Privacy Policy, Terms And Conditions, Refunds
Privacy Policy
Protecting your private
information is our priority. This Statement of Privacy applies to the
www.emr4doctors.com
and Www.emr4doctors.com and governs
data collection and usage. For the
purposes of this Privacy
Policy, unless otherwise noted, all references to Www.emr4doctors.com
include www.emr4doctors.com, Www.emr4doctors.com. The
Www.emr4doctors.com website is a business software services and consulting
site. By using the Www.emr4doctors.com website, you consent to the data
practices described in this statement.
Collection of your Personal
Information
Www.emr4doctors.com may
collect personally identifiable information, such as your name. We may gather additional
personal or non-personal information in the future.
Information about your
computer hardware and software may be automatically collected by
Www.emr4doctors.com. This
information can include: your IP address, browser type, domain names,
access times and referring
website addresses. This information is used for the operation of the
service, to maintain quality
of the service, and to provide general statistics regarding use of the
Www.emr4doctors.com website.
Www.emr4doctors.com
encourages you to review the privacy statements of websites you choose to link
to from Www.emr4doctors.com so that you can understand how those websites
collect, use and share your information. Www.emr4doctors.com is not responsible
for the privacy statements or other content on websites outside of the Www.emr4doctors.com
website.
Use of your Personal
Information
Www.emr4doctors.com collects
and uses your personal information to operate its website(s) and deliver the
services you have requested.
Www.emr4doctors.com may also
use your personally identifiable information to inform you of other
products or services
available from Www.emr4doctors.com and its affiliates. Www.emr4doctors.com may
also contact you via surveys to conduct research about your opinion of current
services or of potential new services that may be offered.
Www.emr4doctors.com does not
sell, rent or lease its customer lists to third parties.
Www.emr4doctors.com may
share data with trusted partners to help perform statistical analysis, send you
email or postal mail, provide customer support, or arrange for deliveries. All
such third parties are
prohibited from using your
personal information except to provide these services to www.emr4doctors.com,
and they are required to maintain the confidentiality of your information.
Www.emr4doctors.com will
disclose your personal information, without notice, only if required to do so
by law or in the good faith belief that such action is necessary to: (a)
conform to the edicts of the law
or comply with legal process
served on Www.emr4doctors.com or the site; (b) protect and defend the
rights or property of Www.emr4doctors.com;
and, (c) act under exigent circumstances to protect the
personal safety of users of Www.emr4doctors.com,
or the public.
© This is a RocketLawyer.com
Legal Document ©
Security of your Personal
Information
Www.emr4doctors.com secures
your personal information from unauthorized access, use or disclosure.
When personal information
(such as a credit card number) is transmitted to other websites, it is
protected through the use of
encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
Www.emr4doctors.com does not
knowingly collect personally identifiable information from children under the
age of thirteen. If you are under the age of thirteen, you must ask your parent
or guardian for
permission to use this
website.
Opt-Out & Unsubscribe
We respect your privacy and
give you an opportunity to opt-out of receiving announcements of
certain information. Users
may opt-out of receiving any or all communications from Www.emr4doctors.com by
contacting us here:
Www.emr4doctors.com.com
Changes to this Statement
Www.emr4doctors.com will
occasionally update this Statement of Privacy to reflect company and customer feedback.
Www.emr4doctors.com encourages you to periodically review this Statement to be
informed of how Www.emr4doctors.com is protecting your information.
Contact Information
Www.emr4doctors.com welcomes
your questions or comments regarding this Statement of Privacy. If you believe
that Www.emr4doctors.com has not adhered to this Statement, please contact Www.emr4doctors.com
at:
Www.emr4doctors.com
Telephone number:
800 758 9539
Effective as of May 07, 2017
Updated Terms and Conditions
Agreement
PLEASE READ THE TERMS AND
CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL
AGREEMENT BETWEEN YOU AND Www.emr4doctors.com
SECTION 12 OF THIS AGREEMENT
CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH
OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR
WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR,
SECTION 12 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED
EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL
ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY
BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION
OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF
LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD
AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION.
PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION
AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT
OUT OF THE ARBITRATION AGREEMENT.
