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Posted: September 8, 2015
These terms and conditions of use(“Terms of Use”) constitute an agreement between you as a user of this website (“you,” “your,” or “user”) and IsDocIn, LLC (“IsDocIn,” “we,” or “us”), the operator of www.IsDocIn.com (the “Site”) and related websites, applications, services, and mobile applications provided by IsDocIn and on which these Terms of Use are posted or referenced (collectively, the “Services”). These Terms of Use, together with our Privacy Policy and Acceptable Use Policy (each of which are incorporated herein by reference and collectively referred to as“Agreement”),govern your use of the Services as a casual visitor, a non-registered user,ora registered user, although additional conditions, restrictions, and policies may apply.
By accessing or using the Services in any manner and/or by registering with us, you signify that you agree to theterms of this Agreement, including the practices disclosed in our Privacy Policy and the restrictions provided in our Acceptable Use Policy. If you use the Services or register an account on behalf of an individual or entity other than yourself, you represent that you are legally authorized to accept this Agreement on such individual’s or entity’s behalf.
USE OF THE SERVICES
The Services allowyou to schedule appointments online with doctors, dentists, and other healthcare professionals (collectively, “Healthcare Provider”). Among other things, the Services also allow you to check insurance coverage and write reviews about your experiences with Healthcare Providers, and to provide on-line mechanism for booking physician appointments and for referrals to and among physicians through the use of the Internet/website, instant messaging and Application(s). The Services are compliant with the HIPAA Standards for Privacy of Individually Identifiable Health Information and the Standards for Security of Electronic Protected Health Information, 45 C.F.R. Part 160 and Part 164, Subparts A, C and E (the “HIPAA Regulations”), and the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009 (the “HITECH Act”) (collectively, the HIPAA Regulations and the HITECH Act are referred to as the “Requirements”). We may also use such information, in a legally-compliant manner (described below) for research and other data aggregation services.
As a condition of your use of the Services, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use the Services in accordance with these Terms of Use, (iv) you will only use the Services for your own purposes or for the purposes of a person or entity for whom you are legally authorized to act, and (v) all information supplied by you on the Siteor the Services is true, accurate, current, and complete. We retain the right at our sole discretion to deny access to anyone to the Services at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
The Services arenot for use with life-threatening, debilitating, or emergent medical conditions, and you agree that you are not attempting to use theServices for such a condition. You agree that you have read the section below entitled “When to Call 911,” and you do not believethat you need to call an ambulance.
When to call 911
The Services should only be used for medical complaints of a non-serious nature. If you have a life-threatening, debilitating, or emergent medical condition, you should not use the Services. You should immediately go to the hospital or call 911 for emergency medical assistance.
A “life-threatening, debilitating or emergent medical condition” is one with acute symptoms of sufficient severity such that without immediate medical attention a reasonable likelihood exists of:
Emergency Medical Treatment and Labor Act (EMTALA)
EMTALAis a complex federal law that imposes specific legal obligations on Medicare- participating hospitals that offer emergency services. You should consult private legal counsel if you want a full interpretation of the law. Very generally speaking, for an individual who “comes to the emergency department” and requests (or there is an apparent need for) emergency treatment, the hospital must provide a medical screening examination to determine whether an emergency medical condition exists regardless of the individual’s ability to pay. As defined by EMTALA, “Comes to the Emergency Department” includes coming to the hospital campus (or urgent care center in some cases). If an emergency medical condition exists, the hospital is required to provide stabilizing treatment for the individual. If the hospital is unable to stabilize an individual within its capability (or if the individual requests), an appropriate transfer to another hospital must be made. Stabilizing treatment cannot be delayed to request the individual’s payment or insurance information.
By using the Services, you acknowledge that you understand and agree that:
Note:Participating hospitals and urgent care centers on the Services may or may not be subject to EMTALA. You should confirm the EMTALA obligations, if any, directly with the individual hospital and urgent care center.
REGISTRATION
Some portions of the Services are viewable without registering with us. To actively participate in the Services or store your information, however, you must register as a member and authorize the use and disclosure of your Personal Information.
