These terms and conditions of use ("Terms of Use") govern the use of our online telemedicine, telepsychology, telepsychiatry, televeterinary, telepharmaceutical, and online product marketplace interfaces and properties (e.g., websites and mobile applications) that are operated by Doc.com Inc., including the website https:/www.doc.com, and the associated Doc.com applications (collectively, the "Site"), as well as the services ("Services") available to users through the Site. The professional medical, psychological, psychiatric, veterinary, pharmaceutical, and online product marketplace services of the Site are collectively referred to in these Terms of Use as the "Services." The terms "you" and "your" mean you, your dependents, legal guardian, if any, and any other person who accesses your Doc.com account.
Your acceptance and compliance with these Terms of Use is a condition for your use of the Site and the Services. By clicking "accept" or “agree”, you acknowledge that you have read, understand, and agree to all the terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services. Exit this Site immediately.
These Terms of Use provide that all disputes between you and Doc.com that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING), to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT by a judge or jury, and your claims may not be brought as a class action. For details on your arbitration agreement or any disputes with Doc.com, please see the section titled Dispute Resolution
1.- Privacy Practices:
You agree that the information provided by you in connection with the Services and the Site will be governed by Doc.com's Privacy Policy, which is incorporated and made a part of this Agreement.
2.- Services Provided:
Doc.com does not provide medical, psychological, psychiatric, veterinary, or pharmaceutical care and advice. We offer an online communication platform for medical, psychological, psychiatric, veterinary, pharmaceutical, or other product and service providers (the ”Providers”); and their patients and customers to connect through the Site using synchronous and asynchronous telecommunications technologies. The Site facilitates communication between you and the Providers. Doc.com is not responsible for providing medical, psychological, psychiatric, veterinary, or pharmaceutical care and advice, or ensuring the quality of care and advice provided to you.
Providers simply use the Site as a means to communicate with you. Any medical, psychological, psychiatric, veterinary, or pharmaceutical information and advice, medical or non-medical product received from a Provider comes solely from them and not from Doc.com. Your interactions with Providers through the Site are not intended to replace your relationship with your regular and usual health, mental health, and veterinary care professionals, primary care physician, or psychological services provider. Neither Doc.com, nor any of its subsidiaries or affiliates or any third party that may promote the Site or the Service or provide a link to the Service, will be responsible for any professional advice or product obtained from a Provider through the Site or Service, nor for the information obtained on the Site. Doc.com does not endorse or recommend any specific Provider, physician, nurse, psychologist, psychiatrist, pharmacy, medication, product, test, treatment, or procedure. You acknowledge that your reliance on any Provider or info provided by
Providers through the Site or Service is solely at your own risk and assume full responsibility for all risks associated.
Doc.com makes no representations or warranties regarding the training or skill of any Provider who provides services through the Site or Service. Providers will be provided based solely on the information you submit to the Site. Ultimately, you are responsible for choosing your particular Provider.
The content of the Site and Services, including but not limited to, text, copy, audio, video, photographs, illustrations, graphics, and other visual elements is for informational purposes only and does not constitute professional medical, psychological, psychiatric, veterinary, or pharmaceutical advice, diagnosis, treatment, or recommendations of any kind by Doc.com. You should always seek the advice of your qualified health, mental health, or veterinary professionals if you have any questions or concerns regarding your individual needs and any medical, psychological, or veterinary condition. All information that is provided by Doc.com or in connection with any Doc.com endorsed communication is intended for general informational purposes only and in no way intended to create a physician-patient or provider-patient relationship as defined by state or federal law. While Doc.com facilitates your selection and communication with Providers, Doc.com does not provide medical, psychological, psychiatric, veterinary, or pharmaceutical services, and the physician-patient and provider-patient or customer relationship is between you and the Provider.
While we have security measures in place, the system can occasionally generate incorrect or misleading information and produce offensive or biased content. It is not intended to provide advice. There are security and privacy risks that should be considered. Always consult with a human doctor, nurse, psychologist, psychiatrist, veterinarian, or pharmacist to make the final decision on medical, psychological, or veterinary care decisions.
THIS SERVICE IS NOT FOR USE IN EMERGENCIES. IF YOU ARE EXPERIENCING AN EMERGENCY, DIAL “911” IMMEDIATELY.
The Doc.com site and services are not for medical, psychological, psychiatric, or veterinary emergencies or urgent situations. You should not ignore or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 911 immediately. If you have suicidal or self-injurious thoughts or tendencies, you should immediately call the Suicide and Crisis Lifeline at 988.
