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Welcome to DocChat! Here are a few things to review before you begin your consultation:
This Services Agreement (the “Agreement”) is between you (“you” or “your” or “user”) and SMN Medical, P.C., a New York Professional Corporation (“DocChat” or “website” or “site” or “we” or “us”) and contains the terms of service (“Terms”) that govern and apply to your access and use of www.DocChat.io and DocChat’s services available via DocChat’s site and DocChat’s mobile apps (collectively, the “Service”).
By accessing or using our Service, you agree to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these termas and conditions, you are not authorized to use and do not use our Service.
THIS SITE IS NOT FOR MEDICAL EMERGENCIES. If you have an emergency, PLEASE CALL 911. If you feel any of the below conditions call 911 immediately or go immediately to an emergency room:
Chest or upper abdominal pain or pressure
Uncontrolled bleeding
Difficulty breathing, shortness of breath
Fainting, sudden dizziness, weakness
Changes in vision
Deformities or dislocation of extremities
Confusion or changes in mental status
Sudden or severe pain
Severe or persistent vomiting or diarrhea
Coughing or vomiting blood
Suicidal feelings
Difficulty speaking
Unusual abdominal pain
You agree to seek immediate medical attention should your condition change or your symptoms worsen. If you require immediate medical attention, you should contact your local emergency services immediately. Although DocChat recruits Providers who are highly skilled and trained in their area of expertise, all Providers are independent contractors, and are therefore solely responsible for any treatment response. You are solely responsible for all information and/or communication sent during a video/telephone/email consultation or other communication. DocChat does not guarantee that a video/telephone/consultation is the appropriate course of treatment for your particular health care problem.
DocChat Services provides a tele-medical healthcare resource to connect individuals with participating physicians (the “Providers”) in real time, via live streaming video, telephone, instant message, text message, and/or secure e-mail for the diagnosis and treatment of patients. It is not intended to replace your normal checkups, physical and or relationship with a primary care physician or specialist.
*DocChat and its physicians reserve the right to deny care for actual or potential misuse of these Services.
DocChat grants you a non-exclusive, non-transferable, limited right to access, use and display its service (“Account”) subject to the Terms herein on any machine(s) or device(s) on which you are the primary user; in each case (a) in compliance with these Terms, and (b) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Service or Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service; (iii) rent, lease, resell, distribute, use the Service for timesharing, service bureau, or otherwise exploit the Service in any unauthorized manner; (iv) remove or alter any proprietary notices or labels on or in the Service or Content; (v) engage in any activity that interferes with or disrupts the Service; or (vi) engage in any fraudulent activity or activity that facilitates fraud. Any rights not expressly granted herein are reserved.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features. DocChat retains the exclusive right without obligation to introduce, discontinue or reintroduce any services or features at its discretion.
DocChat is not intended for use outside the states specified in the listing on our site at DocChat.io/providerstates. Accessing the Services from outside of these territories is prohibited.
The Providers do not prescribe Narcotic medications under any circumstances. Each state has its own rules and regulations in regards to writing prescriptions; prescriptions may not be available in your state. The Provider has sole discretion as to whether or not a prescription is appropriate, as well as to the quantity, and there is no guarantee a Provider will write a prescription. Although a DocChat Provider may write a prescription, DocChat is not a pharmacy and DocChat shall not provide any medication to you. You must obtain those from a pharmacy. DocChat does not guarantee that a prescription will be written.
You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You further agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
In order to access and use DocChat, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself including, but not limited to, your name, mailing address, phone number, email and establish a username and a password. You agree to provide accurate, current and complete information about your Account. You also agree to the following:
When creating an Account, don’t:
provide any false personal information to us (including a false username or email address) or create any account for anyone other than yourself without such other person’s permission;
use a username that is the name of another person with the intent to impersonate that person;
use a username that is subject to rights of another person without appropriate authorization; or
use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. DocChat may contact you by telephone, mail or email to verify your DocChat Account information. DocChat may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. DocChat reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by the Customer to DocChat as requested.
