Terms & Conditions
Notwithstanding the foregoing, however, you may not accept any of these Terms if: (i) you are not of legal age to form a binding contract with DocASAP; (ii) you are under the age of 18 (regardless of your legal status); (iii) you do not have the requisite power and authority to enter into these Terms; (iv) you are a competitor of DocASAP or we have previously banned you from using the Site and/or the Services or terminated your account; or (v) you are otherwise barred from entering into an agreement with DocASAP under the laws of the country, state or territory in which you reside.
1. SERVICES. The Services provided by DocASAP enable you to [use the Site to select medical providers and book medical appointments] (collectively, the "Services"). In addition, DocASAP may, but is not obligated to, offer paid upgrades, premium services and/or paid/subscription services. In the event that such paid upgrades or services are offered, the terms by which such are offered (including prices) will be provided in connection with your registration and/or authorization for such services and such shall be automatically incorporated herein by reference. YOU ACKNOWLEDGE AND AGREE THAT, AS FURTHER SPECIFIED HEREIN, DOCASAP DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE STIE AND/OR THE SERVICES. Any Services, as well as the Site, can be modified, replaced or terminated at any time in DocASAP’s sole discretion, for any reason or no reason, and without notice to you.
AS FURTHER SPECIFIED HEREIN, DOCASAP MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE MEDICAL PROVIDERS LISTED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY SUCH PROVIDER’S ABILITIES, QUALIFICATIONS, EDUCATION, OR LICENSING. YOU ARE STRONGLY ADVISED TO PERFORM YOUR OWN INVESTIGATION PRIOR TO SELECTING A HEALTHCARE PROVIDER EITHER BY CONTACTING THE PROVIDER DIRECTLY OR BY CONTACTING THE APPROPRIATE LICENSING AUTHORITIES TO VERIFY EACH LISTED PROVIDER’S CREDENTIALS AND EDUCATION.
Definitions. "Content" means any text, images, photos, video, location data, layouts, graphics, user interfaces, logo designs, sounds, music, artwork, computer code, and all other forms of data or communication without limitation, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content. "User-Generated Content" shall mean any Content making up, or submitted or transmitted to, through or in connection with, the Site and/or the Services by a DocASAP user, including but not limited to all medical information submitted to the Site by a DocASAP user. "DocASAP Content" shall mean all Content making up, or submitted or transmitted to, through or in connection with, the Site and/or the Services other than User-Generated Content.
DocASAP Content. As between you and DocASAP, all DocASAP Content, including all intellectual property rights therein, is owned by DocASAP. Furthermore, the DocASAP Content is subject to a variety of legal protections, including copyright, trademark, trade dress, patent and/or contract, with all applicable rights being hereby reserved. Nothing in these Terms is intended to or shall convey to you any right or license in or to any DocASAP Content, unless specifically provided for herein.
User-Generated Content. By contributing or submitting any User-Generated Content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner. In addition, you warrant that all rights that you may have in such User-Generated Content have been voluntarily waived by you. None of such User-Generated Content shall be subject to any obligation of confidence on the part of DocASAP. DocASAP reserves the right to change, condense or delete any Content, including User-Generated Content, on the Site that DocASAP deems, in its sole discretion, to violate the Content guidelines or any other provision of these Terms.
6. YOUR RESPONSIBILITIES. IN CONTRIBUTING OR SUBMITTING ANY USER-GENERATED CONTENT TO THE SITE, YOU AGREE NOT TO USE A FALSE OR MISLEADING EMAIL ADDRESS, IMPERSONATE ANY PERSON OR ENTITY, OR OTHERWISE PROVIDE ANY MISLEADING INFORMATION AS TO THE ORIGIN OF ANY CONTENT THAT YOU SUBMIT. YOU SHOULD ALSO NOTE YOUR OBLIGATIONS TO INDEMNIFY DOCASAP (AMONG OTHERS) FOR THE CONTENT YOU SUBMIT AS SET FORTH IN THE INDEMNIFICATION SECTION BELOW.
You hereby agree that you shall not post or provide any Content or information to or for the Site:
- That is false, inaccurate or misleading;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
- That is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- That constitutes PII about any person or party (other than your own PII which is required in order to enable you to utilize the Services); or
- For which you were compensated or granted any consideration by any third party:
- That seeks to obtain a commercial advantage;
- That includes any information that references other websites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or
- That contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.