By accessing or using the
website located at https://www.emr4doctors.com/
(“Website”) in any way, downloading, installing or using the Company’s mobile
application (“Application”) or any other software supplied by the Company
(collectively, with the Application, the “Software”), accessing or using any
information, services, features or resources available or enabled via the
Website or Software (each, a “Service” and collectively, the “Services”)),
clicking on a button or taking similar action to signify your affirmative
acceptance of this Agreement, or completing the Emr4doctors account registration
process, you hereby represent that: (1) you have read, understand, and agree to
be bound by this Agreement and any future amendments and additions to this
Agreement as published from time to time at https://www.emr4doctors.com/terms/
or through the Services; (2) you are of legal age in the jurisdiction in which
you reside to form a binding contract with Company; and (3) you have the
authority to enter into the Agreement personally and, if applicable, on behalf
of any company, organization or other legal entity you have named as the user
during the Emr4doctors account registration process and to bind that company,
organization or entity to the Agreement. The terms “you,” “user” and “users”
refer to all individuals and other persons who access or use the Website,
Software, and/or Services, including, without limitation, any companies,
organizations or other legal entities that register accounts or otherwise
access or use the Services through their respective employees, agents or
representatives. Except as otherwise provided herein, if you do not agree to be
bound by the Agreement, you may not access or use the Website, the Services, or
the Software.
Subject to Section 12(h) of
this Agreement, the Company reserves the right to modify the terms and
conditions of this Agreement or its policies relating to the Website, Software
or Services at any time, effective upon posting of an updated version of this
Agreement on the Website or Software. You should regularly review this
Agreement, as your continued use of the Services after any such changes
constitutes your agreement to such changes.
1. User Representations,
Warranties and Covenants
By using the Services, you
expressly represent and warrant that you are legally entitled to enter this
Agreement. Your participation in using the Services is for your sole, personal
or internal business use. When using the Services, you agree to comply with all
applicable laws from your home nation, and the country, state and city in which
you are present while using the Services.
You may only access the
Services using authorized means. It is your responsibility to check to ensure
you download the correct Software for your device. The Company is not liable if
you do not have a compatible device or if you have downloaded the wrong version
of the Software for your device. The Company reserves the right to terminate
your use of the Software and/or Services should you be using the Software or
Services with an incompatible or unauthorized device.
By using the Services, you
agree that:
(a) You will only use the
Services for lawful purposes; you will not use the Services for sending or
storing any unlawful material or for deceptive or fraudulent purposes.
(b) You will not use the
Services to cause nuisance, annoyance or inconvenience.
(c) You will not use the
Services, or any content accessible through the Services, for any commercial
purpose, including but not limited to contacting, advertising to, soliciting or
selling to, any Service Provider, user or Client, unless the Company has given
you permission to do so in writing.
(d) You will not copy or
distribute the Software or any content displayed through the Services without
prior written permission from the Company.
(e) You will not create or
compile, directly or indirectly, any collection, compilation, or other
directory from any content displayed through the Services except for your
personal, noncommercial use.
(f) The information you
provide to us when you register an account or otherwise communicate with us is
accurate, you will promptly notify us of any changes to such information, and
you will provide us with whatever proof of identity we may reasonably request.
(g) You are aware that when
requesting Services by SMS text messages, standard messaging charges will
apply.
(h) You will keep secure and
confidential your account password or any identification credentials we provide
you which allows access to the Services.
(i) You will only use the
Services for your own use and will not resell either the Software or Services
to a third party.
(j) You will not use the
Website or Software in any way that could damage, disable, overburden or impair
any Company server, or the networks connected to any Company server.
(k) You will not attempt to
gain unauthorized access to any part of the Website and/or to any service,
account, resource, computer system and/or network connected to any Company
server.
(l) You will not deep-link
to the Website or access the Website manually or with any robot, spider, web
crawler, extraction software, automated process and/or device to scrape, copy
or monitor any portion of the Website or any content on the Website, unless the
Company has given you permission to do so in writing.
(m) You will not copy any
content displayed through the Services, including but not limited to Service Providers’ menu content and reviews,
for republication in any format or media.
(n) You will not conduct any
systematic retrieval of data or other content from the Website, Software or
Services.
(o) You will not try to harm
other Users or the Company, the Website, Software or Services in any way
whatsoever.
(p) You will report any
errors, bugs, unauthorized access methodologies or any breach of our
intellectual property rights that you uncover in your use of the Website,
Software or Services.
(q) You will not abuse our
promotional or credit code system by redeeming multiple coupons at once.