You should seek emergency help or follow-up care when recommended by a Provider or when necessary. You should continue to consult with your primary care provider and other health, mental health, or veterinary professionals as recommended. Always seek the advice of a qualified doctor, nurse, pychologist, psychiatrist, veterinarian, and other health or mental health provider with questions you may have about a medical, psychological, or veterinary condition and before stopping, starting, or modifying any treatment or modification.
Using the Services, you acknowledge the potential risks associated with telemedicine, telepsychology, telepsychiatry, televeterinary, and telepharmaceutical services. These include, among others, the following: transmitted information may not be sufficient (e.g., poor image resolution) to allow the Provider to make appropriate healthcare, psychological care, or veterinary care decisions; delays in assessment or treatment may occur due to equipment failures; lack of access to your medical, psychological, psychiatric, and veterinary records may result in adverse drug interactions, allergic reactions, or other judgment errors; although the electronic systems we use incorporate network security and software protocols to protect the privacy and security of medical information, those protocols may fail and result in a breach of your medical information privacy.
Doc.com does not endorse any specific medication, pharmacy, or pharmacological product. Providers do not provide or prescribe medications or pharmacological products, including controlled substances by the DEA or scheduled medications, or certain other medications that may be harmful due to their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
Doc.com is not an insurer. The Services are not insurance products, and the amounts you pay to Doc.com are not insurance premiums. If you want any type of medical or other insurance, you must purchase such insurance separately.
Services you receive from Providers are not intended to replace the relationship with your medical, psychological, psychiatric, or veterinary professional. You should seek emergency help or follow-up care when recommended by a Provider or when necessary and continue to consult with your primary care physician, health, mental health, and veterinary professionals as recommended. Providers may make certain recommendations and may be unable to provide follow-up or monitoring care. It is imperative that you are aware that neither the Provider nor Doc.com may have the ability to track recommendations that have been made by the Provider. By accepting the Terms of Use, you acknowledge that you understand that you are solely responsible for implementing any recommendations that the Provider may suggest and may not receive any follow-up or reminders from the Provider or Doc.com; and furthermore, any follow-up Services you initiate may not be with the same Provider you previously consulted with.
Doc.com operates subject to state and federal regulations, and it is possible that the Services may not be available in your location. You declare that you are not a person prohibited from enrolling and/or receiving Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access and use of the Site and/or Services is limited exclusively to users located in the states within the United States where the Services are available. The services are not available to users located outside the United States. It is prohibited to access the Site or Services from jurisdictions where the content is illegal or where we do not offer Services.
To access the Site and Services, you represent and warrant that you are over 18 years of age. If you are under 18 and wish to create an account with Doc.com or receive Services through our Site, your parent or legal guardian must create the Account, submit your personal information, and accept the Terms of Use and Privacy Policy on your behalf. You agree to create your Doc.com Account ("Account") completely, accurately, and truthfully, which includes, among other things, your name, mailing address, phone number, email address, and password, which will become your Doc.com identification and credentials. The Doc.com identification and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Doc.com identification and/or credentials and all activities that occur under such Doc.com identification and/or credentials. You agree to prohibit any other person from using your Doc.com identification and/or credentials and to immediately notify Doc.com of any actual or suspected unauthorized use of your Doc.com identification and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Doc.com at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Security or network system violations may result in civil or criminal liability. Doc.com will investigate incidents that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of this Site or with any activity being conducted on this Site.
When you use the Site or Services, or send us emails, messages, and other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive our electronic communications.
You agree that (a) all agreements and consents may be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. To verify your account information, Doc.com may contact you by phone, postal mail, or email. Doc.com may ask you for further information to ensure that you have not created your Account fraudulently, and you agree to provide such additional information. If you do not provide this information as requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access and use of the Site and Services until you provide the information as requested.
By providing your telephone number, you agree to be contacted by or on behalf of Doc.com at the number you provided, including calls, to receive information related to the Services (e.g. progress tracking, appointment reminders, etc.), and marketing communications related to the Site and Services. You may opt out of receiving further calls from us by sending an email to support@doc.com. Please note that by withdrawing your consent, some features of the Site and certain Services may no longer be available to you.