Furthermore, in connection with your use of the Site and/or the Services, you hereby agree:
- To comply with all applicable local, state, federal, and national laws, statutes, ordinances and regulations;
- Not to violate these Terms;
- Not to use any device to interfere or attempt to interfere with the proper working of the Site or any transactions being conducted through the Site;
- Not to take any action that imposes an unreasonable or disproportionately large load on DocASAP's computer systems or communications infrastructure;
- Not to use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the Content contained therein without DocASAP's prior written consent;
- To refrain from: (i) reproducing, duplicating, disseminating, copying, selling, reselling or trading in any materials or information obtained from DocASAP without express, written permission; (ii) removing, obscuring, or altering any legal notices, author attributions, or other proprietary rights designations (including, without limitation, copyright and trademark notices) that may be affixed to or contained within such materials or that appears on any portion of the Site or on any materials printed or copied from the Site;
- Not to threaten, stalk, harm, harass, defame, or abuse others, or promote bigotry or discrimination, or otherwise violate or infringe upon the legal rights of others (including rights of privacy, breaches of confidence, and/or intellectual property or proprietary rights, including but not limited to any copyrights, trademarks, patents, trade secrets, moral rights, rights of publicity);
- Not to make use of any trademark, service mark or trade name of any company or organization (including the term "DocASAP") in a manner likely to cause confusion as to the source, sponsorship or affiliation of such mark or name, or that is in any way contrary to its then-current brand use guidelines;
- Not to falsely represent that you are, or that you represent, another individual or entity;
- Not to solicit personal information from minors, or submit or transmit pornography;
- Not to attempt to gain unauthorized access to the Site or any Service, or to another system or network connected thereto or interfacing therewith, by hacking, cracking, phishing, password mining, social engineering or other illegitimate means;
- Not to reverse engineer any portion of the Site;
- Not to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or the DocASAP Content (other than your User-Generated Content), unless expressly authorized in writing by DocASAP;
- Not to use the Site or any Service to send altered, deceptive or false source-identifying information, such as to forge TCP/IP packets or email headers;
- Not to download, save, store or mirror copies of any materials or information displayed on or accessible via the Site or any Service without DocASAP's prior written consent except: (i) for those situations where it is clearly indicated that an item is specifically intended for downloading and you have permission to do so; and/or (ii) where a transitory copy of the HTML code, scripts, video files, audio files images and other items displayed on or accessible via a particular Service is loaded and used for basic viewing and navigation purposes;
- Not to circumvent, disable or modify any such mechanisms, security or access-control mechanisms of the Site or any Service that permit digital materials to be readily identified and/or protected from copying or dissemination, or encourage or assist others in doing so;
- Not to record, process, or mine information about other users; and
- Not to manipulate, display or access any materials or information found on or accessible via the Site or any Services using "framing," "deep linking" or similar techniques that bypass or circumnavigate the intended architecture or layout thereof.
7. ADVERTISING; OBJECTIONABLE MATERIAL.
Advertising: DocASAP or its licensees may publicly display third party advertisements and other information adjacent to or included with your User-Generated Content (including on the Site and in any emails sent to you in connection with the Services), and the manner, mode and extent of such advertising shall be determined in DocASAP's sole discretion. You acknowledge that you are not entitled to any compensation for such advertisements and hereby consent to the placement, targeting and display of such advertising as partial consideration for your use of the Services.
Objectionable Materials: When using one or more Services you may be exposed to materials or information that could have factual inaccuracies or omissions, or that you may consider offensive, indecent, objectionable or inappropriate. You take all risk related to such exposure and agree that DocASAP shall in no way be liable or responsible for such exposure.
8. REVIEWS SUBMISSION. You will have the opportunity to submit feedback regarding your experiences with doctors, dentists and/or other medical providers (each a "Medical Provider") who are featured on the Site. It is important that you act responsibly when providing this feedback. Please give clear, honest information about the Medical Provider and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments.
We reserve the right to remove feedback for any reason. We are not, however, responsible for any failure or delay in removing feedback. Keep in mind that the feedback of others is simply their opinion and you should not be relied on and that it does not reflect the thoughts or opinions of DocASAP. The reviews that you submit regarding your experiences with a Medical Provider are subject to the following conditions:
- You may submit a Medical Provider review (each a "Review") only in good faith and about a Medical Provider that you have actually received medical services from, limited to where you have (i) received medical attention, (ii) the services were paid for, and (iii) you can provide proof of payment if requested.
- You may only describe your experience with the Medical Provider for which you are writing a Review. You should not review any Medical Provider regarding situations or services that are not controlled or performed by the Medical Provider you are reviewing.
- You may submit no more than one Review of a particular Medical Provider in any thirty (30) day period.
- Any Review that you submit is subject to the conditions and restrictions described in the Content section above.