2. User Account
You are the sole authorized
User of any account you create through the Services. You are solely and fully
responsible for all activities that occur under your password or account. You
agree that you shall monitor your account to prevent use by minors, and you
will accept full responsibility for any unauthorized use of your password or
your account by minors. You may not authorize others to use your User status,
and you may not assign or otherwise transfer your User account to any other
person or entity. Should you suspect that any unauthorized party may be using
your password or account, you will notify the Company immediately. If you
provide any information that is untrue, inaccurate, not current, or incomplete,
or the Company has reasonable grounds to suspect that such information is
untrue, inaccurate, not current, or incomplete, the Company has the right to
suspend or terminate your account and refuse any and all current or future use
of the Services (or any portion thereof). You agree not to create an account or
use the Services if you have been previously removed by the Company, or if you
have been previously banned from use of the Services.
3. User Content
(a) User Content. The
Company may provide you with interactive opportunities through the Services,
including, by way of example, the ability to post User ratings and reviews
(collectively, “User Content”). You represent and warrant that you are the
owner of, or otherwise have the right to provide, all User Content that you
submit, post and/or otherwise transmit (“Make Available”) through the Services.
You hereby grant the Company a perpetual, irrevocable, transferable, fully
paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and
license to use, copy, display, publish, modify, remove, publicly perform,
translate, create derivative works, distribute and/or otherwise use the User
Content in connection with the Company’s business and in all forms now known or
hereafter invented (“Uses”), without notification to and/or approval by you.
You further grant the Company a license to use your username and/or other User
profile information, including without limitation your ratings history, to attribute
User Content to you in connection with such Uses, without notification or
approval by you.
(b) Feedback. You agree that
any submission of any ideas, suggestions, and/or proposals to the Company
through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is
at your own risk and that the Company has no obligations (including without
limitation, obligations of confidentiality) with respect to such Feedback. You
represent and warrant that you have all rights necessary to submit the Feedback
and you hereby grant to Company a perpetual, irrevocable, transferable, fully
paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and
license to use, copy, display, publish, modify, remove, publicly perform,
translate, create derivative works, distribute and/or otherwise use such
Feedback.
(c) Ratings and Reviews. To
the extent that you are asked to rate and post reviews of Service Providers or other businesses
(“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content
and are governed by this Agreement. Ratings and Reviews are not endorsed by the
Company and do not represent the views of the Company or its affiliates. The
Company does not assume liability for Ratings and Reviews or for any claims for
economic loss resulting from such Ratings and Reviews. Because we strive to
maintain a high level of integrity with respect to Ratings and Reviews posted
or otherwise made available through the Services, you agree that: (i) you will
base any Rating or Review on first-hand experience with the Service Provider or business; (ii) you will
not provide a Rating or Review for any
Service Provider or business for which you have an ownership interest,
employment relationship or other affiliation or for any of that company’s
competitors; (iii) you will not submit a Rating or Review in exchange for
payment, free items, or other benefits
from a Service Provider or business and
(iv) your review will comply with the terms of this Agreement. If we determine,
in our sole discretion, that any Rating or Review could diminish the integrity
of the Ratings and Reviews, we may exclude such User Content without notice.
4. Intellectual Property
Ownership
The Company alone (and its
licensors, where applicable) shall own all right, title and interest, including
all related intellectual property rights, in and to the Website, the Software
and the Services. This Agreement is not a sale and does not convey to you any
rights of ownership in or related to the Website, the Software or the Services,
or any intellectual property rights owned by the Company. The Company name, the
Company logo, and the product names associated with the Website, the Software
and Services are trademarks of the Company or third parties, and no right or
license is granted to use them. You agree that you will not remove, alter or
obscure any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Website, the Software or the
Services.
5. Payment Terms
(a) Prices. You understand
that: (a) the prices for menu items displayed through the Services may differ
from the prices offered or published by
Service Providers for the same menu items and/or from prices available
at other third-party websites and that such prices may not be the lowest prices
at which the menu items are sold; (b) the Company has no obligation to itemize
its costs, profits or margins when publishing such prices; and (c) the Company
reserves the right to change such prices at any time, at its discretion. You
are liable for all transaction taxes on the Services provided under this
Agreement (other than taxes based on the Company’s income). Payment will be
processed by the Company, using the preferred payment method designated in your
account.
(b) No Refunds. Charges paid
by you for completed and delivered orders are final and non-refundable. The
Company has no obligation to provide refunds or credits, but may grant them, in
each case in Company’s sole discretion.
(c) Promotional Offers. The
Company, at its sole discretion, may make promotional offers with different
features and different rates to any of our Users. These promotional offers,
unless made to you, shall have no bearing whatsoever on your offer or contract.