Please keep in mind that in order to best serve you, you must maintain current information on account with DocChat. It is your obligation to maintain current user information such as the following information:
• Primary e-mail address
• Primary phone number
• Home address
• Credit Card Information – number, expiration date, billing address, etc.
• Electronic Medical Records
Failure to maintain accurate records may result in delayed or refusal of service by DocChat.
Your DocChat Electronic Medical Record is created for you to enter, store and access your personal health information (PHI) online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Provider to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information provided as part of a video, telephone and/or secure e-mail consultation becomes part of your DocChat Record. You agree to provide accurate, current and complete information about yourself for your DocChat Record, and to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your DocChat Record, please see our Privacy Policy. It is your responsibility to confirm any third party information, or information regarding a minor child of whom you are a parent or legal guardian, in your DocChat Electronic Medical Record. DocChat is not responsible for maintaining data arising from use of the DocChat Services. DocChat reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the DocChat Service pursuant to its internal record retention and/or destruction policies. Please note that it is solely your obligation to use and disclose the information included in your DocChat Electronic Medical Record in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other participating providers. However, by requesting a consultation through DocChat’s Site, you agree to disclose the contents of your complete DocChat Electronic Medical Record to the provider who will conduct your consultation.
You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. You agree to (a) immediately notify DocChat of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
You agree that you will not use the Service for any illegal or unethical purpose, event, or goal, nor in a manner related thereto.
Privacy Policy: By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy, which is incorporated herein and made part of these Terms of Use by reference.
To permit you to access DocChat Services on behalf of a minor child of whom you are a parent or legal guardian, you may establish a sub account under your name. Any such sub account is subject to these Terms of Use and the Notice of Privacy Policy. We will not see a child without the parent or guardian present.
In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the site and the Services. DocChat may, in its sole discretion, refuse to provide care for actual or potential misuse of these Services, or for noncompliance with these Terms of Use.
Our Service allows you to provide us certain personal and medical information and otherwise make available certain information, images, videos, text, links and/or other content (“Content”). It is your responsibility to update DocChat as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. At any given time, you may be notified that information may be available for your review that is considered time-sensitive, such as medical information, diagnosis, lab results, etc., to the e-mail address that you provided as a contact point.
In any capacity in which you use DocChat, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service. You agree not to use the Service to: directly or indirectly disparage, damage or impugn the personal, professional or commercial reputation of any legal or natural person. You are responsible for your own actions and statements; upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way; violate CANSPAM; impersonate any person or entity, including, but not limited to, a DocChat representative or Provider, or falsely state or otherwise misrepresent your affiliation with a person or entity;forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity publicity, or privacy rights of any party, including such rights of third parties or use Site or Services in any way that will infringe or facilitate infringement on any patent, trademark, trade secret, copyright or other intellectual property, publicity, or privacy rights of any party, including such rights of third parties; upload, post, email, transmit or otherwise make available any content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Service and other goods and services being sold or provided in conjunction with such events; upload, post, email, transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by these Terms or expressly authorized by DocChat;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (a) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (b) laws and regulations (foreign or domestic) regarding the sale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site.
Collect credit card number, expiration date or CSC code or any other credit card information;
collect social security number, financial account number, drivers’ license number, information covered by the Health Insurance Portability and Accountability Act of 1996, or other sensitive information required to be encrypted under applicable laws or for which disclosure is required in case of a data breach without first obtaining DocChat’s prior written consent; or
stalk or otherwise harass any person or entity.You acknowledge that DocChat does not pre-screen your Content or Third Party Content in connection with the Service, but that DocChat and its designees shall have the right (but not the obligation) to monitor, alter, edit, or remove any of your Content, in whole or in part. You acknowledge and agree that DocChat may preserve your Content and account information and may also disclose your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of DocChat, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
DocChat may offer a free version of the Service for the user on a trial basis or with limited functionality; otherwise the Service requires a payment. If you sign-up for a paid Service, you agree to the following:
Regardless of whether or not you use the Service, You agree to pay all subscription and/or membership fees, connect time charges, surcharges, applicable taxes and other charges you incur regarding your use of the Service. DocChat will charge you in accordance with the plan you choose. You are responsible to pay all charges associated with the Service, including, without limitation, cellular service, data charges, telephone and computer equipment necessary to access the Service to avoid a disconnection from the Service or a termination of your account. You understand that Services may not be provided or scheduled consultations cancelled if your credit card information is inaccurate or invalid.