Your Personal Information
To register with us, you must provide certain basic information about yourself. You also may need to provide additional information to access all of the Services provided by IsDocIn. As a result, we may ask you to voluntarily provide information that personally identifies or could be used to personally identify you (“Personal Information”). Personal Information includes, but is not limited to, the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID, and payor ID); (4) medical data (such as the Healthcare Providers you have visited, your reasons for visit, your dates of visit, your medical history, and other medical and health information you choose to share with us), and/or (5) other information that you voluntarily choose to provide us, including, without limitation, social security numbers and unique identifiers such as passwords.
By submitting your Personal Information, you authorize IsDocIn, its employees, agents, and others operating on its behalf to use and disclose such information for the provision of the Services and as otherwise disclosed in our Privacy Policy.
Credentials
As part of the registration process, you must provide an e-mail address and create a password. These are your credentials for accessing the Services available only to members ("Credentials"). You should keep your Credentials private and not share them with anyone else. You must immediately notify us if your password is stolen or compromised by sending an email to fraudprotection@IsDocIn.com.
Intake Form
If you complete a medical history form ("Intake Form") on behalf of yourself or a third party for whom you are authorized to act, you authorize IsDocIn to provide that information to the specified Healthcare Provider. You 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 that IsDocIn may use the information on the Intake Form for any reason designated in our Privacy Policy.
PROVISION OF CONTENT
Content is provided solely to assist you with locating appropriate medical care from a Healthcare Provider. “Content” is text, data, graphics, images, photographs, videos, audio recordings, information, suggestions, guidance, and other materials provided, made available, or otherwise found through the Services and/or Site, including, without limitation, information provided in response to your own questions or postings. You acknowledge that, although some Content may be provided by Healthcare Providers, the provision of such Content does not constitute an opinion or medical advice, diagnosis, or treatment and does not create a Healthcare Provider-patient relationship.
WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON ANY SUCH CONTENT. WE DO NOT ENDORSE OR RECOMMEND ANY HEALTHCARE PROVIDER LISTED OR ACCESSIBLE THROUGH THE SERVICES.
Content You Post or Submit
You will have the opportunity to post feedback regarding your experiences with Healthcare Providers featured through the Services, to submit inquiries concerning possible medical needs, and to participate in other interactive and community features on the Site (collectively “Posted Information”). You must act responsibly when providing Posted Information. All Posted Information must comply with our Acceptable Use Policy. IsDocIn reserves the right, in its sole discretion, to investigate and take appropriate action against anyone who violates this provision or the Acceptable Use Policy, including, without limitation, removing offending communications, terminating memberships, or blocking use of the Services.
By providing Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to IsDocIn and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that IsDocIn has the exclusive right to practice this license to the extent of combining your Posted Information with the posted information of other IsDocIn users to construct or populate a searchable database of reviews and information related to the healthcare industry.
ISDOCIN DOES NOT PROVIDE MEDICAL ADVICE
Content that you obtain or receive from IsDocIn, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling, and payment purposes only. All medically-related information is provided by independent healthcare professionals and organizations. Such information is provided for informational purposes only and does not create a healthcare professional-patient relationship.
CONTENT, WHETHER PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM IsDocIn, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU READ ON THE SITE. YOUR USE OF THE SITE, SERVICES, AND CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any tests,procedures, products, services, devices, opinions, or other information obtained through the Services.
NO HEALTHCARE PROVIDER-PATIENT RELATIONSHIP
NO HEALTHCARE PROVIDER-PATIENT RELATIONSHIP IS CREATED BY USING THE SITE, SERVICES, OR CONTENT, WHETHER THE CONTENT IS PROVIDED THROUGH THE USE OF THE SERVICES OR ANY OTHER COMMUNICATIONS FROM IsDocIn, INCLUDING, BUT NOT LIMITED TO, THE “FIND A DOCTOR” FEATURE, LINKS TO OTHER SITES, OR ANY ASSISTANCE WE PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER.
We have no control over and cannot guarantee the availability of any Healthcare Provider. We are not liable for cancelled or unfulfilled appointments, or any injury resulting therefrom, or for any injury resulting or arising from or related to the use of the Site or Services.
IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER LISTS AND RELATIONSHIPS
We will provide lists and/or profile previews of Healthcare Providers based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty. To enable the maximum choice and diversity of Healthcare Providers, these lists and/or profile previews may be based on other criteria, including, but not limited to, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or other IsDocIn users, and past experiences of IsDocIn users with Healthcare Providers. To the extent you use the Services through your employer, IsDocIn may provide lists and/or profile previews based on criteria determined by your employer and your employer’s agents or advisors.
Healthcare Providers listed through the Services enter into contracts with us and may pay a fee to be marketed through the Services. However, IsDocIn does not (a) recommend or endorse any Healthcare Providers; (b) make any guarantees, representations, or warranties with respect to Healthcare Providers or the quality of their services; and/or (c) receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services.
IsDocIn uses reasonable efforts to ensure that all Healthcare Providers listed through the Services hold allactive licenses required by law to practice their specialties and are not excluded from participating in the Medicare and Medicaid programs. IsDocIn may exclude Healthcare Providers who, in its sole discretion, have engaged in inappropriate or unprofessional conduct.
SERVICES AND CONTENT FOR INFORMATIONAL AND EDUCATIONAL PURPOSES
We make the Services and Content available to users and Healthcare Providers for informational and educational purposes. We do not guarantee the timeliness, accuracy, and completeness of the Content, and we will not be responsible for any errors or omissions or for results obtained from the use of such Content. We may, but are under no obligation to, review Content. We encourage you to independently confirm the Content contained herein and to seek the advice of a qualified Healthcare Provider.
Healthcare Provider Content
Healthcare Provider Content is provided for general reference only. Such Content is provided by Healthcare Providers and/or their office staff and is collected from multiple data sources that may not be confirmed by Healthcare Providers. Healthcare Provider Content changes frequently and may become out of date, incomplete, or inaccurate. You should independently verify such Content.
Insurance Content
The insurance and insurance-related Content, including, without limitation, insurance coverage and benefit Content (“Insurance Content”), is provided for your convenienceonly. Insurance Content changes frequently and may become out of date, incomplete or inaccurate. Insurance Content is based in part on your Personal Information. To improve (but not guarantee) the accuracy of Insurance Content, you agree that you (a) will provide accurate and complete insurance-related Personal Information and (b) will update your insurance-related Personal Information as needed. IsDocIn is not responsible for your failure to comply with the instructions from us or for any inaccurate, incomplete, or outdated Insurance Content, regardless of the reason.
Tests/Procedures/Products/Services/Devices
The tests, procedures, products, services, and devices discussed and/or marketed through the Services are not applicable to all individuals, patients, or clinical situations. We do not represent or warrantthe safety, effectiveness, or appropriateness of any tests, procedures, products, services, or devices. Any representations through the Services by advertisers, sponsors, and other participants, whether paid or unpaid, are presented for your information only and do not imply safety or appropriateness or predict the outcome, effectiveness, or success for any particular individual.
YOUR RESPONSIBILITIES
Your Responsibilities Generally
YOU UNDERSTAND THAT YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER. You are strongly advised to perform your own investigation before selecting a Healthcare Provider, including, but not limited to, confirming appropriate licensure, certification, education, and experience.
Even though the Services are provided free of charge, you are responsible for paying any and all charges incurred by obtaining medical services from Healthcare Providers.You must resolve any dispute between you or any Healthcare Provider directly with the Healthcare Provider.
You are responsible for all use of the Services and all use of your Credentials, including use by others to whom you have given your Credentials. You agree that you are responsible for protecting your computer against interference, spyware, viruses, or other computer issues that may be encountered by downloading items from the Services.
You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site 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 Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining, or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services for any purpose whatsoever.
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 or our Acceptable Use Policy.
Responsibilities of Healthcare Providers and Others in the Medical Industries
Regardless of whether you are a member or whether you schedule or intend to schedule appointments through the Services, if you are a Healthcare Provider or other person or entity in the medical industry, you acknowledge and agree that:
CHANGES TO THE SERVICES; ADDITIONAL TERMS
Changes to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about new services will be included in the Content, and the use of new services will be governed by this Agreement. You agree that IsDocIn will not be liable to you or any third party for any suspension or discontinuation of any of the Services or portion thereof.