We encourage you to check back at our Website periodically if you are interested
in learning more about how we charge for the Software or Services.
(d) Fees for Services and
Software. The Company may change the fees for our Services as we deem necessary
or appropriate for our business.
(d) Referral Program. The
Company’s Referral Program Terms and Conditions are available at https://www.emr4doctors.com/referral-terms/
(“Program”). Under the Program, the Company offers its registered customers in
good standing the opportunity to earn Emr4doctors credits as promotional
rewards by inviting their eligible friends (each, a “Referred Friend”) to
register as new Emr4doctors customers and place their initial order through the
Service by using a unique referral ID link (“Personal Link”). For each
Qualified Referral (as defined in the Program) generated through a User’s
Personal Link, the User may receive a credit as specified on the Company’s
Referral Program page. You agree we may change the terms and conditions of the
Program or terminate the Program at any time.
6. Third-Party Interactions
(a) Third-Party Websites,
Applications and Advertisements. The Services may contain links to third-party
websites (“Third-Party Websites”) and applications (“Third-Party Applications”)
and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party
Websites & Advertisements”). When you click on a link to a Third-Party
Website, Third-Party Application or Third-Party Advertisement, the Company will
not warn you that you have left the Company’s Website or Services and will not
warn you that you are subject to the terms and conditions (including privacy
policies) of another website or destination. Such Third-Party Websites &
Advertisements are not under the control of the Company. The Company is not
responsible for any Third-Party Websites, Third-Party Applications or any
Third-Party Advertisements. The Company provides these Third-Party Websites
& Advertisements only as a convenience and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to such
Third-Party Websites & Advertisements, or their products or services. You
use all links in Third-Party Websites & Advertisements at your own risk.
You should review applicable terms and policies, including privacy and data
gathering practices of any Third-Party Websites or Third-Party Applications,
and make whatever investigation you feel necessary or appropriate before
proceeding with any transaction with any third party.
(b) App Stores. You
acknowledge and agree that the availability of the Application is dependent on
the third party from which you received the Application license, e.g., the
Apple iPhone or Android app stores (“App Store”). You acknowledge that this
Agreement is between you and the Company and not with the App Store. The
Company, not the App Store, is solely responsible for the Software and the
Services, including the Application and the Services, the content thereof,
maintenance, support services and warranty therefor, and addressing any claims
relating thereto (e.g., product liability, legal compliance or intellectual
property infringement). In order to use the Application, you must have access
to a wireless network, and you agree to pay all fees associated with such
access. You also agree to pay all fees (if any) charged by the App Store in
connection with the Application or the Services. You agree to comply with, and
your license to use the Application is conditioned upon your compliance with,
all applicable third-party terms of agreement (e.g., the App Store’s terms and
policies) when using the Application. You acknowledge that the App Store (and
its subsidiaries) are intended third-party beneficiaries of the Agreement and
have the right to enforce them.
7. Transactions Involving
Alcohol
You may have the option to
request delivery of alcohol products in some locations and from certain Service Providers. If you receive your
delivery in the United States, you agree that you will only order alcohol products
if you are 21 years of age or older. If you receive your delivery in another
country, you agree that you will only order alcohol products if you are of
legal age to purchase alcohol products in the relevant jurisdiction. You also
agree that, upon delivery of alcohol products, you will provide valid
government-issued identification proving your age to the Client delivering the
alcohol products and that the recipient will not be intoxicated when receiving
delivery of such products. If you order alcohol products, you understand and
acknowledge that neither the Company nor the Client can accept your order of
alcohol products, and the order will only be delivered if the Service Provider accepts your order. The Client
reserves the right to refuse delivery if you are not 21 years of older, if you cannot
provide a valid government issued ID, if the name on your ID does not match the
name on your order, or you are visibly intoxicated. If the Client is unable to
complete the delivery of alcohol products for one or more of these reasons, you
are subject to a non-refundable $20 re-stocking fee.