In the event of a breach of security, you will remain financially liable for any unauthorized use of your account with DocChat until you notify DocChat in writing by sending an email message to info@DocChat.io.
DocChat reserves the right to increase fees, surcharges, subscription plans and/or membership fees or to institute new fees at any time for any reason, provided, however that whenever possible, DocChat will give you reasonable notice of such change. DocChat may reduce these fees at any time without notice to you. If your account is terminated or canceled, no part of any fees paid is refundable and any credits to your account is not convertible to cash or other form of credit.
You authorize DocChat to charge using your selected payment method, for all applicable fees. DocChat may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
All references to a “chargeback” refer to a full or partial reversal of a credit/debit card charge placed by DocChat. There is no reason for a chargeback to ever be filed and you waive the right to chargeback or the like. If you feel that your credit/debit card was used fraudulently on DocChat, please contact us for immediate resolution. You agree that you will not chargeback any amount charged to your credit/debit card on this site. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to Company without notifying Company in advance.
We do not accept Insurance and we do not submit claims on behalf of our users. You will be responsible for any and all charges to your account.
DocChat has the right to limit, suspend, discontinue or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms of Use as DocChat considers appropriate or necessary in its sole discretion, including but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of Use, or (3) the protection of intellectual property. Use of the Service beyond the scope of authorized access granted to you by DocChat immediately terminates said permission or license or your Account. DocChat reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, with respect to any breach or threatened breach of these Terms. If DocChat terminates your account pursuant to this Section, DocChat reserves the right to deny access to the Service in whole or in part, including, without limitation, removing your data from the DocChat server, and to refuse to provide the Service to you following such termination.
Either you or DocChat may terminate this Agreement at any time upon notice. You shall not be entitled to a refund for payments already made. If either party terminates this Agreement prior to the end of a calendar month, DocChat shall not refund to you any fees paid in advance of such termination.
The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by DocChat (the “DocChat Content”) is the proprietary information of DocChat or the party that provided or licensed the DocChat Content to DocChat, whereby such providing party retains all right, title, and interest in the DocChat Content. DocChat Content is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation.
Accordingly, you agree the DocChat Content may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of DocChat. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the DocChat Content. Modification or use of the DocChat Content except as expressly provided in these Terms of Use violates DocChat’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by our granting you access to this site.
In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any DocChat Content made available via the Service for other purposes not stated herein, you must first obtain a license from DocChat.
Although DocChat does not claim ownership of content that its users or third parties post or submit and are subsequently posted, by submitting and/or posting Content to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to DocChat an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing. DocChat shall bear no liability in part or in whole for any infringement it may occasion in exercise of its foregoing rights.
The Service may contain Content belonging to or originating from third parties (“Third Party Content”). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by DocChat, and you agree that we are not responsible for any Third Party Content posted on or available through the Service. Inclusion of, linking to or permitting the use of any Third Party Content does not imply approval or endorsement thereof by DocChat.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any DocChat Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked.
DocChat reserves complete and sole discretion with respect to the operation of the DocChat Services. DocChat may, among other things withdraw, suspend or discontinue any functionality or feature of the DocChat Services.
YOU AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DocChat HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE.
DocChat MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THROUGH THE SERVICE, OR THE SERVICE ITSELF (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DocChat NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRCUTION OR UNAUTHORIZED ACCESS TO DocChat RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DocChat IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.
DocChat DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORAMTION, INSTRUCTIONS, OR GUIDELIENES ACCESSED THROUGH THE SERVICES.
