a substitute for insurance products. Some Healthcare Providers that Doctorize might introduce you to might require you to have insurance.

5. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS

In connection with using the Services to contact, or schedule with, Healthcare Providers, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, AND FOR DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

Doctorize is not responsible for evaluating the medical competency of the Providers (including, but not limited to, conduct in violation of our standards or conduct resulting in loss of licensure). As a result, you are responsible for doing your own research regarding a given Healthcare Provider and their credentials.

To help you find Healthcare Providers who may be suitable for your needs we will provide you with lists of Healthcare Providers. Any search results are based on information that you provide to us, such as the type of services you seek, geographical location, and healthcare specialty and/or services they provide. They may also be partially based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Doctorize users, and past experiences of Doctorize users with Healthcare Providers). Please note that there may be other Healthcare Providers who meet your search criteria but are not available through Doctorize.

While all qualified providers are eligible to use our Services, Doctorize’s lists of Healthcare Providers are not exhaustive. Healthcare Providers choose whether to participate in the Services, what appointment availability, if any, to advertise on their Doctorize profiles, and may also choose to set a maximum amount that they want to spend on new patient bookings received through Doctorize. This means that regardless of whether they participate in the Services, Healthcare Providers may have additional availability beyond what’s listed through the Services if you contact them directly. Healthcare Providers listed through the Services may enter into contracts with us, and may pay us fees in order to be marketed through or to use the Services. If you book an appointment with a Healthcare Provider through the Services, Doctorize may receive compensation for generating the lead, regardless of whether you actually become a patient.

Doctorize (a) does not employ, refer, recommend, or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the services they may provide, (c) is not responsible for ensuring that information (including credentials) a Healthcare Provider provides about himself or herself is accurate or up-to-date, and (d) is not responsible for making sure that Healthcare Providers’ services are actually provided or are up to a certain standard of quality. We don’t control the actions of any Healthcare Providers and Healthcare Providers are not our employees. In addition, to the extent that Doctorize serves as a platform for, or provides technical support to, the provider directory associated with your health coverage, Healthcare Providers will appear in the directory based on criteria determined by your health plan or plan sponsor, as applicable.

We may show you advertisements or sponsored search results (“Sponsored Results”) through the Services, including above, next to, or interspersed within the other search results. Doctorize receives additional fees from Healthcare Providers for including them in Sponsored Results, and such Sponsored Results are not, and should not be considered, an endorsement, referral or recommendation by Doctorize of the Healthcare Provider. Sponsored Results are conspicuously labeled as ads within the Services using language indicating this status.

6. THE SERVICES DO NOT PROVIDE REFERRALS TO ANY HEALTHCARE ENTITIES.

Doctorize is not a referral service and does not refer, recommend or endorse any particular Healthcare Provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

WHILE THE SERVICES MAY DIRECT CONSUMERS TOWARDS CERTAIN HEALTHCARE PROVIDERS, AND HEALTHCARE PROVIDERS MAY PAY DOCTORIZE FOR USE OF THE SERVICES, SUCH PAYMENT WILL NEVER BE CONDITIONED ON ANY CONSUMER BECOMING A PATIENT. AS SUCH, THE SERVICES ARE ONLY DESIGNED TO GENERATE LEADS, NOT REFERRALS, FOR HEALTHCARE PROFESSIONALS. AND NO CONSUMER IS EVER OBLIGATED TO BECOME A PATIENT OF A GIVEN HEALTHCARE PROVIDER BECAUSE THEY USED THE SERVICES.

7. PRIVACY POLICY

In addition to these Terms of Use, we also created a Privacy Policy which is available on the Site. This Privacy Policy, as it may be amended from time to time, identifies the various privacy obligations of the parties and outlines how data will be collected and used by Doctorize.

BY USING THIS WEBSITE YOU ARE AKCNOWLEDGING AND AGREEING TO BE BOUND BY THE TERMS OF THE PRIVACY POLICY CONTAINED ON DOCTORIZE’S WEBSITE.

8. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES.

The Services are an informational and educational resource for consumers and Healthcare Providers. We may, but have no obligation to, publish Content through the Services that is reviewed by our editorial personnel. No party (including Doctorize) involved in the preparation or publication of such works guarantees that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.

Healthcare Provider Content:

Content related to Healthcare Providers and their practices (“Healthcare Provider Content”) is intended for general reference purposes only. Healthcare Provider Content may be provided by the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. While we make efforts to confirm Healthcare Provider Content and keep it up to date, it can change frequently and may become out of date, incomplete or inaccurate at any time. Doctorize does not provide any advice or certification regarding the qualifications of any particular Healthcare Provider.