8. Indemnification
You agree to indemnify and
hold harmless the Company and its officers, directors, employees, agents and
affiliates (each, an “Indemnified Party”), from and against any losses, claims,
actions, costs, damages, penalties, fines and expenses, including without
limitation attorneys’ fees and expenses, that may be incurred by an Indemnified
Party arising out of, relating to or resulting from (a) your User Content; (b)
your misuse of the Website, Software or Services; (c) your violation of this
Agreement; or (d) your violation of any applicable laws, rules or regulations
through or related to the use of the Website, Software or Services. In the
event of any claim, allegation, suit or proceeding alleging any matter
potentially covered by the agreements in this section, you agree to pay for the
defense of the Indemnified Party, including reasonable costs and attorneys’
fees incurred by the Indemnified Party. The Company reserves the right, at its
own cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
the Company in asserting any available defenses. This provision does not
require you to indemnify any Indemnified Party for any unconscionable
commercial practice by such party, or for such party’s negligence, fraud,
deception, false promise, misrepresentation or concealment, suppression or
omission of any material fact in connection with the Website, Software or
Services. You agree that the provisions in this section will survive any
termination of your account, this Agreement, or your access to the Website,
Software and/or Services.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE, SOFTWARE AND
SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE
WEBSITE, SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO
YOU. THE WEBSITE, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE
THROUGH THE WEBSITE, SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT,
GRAPHICS OR LINKS.
THE COMPANY DOES NOT WARRANT
THAT THE WEBSITE, SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE
WEBSITE, SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
MALWARE. IF YOUR USE OF THE WEBSITE, SOFTWARE OR SERVICES RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE
RESPONSIBLE FOR THOSE ECONOMIC COSTS.
10. Internet Delays
The Company’s Website,
Software and Services may be subject to limitations, delays, and other problems
inherent in the use of the Internet and electronic communications. Except as
set forth in the Company’s privacy policy or as otherwise required by applicable
law, the Company is not responsible for any delays, delivery failures, or other
economic damage resulting from such problems.
11. Limitation of Liability
(a) Cap on Liability. TO THE
FULLEST EXTENT OF LAW THE COMPANY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE
GREATER OF (a) AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO THE COMPANY IN
THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH
CLAIM, AND (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH
CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF
THE COMPANY FOR (a) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE
OR WILLFUL MISCONDUCT, OR FOR (b) ANY INJURY CAUSED BY THE COMPANY’S FRAUD OR
FRAUDULENT MISREPRESENTATION.
(b) Disclaimer of Certain
Damages. TO THE FULLEST EXTENT OF LAW THE COMPANY SHALL NOT BE LIABLE TO ANYONE
FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR
OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA,
REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY SHALL NOT BE
LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING
BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH THE WEBSITE, SOFTWARE, OR SERVICES INCLUDING BUT NOT LIMITED TO
THE USE OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR SERVICES, ANY RELIANCE
PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR
AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER, CLIENT, ADVERTISER OR
SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SOFTWARE
OR SERVICES, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF
PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR
PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY THE COMPANY’S
FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN
THE STATE OF NEW JERSEY.
12. Dispute Resolution
PLEASE READ THE FOLLOWING
SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND
LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS
AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
(a) Scope of Arbitration
Agreement. You agree that any dispute or claim relating in any way to your
access or use of the Services as a consumer of our Services, to any advertising
or marketing communications regarding the Company or the Services, to any products
or services sold or distributed through the Services that you received as a
consumer of our Services, or to any aspect of your relationship or transactions
with Company as a consumer of our Services will be resolved by binding
arbitration, rather than in court, except that (1) you may assert claims in
small claims court if your claims qualify, so long as the matter remains in
such court and advances only on an individual (non-class, non-representative)
basis; and (2) you or the Company may seek equitable relief in court for
infringement or other misuse of intellectual property rights (such as
trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
This Arbitration Agreement shall apply, without limitation, to all claims that
arose or were asserted before the Effective Date of this Agreement.
CASES HAVE BEEN FILED
AGAINST THE COMPANY—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO
ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU
ELECT NOT TO PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION
WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN
OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE,
AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY
BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING.
IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN
ARBITRATOR.
(b) Arbitration Rules and
Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in
all respects. To begin an arbitration proceeding, you must send a letter
requesting arbitration and describing your claim to our registered agent, General
Counsel, at 901 Market Street, 6th Floor, San Francisco, CA, 94103. The
arbitration will be conducted by JAMS under its rules and pursuant to the terms
of this Agreement. Disputes involving claims and counterclaims under $250,000,
not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most
current version of the Streamlined Arbitration Rules and procedures available
at http://www.jamsadr.com/rules-streamlined-arbitration/;
all other claims shall be subject to JAMS’s most current version of the
Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.