All pages on this Site and any material available for download are the property of Doc.com or its licensors and suppliers, as applicable. The Site is protected by the copyright and trademark laws of the United States and international laws. Subject to these Terms of Use, Doc.com grants you a revocable, non-transferable (except as indicated below), personal, and non-exclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Doc.com or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services nor any part of the Site and Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Doc.com. You may not reformat the content or use techniques to frame any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Doc.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Doc.com's name or trademarks without the express written consent of Doc.com. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation, files, documents, text, photographs, images, audio and video, and any material accessed or made available for use or download through this Site, may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for authorized or approved purposes in writing by Doc.com. You may not reformat the content or use techniques to retain or create links with any name, trademarks, service marks, logo, content, or other proprietary information (including images, text, page layout, or form) of Doc.com without our express consent.
The Site and Services are only for users who are 18 years of age or older. If you are under 18 years of age, do not attempt to register with us on this site or provide us with any personal information about yourself.
If you are under 18 years of age and wish to create an account with Doc.com or receive Services through our Site, your parent or legal guardian must create the Account, submit your personal information, accept the Terms of Use and Privacy Policy on your behalf. If we become aware that we have collected personal information from someone under 18 years of age, we will immediately delete that information. If you believe that we have collected personal information from someone under 18 years of age, please email us at support@doc.com.
While Doc.com strives to ensure the integrity and accuracy of the Site and Service descriptions, it makes no representation, warranty, or guarantees as to the accuracy or precision of the Site, Service descriptions, and other Site content. The Site may include typographical errors, inaccuracies, or other errors, and third parties may make unauthorized additions, deletions, and alterations to the Site. In case of any inaccuracies, please inform Doc.com so that they can be corrected. The information contained on the Site may be modified or updated without prior notice. Additionally, Doc.com shall have no responsibility for information or content posted on the Site by third parties not affiliated with Doc.com.
Doc.com reserves the right, at its sole and absolute discretion, to operate the Site and Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or Services, among other things. We are not responsible for transmission errors, corruption, or compromised information during transmission by local or exchange telecommunications operators. We are not responsible for maintaining information that arises from the use of the Site or with respect to the Services. We reserve the right to retain, delete, or destroy all communications or information posted or uploaded to the Site or Services in accordance with our internal retention and/or destruction policies.
Doc.com makes no statements about any other website you may access through this Site. When you access a non-Doc.com website, please understand that it is independent of
Doc.com and that Doc.com has no control over the content of this website. In addition, a link to a non-Doc.com website does not mean that Doc.com endorses or accepts any
responsibility for the content or use of the linked site. It is up to you to take precautions to ensure that what you select for use or download is free of elements such as viruses, worms, Trojan horses, and other destructive elements. If you decide to access any of the third-party sites linked to this site, you do so at your own risk.
If you submit, upload, post, or transmit any medical, psychological, psychiatric, veterinary, or pharmaceutcial information, history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site ("User Information"), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, illegal, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that may encourage criminal or unethical behavior; (2) violates or infringes the privacy, reserved rights, trademark, commercial image, trade secrets, or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component.
You agree not to contact other site users via unsolicited emails, phone calls, letters or any other method of communication. You represent and warrant to Doc.com that you have the legal right and authorization to provide all User Information to Doc.com for use as set forth herein and as required by Doc.com and the Provider. Doc.com may remove the identification from your information so that it is no longer considered protected medical information or personal identification information. Doc.com may disclose, aggregate, sell, or otherwise use such anonymous information to third parties for analysis, research, or other purposes.
You agree not to (i) access the Site or use the Services for any illegal or unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, material, content or information (including, among other things, advice and recommendations) (collectively "Information") that is (1) defamatory, obscene, fraudulent, false, or contrary to the property or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware or other computer programming or code designed or intended to damage, destroy, intercept, download, interfere with, manipulate, interrupt, or expropriate the Site or Services, personal information, software, equipment, servers, information, or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely declare or misrepresent your affiliation with any person or entity; (iv) manipulate, hack, forge, copy, modify, or corrupt the administration, security or proper operation of the Site or Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or alter, defraud, or create false results from any executable code, information on or received through this Site; (vii) have any antivirus or antispyware software running that is configured to override the Internet browser's cookie settings; (viii) misidentify the sender of any message transmitted to Doc.com. You may not alter the attribution or origin of email, messages, or posting; (ix) collect or gather personal information about any other person who uses the Site or Services; (x) infringe or facilitate the infringement of any registered right, patent, trademark, trade secret, or other property, advertising or privacy rights of any party, including third-party rights.