Additional Terms
Certain Services may have additional terms (including, without limitation, policies, guidelines, and rules) that will further govern your use of that particular Service and supplement this Agreement. If you choose to register for, access, or use any such Services, you may be presented with additional terms, which will be incorporated by reference into this Agreement.
LINKS TO OTHER SITES
The Services may contain links to third party websites with which IsDocIn has no affiliation, including links provided as automated search results. These links are provided for your convenience only and do not constitute sponsorship, endorsement, approval, or responsibility for any of thesewebsites. We do not warrant or make any representation about the substance, quality, functionality, or accuracy of any of these websites or their content. If you decide to visit a third party website, you are subject to the policies of that website. You acknowledge and agree that we are not responsible for the policies and practices ofthese third party websites.
CONFIDENTIALITY OF INFORMATION
Although IsDocIn uses reasonable precautions to safeguard the confidentiality of information received and sent over the Internet or by e-mail, we cannot guarantee the confidentiality of such information. IsDocIn also cannot guarantee that we will receive, review, or respond to information you send to us over the Internet or by e-mail. Individuals corresponding with us over the Internet or by e-mail waive any claims regarding any access to or use of confidential information by a third party.
DISCLAIMER OF WARRANTIES
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding which users gain access to the Site and/or the Services; what Content you access via the Site and/or the Services; what effects the Content on the Site and/or the Services may have on you; how you may interpret or use the Content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the Content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired Content through the Site and/or the Services. We make no representations concerning any Content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, IMPLIED WARRANTIES, AND WARRANTIES IMPOSED BY LAW, WITH RESPECT TO THE SERVICES AND THE SITE, 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 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 ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINES, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, IsDocInMAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. IsDocIn DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE, OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE, OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ITEMS.
GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES, OR (b) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY BRINGING A CLAIM ON YOUR BEHALF) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS ACCESSED THROUGH THE SERVICE, 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 LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR JURISDICTIONS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
INTELLECTUAL PROPERTY PROTECTION
All 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 IsDocIn’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 Site and the Services for your own convenience, but you may not copy, distribute, republish, sell, or exploit the Content, Site, or Services, in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither IsDocIn nor its suppliers grant you any express or implied rights, and all rights in the Site and Services not expressly granted by IsDocIn to you are retained by IsDocIn.
TERMINATION
We may terminate and/or suspend your registration immediately without notice if there has been a violation of this Agreement by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. IsDocIn shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. You agree not to attempt to use the Site and/or the Services after such deletion, deactivation, or termination (provided, in the case of deactivation due to inactivity, you may be permitted to re-register). The following sections shall survive any termination or expiration of these Terms of Use:
INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless IsDocIn, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands, and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site; (b) your use of the Services; and/or (c) the violation of this Agreement, or of any intellectual property infringement or violation of any other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.
MISCELLANEOUS
Eligibility
You must be 18 years of age or over (or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age) to register with us or use the Services. If you are between the ages of 13 and 18, you can use the Services only under the supervision of your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Services.
Membership in the Services is void where prohibited by applicable law, and the right to access the Site 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 and to abide by all terms and conditions set forth herein. The Site is administered in the United States and is intended for U.S. users; any use outside of the United States is at the user’s own risk. Users are responsible for compliance with any local laws applicable to their use of the Services.
Changes to These Terms of Use
We may change these Terms of Use (as well as the Privacy Policy and Acceptable Use Policy) at any time as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. You agree to review these Terms of Use periodically to be aware of all such modifications and accessing the Site or using the Services constitutes your acceptance of these Terms of Use as they appear at the time of your access or use.
IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, YOU MUST STOP USING THE SERVICES.
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.
Assignment
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or affiliated company, or as part of a sale to, merger with, or transfer of our company to another entity. You may not assign, transfer, or sublicense this Agreement to anyone else and any attempt to do so shall be null and void.
Entire Agreement
This Agreement and any supplemental terms, policies, rules, and guidelines posted through the Servicesconstitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
No Waiver
The failure of IsDocIn to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise any right provided for herein in any respect shall not be deemed a waiver of any further rights hereunder.
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.
Choice of Law and Venue
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Arizona as applied to contracts made and to be performed entirely within Arizona, without giving effect to the state’s conflicts of law statute, and the venue for any action described in the subsequent paragraph shall in the City of Scottsdale, Maricopa County, Arizona.