JAMS’s rules are also available at www.jamsadr.com
(under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of
all filing, administration, and arbitration fees will be governed by JAMS’s
rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing,
administrative, hearing and/or other fees and cannot obtain a waiver of fees
from JAMS, the Company will pay them for you. In addition, the Company will
reimburse all such JAMS’s filing, administrative, hearing and/or other fees for
claims with an amount in controversy totaling less than $10,000. If JAMS is not
available to arbitrate, the parties will select an alternative arbitral forum.
You may choose to have the arbitration conducted by telephone, video
conference, based on written submissions, or in person in the country where you
live or at another mutually agreed location.
(c) Arbitrator Powers. The
arbitrator, and not any federal, state, or local court or agency, shall have
exclusive authority to resolve any dispute relating to the interpretation,
applicability, enforceability or formation of this Arbitration Agreement including,
but not limited to any claim that all or any part of this Arbitration Agreement
is void or voidable. The arbitration will decide the rights and liabilities, if
any, of you and the Company. The arbitration proceeding will not be
consolidated with any other matters or joined with any other proceedings or
parties. The arbitrator will have the authority to grant motions dispositive of
all or part of any claim or dispute. The arbitrator will have the authority to
award monetary damages and to grant any non-monetary remedy or relief available
to an individual under applicable law, the arbitral forum’s rules, and this
Agreement (including this Arbitration Agreement). The arbitrator will issue a
written statement of decision describing the essential findings and conclusions
on which any award (or decision not to render an award) is based, including the
calculation of any damages awarded. The arbitrator shall follow the applicable
law. The arbitrator has the same authority to award relief on an individual basis
that a judge in a court of law would have. The arbitrator’s decision is final
and binding on you and the Company.
(d) Waiver of Jury Trial.
YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN
COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead
electing to have claims and disputes resolved by arbitration, except as specified
in section 12(a) above. There is no judge or jury in arbitration, and court
review of an arbitration award is limited.
(e) Waiver of Class or
Consolidated Actions. YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE
CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE,
OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION
AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.
CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED
JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however,
this waiver of class or consolidated actions is deemed invalid or unenforceable
with respect to a particular claim or dispute, neither you nor the Company is
entitled to arbitration of such claim or dispute. Instead, all such claims and
disputes will then be resolved in a court as set forth in Section 13.
(f) Opt Out. You may opt out
of this Arbitration Agreement. If you do so, neither you nor the Company can
force the other to arbitrate as a result of this Agreement. To opt out, you
must notify the Company in writing no later than 30 days after first becoming
subject to this Arbitration Agreement. Your notice must include your name and
address, your Emr4doctors username (if any), the email address you used to set
up your Emr4doctors account (if you have one), and a CLEAR statement that you
want to opt out of this Arbitration Agreement. You must send your opt-out
notice to: [email protected]. If you opt out of this Arbitration
Agreement, all other parts of this Agreement will continue to apply to you.
Opting out of this Arbitration Agreement has no effect on any other arbitration
agreements that you may have entered into with us or may enter into in the
future with us. NOTWITHSTANDING ANYTHING TO THE CONTARY HEREIN, NOTHING IN THIS
AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S)
BETWEEN YOU AND THE COMPANY RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT
CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT
GOVERNING YOUR SERVICES AS A CLIENT. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CLIENT,
OPTING-OUT OF THE ARBITIRATION AGREEMENT SET FORTH IN THIS SECTION 12 HAS NO
AFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPEDENT
CONTRACTOR AGREEMENT WITH THE COMPANY.
(g) Survival. This
Arbitration Agreement will survive any termination of your relationship with
the Company.
(h) Modification.
Notwithstanding any provision in the Agreement to the contrary, we agree that
if the Company makes any future material change to this Arbitration Agreement,
it will not apply to any individual claim(s) that you had already provided notice
of to the Company.
13. Exclusive Venue
To the extent the parties
are permitted under this Agreement to initiate litigation in a court, both you
and the Company agree that all claims and disputes arising out of or relating
to the Agreement will be litigated exclusively in the state or federal courts
located in Santa Clara County if you are a California citizen or resident, and
in the United States District Court for the District in which you reside if you
are not a California citizen or resident.
14. Termination
At its sole discretion, the
Company may modify or discontinue the Software or Service, or may modify,
suspend or terminate your access to the Software or the Services, for any
reason, with or without notice to you and without liability to you or any third
party. In addition to suspending or terminating your access to the Software or
the Service, the Company reserves the right to take appropriate legal action,
including without limitation pursuing civil, criminal or injunctive redress.