DocChat IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR A PROVIDERS, ACTIONS OR INACTIONS OF ANY USER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN CONSULTATION CALL, EVEN IF DocChat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
DocChat WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED ABOVE; YOU ACKNOWLEDGE THAT DocChat HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR THIRD PARTY’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR THIRD PARTY TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION; ANY MATERIAL DOWNLOADED, PRODUCTS PURCHASED FROM DocChat, RELIANCE ON ANY INFORMATION IN THE SITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL OR ANY OTHER LOSS CONNECTED THERETO; NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DocChat OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE; DocChat MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE DocChat SERVICES. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT DocChat’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES. YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
The Customer acknowledges and agrees that temporary interruptions in service may occur, and that DocChat shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. DocChat may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed.
DocChat is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. DocChat is not responsible for maintaining information arising from use of the Site or in respect of the Services. DocChat reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.
DocChat does not endorse the promotions, products, or services of any third parties. DocChat does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. DocChat does not assume any responsibility or liability for the accuracy of information contained in this Site or any third party web sites.
You hereby agree to indemnify, defend and hold harmless DocChat and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability, losses, cause of action, suits, expenses, without limitation, attorneys’ fees and costs, incurred in connection with any claim arising out of or related to the these Terms of Service, representations, warranties and covenants, your use or misuse of the Site or the Services, your relationship with any Provider, the content or subject matter of or any information you provide to DocChat, any of its Affiliates, any Provider or customer service agent, and/or any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any information posted on the Site, including, but not limited to, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. You shall cooperate as fully as reasonably required in the defense of any claim. DocChat reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of DocChat.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO DocChat AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD.
Third Party Protection. The Indemnification and Disclaimers provisions set forth above are for the benefit of DocChat, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Site Content for General Education: The information contained on these Services is intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding and medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.
By subscribing to DocChat’s services you are agreeing to opt-in to the receipt of an email newsletters and other information related to health issues and DocChat’s business. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by DocChat. Such information is not a substitute for contacting a DocChat Provider or seeking emergency medical care when necessary. DocChat makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. If you do not wish to receive such communications, you may opt-out at any time by contacting Customer Services.
DocChat has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the DocChat website that is reflected by the “Last Updated” date of this Agreement or upon notice by electronic mail, or U.S. mail. Your continued use of the DocChat Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of DocChat in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of Fees, is to terminate Membership or Subscription by delivering notice to DocChat. Such notice will be effective upon receipt by DocChat.
If there is an occurrence out of the control/contingency of DocChat which would include, network failure, inability to access or use the services of the World Wide Web, Acts of God, and acts of war, terrorism, governmental authority, public enemy, severe weather conditions, or any other cause beyond its control such that DocChat is not able to meet the obligations of this Agreement, DocChat shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations. It is understood that it is the responsibility of you to have a contingency plan in case of such an occurrence.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DocChat as a result of this agreement or use of DocChat Service.
You may not assign, transfer or delegate these Terms of Use or the Privacy Policy or any part of them without DocChat’s prior written consent. DocChat may freely transfer, assign or delegate all or any part of these Terms of Use and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms of Use and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
Unless expressly stated in these Terms of Use or in the Privacy Policy to the contrary, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms of Use or the Privacy Policy on any other persons other than you, DocChat and its Affiliates. Nothing in these Terms of Use and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to any of you, DocChat or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, DocChat or its Affiliates.
These Terms of Use, together with any DocChat rules or policies referred to herein, represents the entire agreement between you and DocChat concerning the subject matter hereof, and supersede all prior understandings, whether written or oral, concerning such subject matter. DocChat may modify this Terms of Use as set forth above.
Governing Law and Venue: The formation, construction, performance and enforcement of this Agreement shall be governed solely in accordance with the laws of the state of New York without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties’ specifically consent to the personal and exclusive jurisdiction of the local, state and federal courts of New York. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process in accordance with the Laws of the State of New York.
Severability: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
Last updated: October, 2014
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