Arbitration Clause; Class Action Waiver
YOU AGREE THAT ALL DISPUTES (WHETHER OR NOT INVOLVING A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SITE AND/OR SERVICES, AND/OR YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought by a private attorney general or in a representative capacity or consolidated claims involving another person's account, if we are a party to the proceeding. This provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages or other remedies that conflict with these Terms of Use.
Electronic Contracting; Copyright Dispute
Your affirmative act of using the Services and/or registering with us constitutes your electronic signature to this Agreement, which includes our Privacy Policy and Acceptable Use Policy, and your consent to enter into agreements with us electronically. Please review our Acceptable Use Policy for our copyright dispute policy.
Posted: September 8, 2015
This Privacy Policy describes our practices regarding the collection, use, and disclosure of information that IsDocIn receives from users of the Site. This Privacy Policy is incorporated by reference into IsDocIn, LLC’s (“IsDocIn,” “we,” or “us”) Terms of Use and governs your use of the Site and Services, although additional conditions, restrictions, and policies may apply. Unless otherwise defined herein, terms used in this Privacy Policy have the same meanings as in the Terms of Use.The Terms of Use describe, in detail, the services (the “Services”) offered by IsDocIn.
By accessing or using the Services in any manner and/or by registering with us, you acknowledge that you have read this Privacy Policy and agree to be legally bound by its terms. If you use the Services or register an account on behalf of an individual or entity other than yourself, you represent that you are legally authorized to accept this Privacy Policy on such individual’s or entity’s behalf.
COLLECTION OF INFORMATION
Personal Information
Some of the Services require us to know who you are so that we can best meet your needs. When you access these Services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you (“Personal Information”). Personal Information includes, but is not limited to, the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth, and your zip code); (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID, and payor ID); (4) medical data (such as the Healthcare Providers you have visited, your reasons for visit, your dates of visit, your medical history, and other medical and health information you choose to share with us), and/or (5) other information that you voluntarily choose to provide us, including, without limitation, social security numbers and unique identifiers such as passwords.
Protected Health Information
Under the Health Insurance Portability and Accountability Act, Standards for Privacy of Individually Identifiable Health Information and the Standards for Security of Electronic Protected Health Information, 45 C.F.R. Part 160 and Part 164, Subparts A, C and E (the “HIPAA Regulations”), some of the information that IsDocIn collects as part of providing the Services may be considered “protected health information” (“PHI”). Specifically, when IsDocIn receives identifiable information about you from or on behalf of your Healthcare Providers, this information is PHI. HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed.
You have been or will be asked to e-sign the IsDocIn User Authorization (the “Authorization”). Your decision to e-sign the Authorization is entirely voluntary. If you choose to e-sign the Authorization, you agree that IsDocIn may use and disclose your PHI in the same way that it uses and discloses your Personal Information that is not PHI. Those uses and disclosures are described in this Privacy Policy. To the extent any provision in the Authorization is inconsistent with this Privacy Policy or other provisions of the Agreement, the provision in the Authorization only controls with respect to your PHI. If you do not e-sign the Authorization, your PHI is used and disclosed only as permitted by your Healthcare Provider(s) and any Personal Information that is not PHI is governed by this Privacy Policy.
Payment Information
When you make a payment through our Services, your payment is processed by our payment processing partner, www.braintree.com. Braintree’s use and storage of the information it collects is governed by Braintree’s applicable terms of service and privacy policy.
The information that we store includes your payment card type and the last four digits of the payment card. We may provide the option to remove this information through your account settings page.
Traffic Data
We also may automatically collect certain data when you use the Services, such as (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geographical information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information.
Public Information
Any information that you reveal in a review or online discussion or forum is intentionally open to the public and is not in any way private. We recommend that you carefully consider whether to disclose any Personal Information in any public posting. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
CONTROLLING YOUR INFORMATION
If you are a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. You must immediately notify us if your password is stolen or compromised by sending an email to fraudprotection@IsDocIn.com. If you wish to close your account, please email us at privacy@IsDocIn.com. IsDocIn will delete your account, and the information in your account, as soon as reasonably possible. Please note, however, that IsDocIn reserves the right to retain information from closed accounts as necessary to comply with any law, prevent fraud, resolve disputes, enforce the Agreement, and take other actions permitted by law.