Even after your right to use the Software or the Services is terminated, this
Agreement will remain enforceable against you. All provisions which by their
nature should survive to give effect to those provisions shall survive the
termination of this Agreement.
15. Procedure for Making
Claims of Copyright Infringement.
It is the Company’s policy
to terminate membership privileges of any User who repeatedly infringes
copyright upon prompt notification to the Company by the copyright owner or the
copyright owner’s legal agent. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Website or the Services in a
way that constitutes copyright infringement, please provide our Copyright Agent
with the following information: (a) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; (b)
a description of the copyrighted work that you claim has been infringed; (c) a
description of the location on the Website or in the Services of the material
that you claim is infringing; (d) your address, telephone number and e-mail
address; (e) a written statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent or the
law; and (f) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf. Contact information for the
Company’s Copyright Agent for notice of claims of copyright infringement is as
follows: General Counsel, Door Dash, Inc., 901 Market St, 6th Floor, San
Francisco, CA 94103.
16. General
(a) No Joint Venture or
Partnership. No joint venture, partnership, employment, or agency relationship
exists between you, the Company or any third party provider as a result of this
Agreement or use of the Software or Services.
(b) Choice of Law. This
Agreement is governed by the laws of the State of Delaware consistent with the
Federal Arbitration Act, without giving effect to any principles that provide
for the application of the law of any other jurisdiction.
(c) Severability. Except as
otherwise provided herein, if any provision of this Agreement is found to be
invalid, the invalidity of such provision shall not affect the validity of the
remaining provisions of this Agreement, which shall remain in full force and
effect.
(d) Consumer Complaints. In
accordance with California Civil Code § 1789.3, you may report complaints to
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by contacting them in writing at 400
R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
(e) Accessing and
Downloading the Application from iTunes. The following applies to any
Application accessed through or downloaded from the Apple App Store (an “App
Store Sourced Application”):
(1) You acknowledge and
agree that (i) the Agreement is concluded between you and the Company only, and
not Apple, and (ii) the Company, not Apple, is solely responsible for the App
Store Sourced Application and content thereof. Your use of the App Store
Sourced Application must comply with the App Store Terms of Service.
(2) You acknowledge that
Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the App Store Sourced Application.
(3) In the event of any
failure of the App Store Sourced Application to conform to any applicable
warranty, you may notify Apple, and Apple will refund the purchase price, if
any, for the App Store Sourced Application to you and to the fullest extent permitted
by law, Apple will have no other warranty obligation whatsoever with respect to
the App Store Sourced Application. As between the Company and Apple, any other
claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be the sole responsibility of the
Company.
(4) You and the Company
acknowledge that, as between the Company and Apple, Apple is not responsible
for addressing any claims you have or any claims of any third party relating to
the App Store Sourced Application or your possession and use of the App Store
Sourced Application, including, but not limited to: (i) product liability
claims; (ii) any claim that the App Store Sourced Application fails to conform
to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation.
(5) You and the Company
acknowledge that, in the event of any third-party claim that the App Store
Sourced Application or your possession and use of that App Store Sourced
Application infringes that third party’s intellectual property rights, as
between the Company and Apple, the Company, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim to the extent required by the
Terms.
(6) You and the Company
acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party
beneficiaries of the Terms as related to your license of the App Store Sourced
Application, and that, upon your acceptance of the terms and conditions of the
Terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce the Terms as related to your license of the App Store Sourced
Application against you as a third-party beneficiary thereof.
(7) Without limiting any
other terms of the Terms, you must comply with all applicable third-party terms
of agreement when using the App Store Sourced Application.
(f) Notice. Where the
Company requires that you provide an e-mail address, you are responsible for
providing the Company with your most current e-mail address. In the event that
the last e-mail address you provided to the Company is not valid, or for any
reason is not capable of delivering to you any notices required or permitted by
this Agreement, the Company’s dispatch of the e-mail containing such notice
will nonetheless constitute effective notice. You may give notice to the
Company at the following e-mail address: [email protected]. Such notice
shall be deemed given on the next business day after such e-mail is actually
received by the Company.
(g) Electronic
Communications. For contractual purposes, you (1) consent to receive
communications from the Company in an electronic form; and (2) agree that all
terms and conditions, agreements, notices, disclosures, and other
communications that the Company provides to you electronically satisfy any
legal requirement that such communications would satisfy if they were in
writing. This subparagraph does not affect your statutory rights.