You agree to defend, indemnify, and hold Doc.com and its Providers harmless from and against all claims, damages, and expenses of third parties (including reasonable attorneys' fees) against us, or which we incur from any Information about the User that you upload or transmit through the Site.
We disclaim any liability or obligation for copyrighted materials published on our site. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined below.
Doc.com respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will promptly respond to notices of alleged infringement that are reported to Doc.com's Designated Copyright Agent, as identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements that take place on or through our Site by sending us a notice ("Copyright Notice") in compliance with the following requirements:
Attn: Copyright Agent Doc.com Inc.
169 Madison Ave. suite 15043, New York, NY 10016
Except for your medical, psychological, psychiatric, veterinary, pharmaceutical, or electronic treatment records, Doc.com retains all rights, titles, and interests in and to the Site, the Services, and any information, products, documentation, software, or other materials on the Site, and any patents, registered rights, trade secrets, trademarks, service marks, or other intellectual property or property rights in any of the foregoing, except for information on the Site licensed by Doc.com (in which case the licensor retains all rights, titles, and interests in the same). The information available through the Site and the Services is the property of Doc.com. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone.
The use, reproduction, copying, or redistribution of the trademarks, service marks, and logos of Doc.com is strictly prohibited without the prior written permission of Doc.com. The immediately preceding sentence also applies to third-party trademarks, service marks, and logos published on the Site. Nothing contained on the Site shall be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademark, service mark, or logo displayed on the Site without the written grant of the respective owner thereof, Doc.com, or the third-party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information whose terms you agree to follow. Doc.com may remove any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, obscene, or in violation of any copyright, trademark, other intellectual property, or property right of any other person or entity.
Doc.com is committed to complying with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) and the Telephone Consumer Protection Act (TCPA). You consent to receiving text messages from us as set forth above ("Consent to Receive Calls and Text Messages"). The emails, newsletters, and text messages you receive from us are intended to fully comply with CAN-SPAM and TCPA laws. In the event that you receive an email or text message from us that you believe does not fully comply with CAN SPAM or TCPA, please contact us immediately at the address listed below in the "How to Contact Us" section.
You shall not use or allow any of your employees, agents, or affiliates to market, promote, or solicit Doc.com products or services in a manner that violates CAN-SPAM, TCPA, or any other law. You shall not infringe on the rights of others, distribute chain letters, or unsolicited bulk email ("spam"), propagate computer worms or viruses, use a false identity, attempt to gain unauthorized access to any site or network, or infringe on copyrights, trademarks, or other intellectual property rights.
In addition, you agree to comply with U.S. export laws regarding the transmission of technical data and regulated materials over the Internet. You agree to indemnify and hold Doc.com and its affiliates harmless for all acts that are or suspected to be in violation of this agreement. You shall indemnify and hold Doc.com and its affiliates harmless against any losses, damages, costs, and reasonable attorneys’ fees incurred in defending or resolving any claim brought by any person against Doc.com or any of its affiliates arising from any alleged violation of any anti-spam rules, regulations, laws, or statutes. Your account will be terminated for any of the above violations.
Doc.com does not guarantee that access to or use of the Site will be uninterrupted or error free, or that defects on the Site will be corrected. This Site, including any content or information included or any service related to the Site, is provided "as is", with all faults, without representations or warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Doc.com does not guarantee the accuracy, completeness, or timeliness of the information obtained through the Site.
You assume full responsibility and risk for the use of this Site, the Services related to the Site, and the linked websites and applications. Doc.com does not guarantee that the files available for download are free from viruses, worms, Trojan horses, or other destructive programs. You are responsible for implementing sufficient procedures to satisfy your backup and data security needs. Warranties related to products or services offered, sold, and distributed by Doc.com are subject to separate warranty terms and conditions, if any, provided by Doc.com or third parties, with or in relation to the applicable products or services. Doc.com does not guarantee that by using our services you will be prescribed any medical prescription. Providers do not prescribe substances controlled by the DEA, such as those containing opioids or amphetamines. Limitation of Liability Regarding Site Use
EXCEPT AS REQUIRED BY LAW AND WITHOUT LIMITATION:
DOC.COM SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF PROVIDERS. NEITHER DOC.COM NOR ANY THIRD PARTY MENTIONED ON THIS SITE ARE RESPONSIBLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING
FROM LOSS OF PROFITS, LOSS OF INFORMATION, OR BUSINESS INTERRUPTION) ARISING OR RELATED IN ANY WAY TO THE SITE, RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT THAT ANY ASPECT OF THE
FOREGOING LIMITATION OF LIABILITY IS NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF DOC.COM TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR EXEMPTIONS.