Procedures/Products/Services:

Procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

9. HEALTHCARE PROVIDER APPOINTMENTS AND CONTACT

Company, through the Services or other means, will at times connect you with various Healthcare Providers. As a part of the Services, you may arrange for initial contact, a consultation, or another form of appointment with a Healthcare Provider through the Services (each being an “Appointment”). However, Company makes no representations, warranties, guarantees, or promises, either directly or indirectly, concerning the Appointments. While Company can send your information to Healthcare Provider concerning the Appointment, all scheduling, follow-up, and treatment, is the responsibility of Healthcare Provider and Company shall bear no liability relating to the Appointments.

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DOCTORIZE BEARS NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS NOR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APPOINTMENTS. DOCTORIZE’S SOLE ROLE IS TO CONNECT YOU TO PROVIDERS TO SET UP THE APPOINTMENTS BUT ANY LATE, CANCELLED, OR TIMELY APPOINTMENTS REMAIN THE SOLE RESPONSIBILITY OF THE HEALTHCARE PROVIDER.

10. MEDICAL INFORMATION

You may elect to enter certain medical information into the Services, including by requesting an appointment or filling out a general medical history form that is not required or provided by a Healthcare Provider (“Medical History Form”) on behalf of yourself or a third party from whom you have authorization to provide such information. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge and understand that since Doctorize is neither a healthcare provider nor an insurance company, it may have differing privacy obligations than such kinds of entities.

11. ADULT USAGE

WE ARE COMMITTED TO PROTECTING THE PRIVACY AND RIGHTS OF CHILDREN. YOU SHOULD BE AWARE THAT THIS SITE IS NOT INTENDED OR DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13 NOR TO BE USED BY SUCH INDIVIDUALS. WE DO NOT COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM ANY PERSON WE ACTUALLY KNOW IS A CHILD UNDER THE AGE OF 13.

12. YOUR RESPONSIBILITIES

• 12.1 If you make any submission or post any user Content to the Site, then you agree that you will not send or transmit to Doctorize by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Doctorize by email, you agree such submission is non-confidential for all purposes. You understand that anything you post to the site can be viewed by Doctorize and Doctorize’s representatives, and if posted to a public place, then by the general public. If you make any submission or post user Content or if you submit any business information, idea, concept or invention to Doctorize by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Doctorize a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or user Content in any media or medium, or any form, format, or forum now known or hereafter developed.
• 12.2 Your Responsibilities Generally. While it’s free to create a Doctorize account and download our apps and use our various websites and online materials, you are still responsible for your healthcare expenses. Any charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Doctorize is accurate and up-to-date, including your insurance information. Some Services may not be available through Doctorize or your Healthcare Provider depending upon a number of factors based on Healthcare Provider’s individual preferences. Ultimately, you must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.

You may only use the Services for lawful, non-commercial purposes. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to or to exceed your authorized access to any of the Services, user accounts, or computer systems or networks, through any means. You may not accumulate or index, directly or indirectly, any Content or portion of the Services (including, without limitation, Healthcare Provider Content, appointment availability, or price information) for any purpose whatsoever.

You are also responsible for reviewing and complying with the terms set forth in our Acceptable Use Policy.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use, our Acceptable Use Policy, and any of our other policies.

• 12.3 Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries. If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of how you utilize the Services, you acknowledge and agree that:
  • a. You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient;
  • b. You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation; and
  • c. You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices (including but not limited to booking fraudulent healthcare appointments or manipulating any review or rating data), or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
• 12.4 Disputes Between Users. If there is a dispute between participants on this site or Services, or between users and any third party (including but not limited to Healthcare Providers), you agree that Doctorize is under no obligation to become involved. In the event that you have a dispute with one or more other users or Healthcare Providers, you release Doctorize, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

13. THIRD PARTY LINKS AND SERVICES

• 13.1 Links to Other Websites. Doctorize may provide links to third-party web sites. Doctorize also may select certain sites as priority responses to search terms you enter and Doctorize may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Doctorize does not recommend and does not endorse the content on any third-party websites. Doctorize is not responsible and makes no representations nor warranties of any kind, either express or implied, for the content of linked third-party sites, sites framed within the Doctorize Site, third-party sites provided as search results, or third-party advertisements regarding their content, legality, or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Doctorize does not endorse any product, service, or treatment advertised on the Doctorize Site.
• 13.2 Third Party Software. We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.

14. YOUR USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Doctorize’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Doctorize nor its suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by Doctorize to you are retained by Doctorize.