(h) Entire Agreement. This
Agreement is the final, complete and exclusive agreement of the parties with
respect to the subject matter hereof and supersedes and merges all prior
discussions between the parties with respect to such subject matter. However,
nothing in this Agreement shall supersede, amend, or modify the terms of any
separate agreement(s) between you and the Company relating to your work as an
employee or independent contractor, including, without limitation, any
Independent Contractor Agreement.
17. Contact Information
We welcome your questions or
comments regarding the Terms:
Www.emr4doctors.com.
800-758-9539
COMMUNICATING WITH YOU
TELEPHONE CALLS AND TEXT MESSAGES REGARDING YOUR ACCOUNT. You agree that we may monitor and/or record any of your phone conversations with any of our representatives. We may use automated telephone dialing, text messaging systems and electronic mail to provide messages to you about payment due dates, missed payments, options to amend your Agreement with us and other important information. The telephone messages are played by a machine automatically when the telephone is answered, whether answered by you or someone else. These messages may also be recorded by your answering machine. You understand that the text messages we send may be seen by anyone with access to your phone. Accordingly, you should take steps to safeguard your phone and your text messages if you want them to remain private. NO CONFIDENTIAL INFORMATION SHOULD BE SENT VIA TEXT MESSAGE. By providing us with your cell or mobile telephone number, you authorize us to contact you from time to time regarding your application and Account at that number using text messages. Standard text messaging and/or calling charges by your communications carrier may apply. You may withdraw your consent at any time.
HOW TO UPDATE YOUR RECORDS. Notify us immediately if you change mobile or cell phone numbers or plan to give your phone to someone else. It is your responsibility to provide us with a true, accurate and complete mobile number and to maintain and update promptly any changes in this information. You can update your email to [email protected] You further agree to indemnify, defend and hold us, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement. SMS Notifications are provided for your convenience only.
ADVERTISING OR TELEMARKETING TEXT MESSAGES AND TELEPHONE CALLS.
OPTIONAL: By checking this box, you consent to our sending you advertising and telemarketing text messages to the mobile phone number you have provided below. You also consent to our making advertising or telemarketing calls to you at your mobile phone number using automatic telephone dialing system or an artificial or prerecorded voice.
The checking of the box above will be deemed to be your signature acknowledging your consent to receive advertising and telemarketing Autodialed, Text Messages, Robocalls/Robotexts and telephone calls as described above to your mobile phone at 3025821687. We will send you a text message to that number confirming your optin to this agreement.
To receive SMS notifications you will need: (1) a SMS capable phone; (2) an active mobile phone account with a communication service provider that offers SMS services; and (3) sufficient storage capacity on your mobile phone.
You are not required to consent to advertising or telemarketing Text Messages or calls to obtain credit or other services from us. At any time, you may withdraw your consent to receive advertising or marketing Text Messages or marketing calls to the mobile number provided by replying STOP to any text message we send you, or by
Emailing us at [email protected]
You understand that any Text Messages we send you may be accessed by anyone with access to your Text Messages; and your mobile phone service provider may charge you fees for Text Messages that we send you, and you agree that we shall have no liability for the cost of any Text Messages.
Notify us immediately if you change mobile or cell phone numbers or plan to give your phone to someone else. You further agree to indemnify, defend and hold us, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement. SMS Notifications are provided for your convenience only.
OPTOUT or STOP. This policy applies to the text messages sent by Account Till Payday to our customers while and after they use our product. If you wish to stop receiving advertising and marketing text messages from us, reply to any text message we have sent you and in the reply text simply type STOP. If you wish to stop receiving all text messages from us, including those with information about payment due dates or missed payments, type STOP
ALL in the reply text you send us. Any withdrawal of your consent to send text messages will be effective in one day.
HELP OR SUPPORT. If at any time you need our contact information or information on how to stop text messages, reply to any text we sent you and in the reply simply type HELP. Upon receiving your text message we will send you a text with this information. We will send you no more than 2 advertising or telemarketing text messages or calls each week. In general, the messages we send to you provide you with information about your account, ways to reduce your payments and, if you checked the box above, potential offers, promotions, coupons and other marketing material. Some of the text messages we send you may include links to other websites. To access these websites you will need a web browser and internet access.
We may modify or terminate its SMS or text messaging services from time to time, for any reason and without notice, including the right to terminate SMS or text messaging with or without notice, without liability to you, any other user or any third party. We reserve the right to modify this SMS Disclosure from time to time without notice. It is your obligation to review the SMS Disclosure from time to time so that you are aware of any changes.