Unless stated otherwise in the Terms of Use, nothing in this Agreement shall be deemed to confer any rights or remedies upon any person or entity other than you, Doc.com, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third parties to you, Doc.com, and its affiliates, nor shall any provision grant any third party any right of subrogation or action against you, Doc.com, and its affiliates.
You may not assign, transfer, or delegate the Terms of Use or any portion thereof without the prior written consent of Doc.com. Doc.com may freely assign, transfer, or delegate all or any portion of the Terms of Use and any rights or obligations hereunder or thereunder. The Terms of Use shall be binding upon and shall inure to the benefit of the authorized heirs, successors, and assigns of the parties.
These supplementary terms apply to Providers in addition to the other provisions of these Terms of Use. In case of conflict between the supplementary terms and any other term herein, the supplementary terms shall prevail.
To be a Provider of medical, psychological, psychiatric, veterinary, pharmaceutical, and other products and services using the Site ("Provider" or "you"), you must be a licensed professional contracted or employed and must agree to comply with all laws, national and state board rules, and other rules and regulations applicable to a Provider. Your relationship with Doc.com users is directly between you and the patient and customer. The patient and customer will never have a physician-patient or otherwise relationship with Doc.com. Doc.com does not practice medicine, psychology, psychiatry, veterinary, or pharmaceutical medicine, and does not offer these services or products. As set forth more fully below, the Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other customers.
Without limiting the generality of the foregoing, the Provider is responsible for all billing and collection from its vendors and suppliers, and Doc.com will have no liability to the Provider with respect to any amount owed by any vendor or other supplier to the Provider.
Doc.com does not provide any medical, psychological, psychiatric, veterinary, pharmaceutical, or product legal advice or representation in any way with respect to any legal, medical, psychological, psychiatric, veterinary, pharmaceutical, or product issues associated with the Provider, goods or services offered by the Provider, including, among other things, compliance obligations or steps necessary to comply with state or federal laws and regulations. The Provider should seek legal advice with respect to any legal and compliance issues and should not rely on any material or content associated with the Services to determine the Provider's compliance obligations under the law. The Provider and Doc.com agree that Doc.com does not provide, either to the patient, customer, or to any other person, medical, psychological, psychiatric, veterinary, pharmaceutical, or product legal advice.
The Provider will use the Site and Services only in accordance with applicable standards of good medical, psychological, psychiatric, veterinary, pharmaceutical, or product practice. While software products such as the Site and Services may facilitate and enhance the quality of service the Provider can offer to patients, many factors, including the provider/patient and customer relationship, can affect outcomes, and due to intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine what factors and in what proportion affected an outcome. The Provider will be solely responsible for its use of the Site and Services and the provision of medical, psychological, psychiatric, veterinary, pharmaceutical, and product services to the Provider's patients and customers. In this regard, the Provider releases Doc.com and waives any and all possible claims against Doc.com as a result of the Provider's use of the Site and Services and the provision of services to the Provider's patients and customers.
As a result of the complexities and uncertainties inherent in the care and product ordering process, the Provider agrees to defend, indemnify, and hold Doc.com harmless from any claim by or on behalf of any Provider's patient or customer, or by or on behalf of any other third party or person making a claim for damages by virtue of a family or financial relationship with such patient, which is brought against Doc.com, regardless of the cause, if such claim arises for any reason other than the use or operation of the Site and Services by the Provider. To the extent applicable, the Provider shall obtain Doc.com's prior written consent to any settlement or judgment in which the Provider agrees to any finding of fault of Doc.com or defect in the Site or Services. Doc.com shall promptly notify Provider in writing of any claim subject to this indemnification, shall promptly provide Provider with reasonably necessary information for the defense thereof, and shall grant Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or make available consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us on our Site ("Provider Content"), or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, slanderous, illegal, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that may encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyrights, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents and for providing all required notices to patients and other consumers. You agree not to contact other users through unsolicited emails, phone calls, mail, or any other method of communication.