15. DISCLAIMER

You acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Services, (b) what Content you access, (c) what effect the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for your use or inability to use any Content. We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Doctorize and all such parties together, the “Doctorize Parties”) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services, and the Doctorize Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship with, or fiduciary duty to, you.

WE (AND OUR LICENSORS AND SUPPLIERS) PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. DOCTORIZE DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS

16. TERMINATION

We may also terminate, suspend or deactivate your Doctorize Account for any other reason, including inactivity for an extended period. Doctorize shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Services. We reserve the right, in our sole discretion, to terminate, suspend and/or deactivate your Doctorize Account immediately, without notice, if there has been a violation of this Agreement, our Acceptable Use Policy, or other policies and terms posted through the Services by you or by someone using your Credentials without authorization. Further, you agree not to attempt to use the Services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another Doctorize Account). Account termination may result in destruction of any content associated with your Doctorize account. Sections 1-6, 10-17, and any other provisions that, by their nature, should survive termination of these Terms of Use shall survive any termination or expiration of these Terms of Use.

Doctorize reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use or applicable law related to the Services.

17. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR DOCTORIZE ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU ACTUALLY PAID TO DOCTORIZE AND WHICH DOCTORIZE RETAINED IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE DOCTORIZE PARTIES BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU SHALL AND HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH SAYS IN SUBSTANCE THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

18. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless the Doctorize Parties from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, that arise from or are related to (a) your use of the Services; or (b) the violation of this Agreement (including without limitation these Terms of Use, the Acceptable Use Policy, or other policies).

19. ARBITRATION AGREEMENT

We hope that we can work out any disagreements you might have with Doctorize. But if there is a dispute that needs to be further resolved, that process will take place according to this section. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Doctorize and limits the manner in which you can seek relief from Doctorize. Both you and Doctorize acknowledge and agree that for the purpose of any dispute arising out of relating to the subject matter of these Terms of Use, Doctorize’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary hereof.

• 19.1 Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in a location of Doctorize’s choosing. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
• 19.2 Cost of Arbitration. The Rules will govern payment of all arbitration fees. Each party will be responsible for their own arbitration costs. The parties will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
• 19.3 Waiver of Jury Trial. YOU AND DOCTORIZE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Doctorize are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Doctorize over whether to vacate or enforce an arbitration award, YOU AND DOCTORIZE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
• 19.4 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
• 19.5 Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Doctorize, 2608 Holbrook Springs Ln, League City, TX 77573, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
• 19.6 Exclusive Venue. If you send the opt-out notice in Section, and/or in any circumstances where the foregoing arbitration agreement permits either you or Doctorize to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Doctorize agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, wherever Doctorize determines in its sole discretion.
• 19.7 Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Doctorize.

20. MISCELLANEOUS

• 20.1 Phone/ Text Communications
• a. Transactional Communications. By voluntarily providing your mobile phone number to Doctorize and agreeing to receive text messages, you expressly agree that Doctorize may contact you by telephone, SMS, or MMS messages (or successor protocols or technologies) for transactional, operational, or informational purposes, including appointment confirmations, appointment reminders, and post-appointment feedback requests, at the phone number provided. Message and data rates may apply. Message frequency varies.
• b. Marketing Communications. By opting in to receive recurring automated marketing calls or text messages (such as SMS, MMS, or successor protocols or technologies) from Doctorize, you expressly agree to receive messages concerning the marketing and sale of our products, services, offers, promotions, and events, as well as your relationship with us, including your orders and the products and services that you have inquired about. You understand that consent is not required to make any purchase from us. Message and data rates may apply. Message frequency varies. Reply STOP to cancel or HELP for help.
• c. Representations; Indemnity: You represent and warrant that mobile number provided to us is true and accurate, and that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Doctorize. You agree to indemnify and hold Doctorize harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, as well as claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to update your account information for any changes in your mobile telephone number.
• d. Participation Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile devices may be supported and our messages may not be deliverable in all areas. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.
• 20.2 Limitation of Claims. No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
• 20.3 Severability. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.
• 20.4 Governing Law; Language. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas as applied to contracts made and to be performed entirely within Texas, without giving effect to the state’s conflicts of law statute. This Agreement and all documents referenced herein were drafted in the English language and any translations thereof shall not be binding on either party to the extent they conflict with the English versions.
• 20.5 Entire Agreement; Waiver. This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Acceptable Use Policy and Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
• 20.6 Headings. The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
• 20.7 Assignment. We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

If you do not qualify under these Terms of Use, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Services are administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services.