USE OF INFORMATION
We use your information, including Personal Information, to provide the Services and to help improve them, including as follows:
DISCLOSURE OF INFORMATION
We may disclose certain information that we collect from you, including, but not limited, to the following:
TRACKING TOOLS
The Site and the Services may use a variety of tracking tools, including, but not limited to,cookies, web beacons, website analytics services, and mobile device identifiers.
Cookies
“Cookies” are small computer files transferred to your computer that contain information such as user ID, user preferences, lists of pages visited, and activities conducted while using the Services. We use Cookies for analytics and fraud prevention and to improve the Services by tracking your navigation habits, storing your authentication status, and customizing your experience with the Services.
Cookies may be used by our business partners to collect information when you use the Services, such as IP address, mobile device ID, type of operating system, type of browser, web pages viewed, geographic location of your internet service provider, and some demographic information like your gender and age range. These third-party Cookies help IsDocIn learn more about our users’ demographics and internet behaviors. Some of our business partners also use Cookies to show IsDocIn ads on other websites and services based on information collected about your use of the Services and your particular interests (as inferred from your online activity).
Some web browsers (including some mobile web browsers) allow you to reject Cookies or alert you when a Cookie is placed on your computer, tablet, or mobile device. Although you are not required to accept IsDocIn’s Cookies, if you block them, you may not have access to all features available through the Services.
Web Beacons
“Web Beacons” are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about the Services, the websites of selected advertisers, and the emails, special promotions, or newsletters that we send you. The information collected by Web Beacons allows us to monitor how many people are using the Services, clicking onto selected advertisers’ websites, and/or opening our emails (and for what purpose). Web beacons also permit us to enhance our advertising.
Website Analytics Services
Third-party website analytics services may be used in connection with the Services to record such things as mouse clicks and movements, scrolling activity, and text typed into the Site. Website analytics generally do not collect any Personal Information unless it is voluntarily provided. We use website analytics to make the Services easier to use.
Mobile Device Identifiers
Mobile device identifiers can be used to track your mobile device and any data and activities occurring on it as well as the applications installed on it. These identifiers collect some Personal Information (such as media access control, address, and location) and Traffic Data. Mobile device identifiers help IsDocIn learn more about our users’ demographics and internet behaviors.
You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. However, if you reject mobile device identifiers, you may not have access to all features available through the Services.
"DO NOT TRACK” SIGNALS"
IsDocIn does not take any action in response to “Do Not Track” (DNT) signals.
STORAGE AND SECURITY OF INFORMATION
The security of your Personal Information and PHI is important to us, but remember that no method of transmission over the Internet or method of electronic storage is completely secure. While we strive to use commercially acceptable means to protect your information, we do not and cannot guarantee its absolute security.
If we become aware that your Personal Information and/or PHI has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (if known) as soon as reasonably possible and as permitted or required by law.
LINKS TO OTHER SITES
The Services may contain links to third party websites with which IsDocIn has no affiliation, including links provided as automated search results. These links are provided for your convenience only and do not constitute sponsorship, endorsement, approval, or responsibility for any of these websites. We do not warrant or make any representation about the substance, quality, functionality, or accuracy of any of these websites or their content. If you decide to visit a third party website, you are subject to the policies of that website. You acknowledge and agree that we are not responsible for the policies and practices of these third party websites.
UPDATES AND CHANGES TO THE PRIVACY POLICY
We may change this Privacy Policy at any time as we reasonably deem appropriate. Upon any such change, we will post the amended Privacy Policy on the Site; we may also attempt to notify you in some other way. You agree to review this Privacy Policy periodically to be aware of all such modifications and accessing or using the Site constitutes your acceptance of the Privacy Policy as it appears at the time of your access or use.
IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS PRIVACY POLICY, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, YOU MUST STOP USING THE SERVICES.
CONTACT INFORMATION
If you have any comments, concerns or questions about this Privacy Policy, please contact us at privacy@IsDocIn.com or at:
IsDocIn, Inc.
8951 E Bell Rd., Ste. 102,
Scottsdale, AZ 85260