You represent and warrant to Doc.com that you have the legal right and authorization to upload all Provider Content to the Site. Doc.com shall have a royalty-free, irrevocable, and transferable right and license to use Provider Content as it desires, including, without limitation, copying, modifying, deleting in its entirety, adapting, publishing, translating, creating derivative works from and/or selling and/or distributing such Provider Content and/or incorporating such Provider Content into any form, medium, or technology throughout the world. Doc.com has no obligation (1) to maintain the confidentiality of Provider Content; (2) to pay you any compensation for Provider Content; or (3) to respond to any Provider Content.
Doc.com does not regularly review Provider Content, but reserves the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Doc.com the right to use the name you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content that you post on the Site or provide to patients or other consumers. Doc.com and its affiliates shall not be liable or responsible for any Provider Content submitted by you or a third party.
We will endeavor to work in good faith to resolve any issues you may have with the Site, including the Services requested or purchased through the Site, if you communicate such issue to our customer service department. However, we realize that there may be exceptional cases where we cannot resolve a problem to the customer's satisfaction.
You and Doc.com agree that any dispute, claim, or controversy arising out of, or relating in any way to, these Terms of Use or your use of the Site, including the Services requested or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree on reasonable discovery in light of the issues involved and the amount of the claim. The arbitrator can award the same damages and relief that a court can award, but in doing so, the arbitrator shall apply substantive law regarding damages as if the matter had been brought before a court, including, without limitation, the law on punitive damages as applied by the United States Supreme Court.
You agree that, by accepting these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Doc.com waive the right to a jury trial or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Doc.com.
If you wish to assert a claim against Doc.com, and therefore, choose to seek arbitration, you must first send to Doc.com, by certified mail, a written notice of your claim ("Notice"). The notice to Doc.com should be addressed to: Attn: Legal, Doc.com Inc. 169 Madison Ave. suite 15043, New York, NY 10016 ("Notice Address"). If Doc.com wishes to assert a claim against you, and therefore, chooses to seek arbitration, it will send, by certified mail, a written notice to the most recent address we have on file or otherwise in our records. A Notice, whether sent by you or by Doc.com, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").
If Doc.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Doc.com may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Doc.com or you shall not be disclosed to the arbitrator. You may download or copy a Notification form and an arbitration initiation form from the American Arbitration Association (AAA) website at www.adr.org. If you are required to pay a filing fee, after Doc.com receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000.
The arbitration will be governed by the laws of the State of New York, the Commercial Arbitration Rules and the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association ("AAA"), as set forth in these Terms of Use, and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including the scope and applicability of this arbitration agreement. Unless Doc.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the U.S., arbitration hearings will be held at a reasonably convenient location for you in your country of residence, but will remain subject to the AAA Rules, including the AAA rules regarding the selection of an arbitrator.) If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Doc.com's last written settlement offer made before an arbitrator was selected (or if Doc.com did not make a settlement offer before an arbitrator was selected), then Doc.com will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay its own costs and attorneys' fees, if any. However, if any party prevails on a claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery of attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND DOC.COM 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 Doc.com 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. The arbitrator may award relief (including injunctive relief and/or declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be deemed modified to the extent necessary to make it enforceable and the remaining arbitration terms will remain in full force and effect. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. In addition, you and Doc.com both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
We shall not be considered in breach of these terms, nor shall we be liable for any failure to comply with these terms or our Privacy Policy, due to any event or circumstance beyond our reasonable control, including, but not limited to, force majeure events, terrorism, war, invasion, failures of any public network, power cuts, earthquakes or floods, civil unrest, strikes, fires, or other disasters.
You agree to defend, indemnify, and hold harmless Doc.com and any affiliate thereof, from and against any and all claims, demands, losses, liabilities, damages, actions, causes of action, suits (whether legal or equitable), fees, costs, and attorneys' fees of any kind arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services, or any information posted on the Site; (ii) your breach of the Terms of Use or the Privacy Policy; (iii) the content or subject matter of any information you provide to Doc.com, any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission on your part in your use or misuse of the Site, Services, or any information on the Site, including, but not limited to, infringement of third-party intellectual property rights, privacy rights, or negligence or unlawful conduct.
All questions and requests related to technical support for the Site should be directed to Doc.com. To submit a technical support request, please email us at support@doc.com. The Selected Third Parties, as defined below, are not responsible for providing technical support for any part of the Site's application and cannot be contacted for technical support. Doc.com will make all commercially reasonable efforts to respond to inquiries and provide support within the first 24 hours. Please note that we may change or remove Site functionality and other features at any time without prior notice.
Doc.com shall have no liability for errors, unreliable operation, or other issues arising from the use of the Site on or in connection with devices to which system control privileges have been changed (rooting), or devices from which factory limitations have been removed (jailbreaking), or on any mobile device that does not meet the original manufacturer's specifications, including the use of modified versions of the operating system (collectively, "Modified Devices"). The use of the Site on Modified Devices shall be at your sole and exclusive risk and responsibility.
Your mobile service provider, the manufacturer and store of your mobile device, the developer of the operating system for your mobile device, the operator of any app store, marketplace or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the "Selected Third Parties") are not parties to these Terms of Use and do not own or control the Site.
Doc.com, and not any Selected Third Party, is responsible for responding to any claims made by you or any third party regarding the Site or your use or possession of it, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all terms and conditions of the app store and other applicable Selected Third Parties.
YOU AGREE THAT (I) THE SELECTED THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FULL ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT SHALL THE SELECTED THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE], OR OTHERWISE) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECTED THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE], OR OTHERWISE) OF ANY KIND SHALL NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY CLAIM, KNOWN NOW OR DISCOVERED LATER, THAT YOU MAY HAVE AGAINST THE SELECTED THIRD PARTIES, ARISING FROM THE SITE AND THESE TERMS OF USE. THE SELECTED THIRD PARTIES ARE CONSIDERED BENEFICIARIES OF THESE TERMS OF USE AND MAY ENFORCE THEIR TERMS DIRECTLY. NOTHING CONTAINED IN THESE TERMS OF USE SHALL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENT OR OTHER TERMS BETWEEN YOU AND THE SELECTED THIRD PARTIES REGARDING THE SUBJECT MATTER AT ISSUE. IN THE EVENT OF ANY CLAIM THAT THE SITE OR YOUR POSSESSION AND USE OF THE SITE INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, THE SELECTED THIRD PARTIES ARE NOT RESPONSIBLE FOR INVESTIGATING, DEFENDING, SETTLING, OR DISCHARGING THE CLAIM.
If a refund is requested, it is important to identify the method through which the Service was purchased beforehand. The following information must be available: name and surname of the account owner, cellphone number used to create the account, type of plan, payment date, and the last 4 digits of the credit or debit card used to pay for the service.
Any refund request must be made by writing to the following email address:
support@doc.com. The email must contain the name and surname of the account owner, email address or cellphone number used to create the account, type of plan, payment date, and the last 4 digits of the credit or debit card used to pay for the service.
To be eligible for a full refund, the following restrictions must be considered:
The refund for the total amount of purchase for a monthly plan must be requested within the first 3 days after the purchase of the service. If the request is made after 3 days, the service will no longer be refundable
If the service has been used for one or more complete consultations within the first 3 days, the refund will not apply.
The refund for the total amount of purchase for an Annual Plan must be requested within the first 15 days after the purchase of the service. If the request is made after 15 days, the service will no longer be refundable.
If the service has been used for one or more complete consultations within the first 15 days, the refund will not apply.
The refund for the total amount of purchase for a Call Package must be requested within the first 3 days after the purchase of the service. If the request is made after 3 days, the service will no longer be refundable.
If the service has been used for one or more complete consultations within the first 3 days, the refund will not apply.
Doc.com reserves the right, at its sole discretion, to cancel your access to all or part of this Site, with or without cause and with or without notice. Doc.com reserves the right to modify these Terms of Use at any time from the Site & Services. Any use of this Site & Services. after such changes will be considered an acceptance of such changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that a court or other competent jurisdiction determines that any of the Terms of Use is unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use remain in full force and effect. These Terms of Use constitute the entire agreement between Doc.com and you in relation to such agreement.
Doc.com, in its sole discretion, may periodically revise these Terms of Use by updating such publication. Therefore, you should periodically visit this page to review the updated Terms of Use, so that you are aware of the revisions that you are obligated to comply with. Certain provisions of these Terms of Use may be superseded by legal notices or terms expressly designated located on specific pages within this Site.
Information about Copyrights/Trademarks (Copyright/Trademark 2024: Doc.com). All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Site are our property or the property of third parties. You are not allowed to use these Marks without our prior written consent or the consent of such third party who may own the Marks.
Doc.com Inc.
169 Madison Ave. suite 15043, New York, NY 10016
Email: support@doc.com
.svg)
.svg)
.svg)