- You acknowledge and agree that DocASAP may, in its sole discretion, post only the first Review it receives from a user (which may not be your review) that is related, in DocASAP’s sole determination, to a specific listing error by a Medical Provider, such as, but not limited to, an error in the listed appointment times for such Medical Provider.
- DocASAP will prohibit or immediately remove any Review that it determines, in its sole discretion, violates any requirements of these Terms or the Member Agreement . DocASAP will not edit or modify the contents of a Review; it will only prohibit or remove a Review in accordance with the foregoing requirements and the other requirements of these Terms.
9. ELIGIBILITY REQUIREMENT. In order to register with DocASAP, provide any personal information to DocASAP, use the Services, or otherwise submit personal information through the Site or the Services, you must be at least 13 years of age. You may only use the Services and/or the Site if you can form a binding contract with DocASAP and are not legally prohibited from using the Services. Thus, if you are between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use the Site or Services ONLY under the supervision and guidance of your parent or guardian who has agreed to these Terms on your behalf.
Membership in the Services is void where prohibited by applicable law, and the right to access the Site or the Services is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and that you will abide by all of the terms and conditions set forth herein. The appointment scheduling through DocASAP Site is administered in the United States only and is intended for United States users only.
10. LICENSE AND SITE ACCESS. DocASAP grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Site or its Content; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of DocASAP.
Any unauthorized use of the Site and/or the Services can lead to your prohibition from the Site and potentially civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray DocASAP in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any logo or other proprietary graphic or trademark belonging to DocASAP, or any of its subsidiaries, affiliates, doctors, or other partners, as part of a link to the Site without first obtaining the express prior written consent of DocASAP. DocASAP does not guarantee continuous, uninterrupted or secure access to its Services or the Site, and you acknowledge that the operation of the Site may be interfered with by numerous factors outside of or within DocASAP's control.
11. OTHER BUSINESSES AND LINKS TO OTHER SITES. DocASAP may provide links to the sites of Medical Providers, affiliated companies, partners and other third parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by DocASAP of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. DocASAP is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way for, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. Your use of any third party information or websites is at your own risk, and you should carefully review their privacy statements and other conditions of use.
YOU ACKNOWLEDGE AND AGREE THAT DOCASAP HAS NO CONTROL OVER THE BUSINESS PRACTICES OF ANY THIRD-PARTY DOCTOR OR ADVERTISER, NOR DOES IT CONTROL IN ANY WAY THE QUALITY, SAFETY OR LEGALITY OF ANY SERVICE PROVIDED THROUGH AN ENTITY LISTED ON THE SITE OR ANY BUSINESS TRANSACTION THAT OCCURS AS A RESULT OF PRODUCTS OR SERVICES LISTED ON THE SITE.
THE SITE AND THE SERVICES, ALONG WITH ANY MATERIALS OR INFORMATION OBTAINED FROM DOCASAP, ARE TO BE CONSIDERED "AS IS" AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. FURTHER, WHILE DOCASAP MAKES EVERY EFFORT TO ENSURE THE ACCURACY AND RELIABILITY OF ITS CONTENT, WE BEAR NO RESPONSIBILTY FOR ANY LOSS, COST OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY INACCURACIES, ERRORS OR OMISSIONS OR OBJECTIONABLE CONTENT CONTAINED THEREIN. DOCASAP ALSO DOES NOT AND CANNOT GUARANTEE THAT THE SITE, ITS SERVERS, E-MAILS SENT FROM DOCASAP, OR ANY OTHER MATERIALS PROVIDED BY DOCASAP WILL BE FREE OF VIRUSES, SPYWARE, MALWARE OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREFROM IS SOLELY AT YOUR OWN RISK. DOCASAP DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS EITHER WITHIN OR OUTSIDE OF DOCASAP'S CONTROL, AND DOCASAP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OF THE FOREGOING.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE AND/OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOCASAP MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES, INCLUDING BUT NOT LIMITED TO, THE PROVISION OF ANY MEDICAL SERVICES, PROVIDED BY OR REVIEWED ON THE SITE OR ATTAINED AS A RESULT OF USING THE SITE AND/OR THE SERVICES.
DISCLAIMERS REGARDING THE PROVISION OF MEDICAL ADVICE.
DOCASAP IS NOT A PROVIDER OF MEDICAL SERVICES AND DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT OR ADVICE. NOTHING CONTAINED ON THE SITE OR THROUGH THE SERVICES IS INTENDED TO CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE OR TO OTHERWISE CREATE A PATIENT–MEDICAL PROVIDER RELATIONSHIP BETWEEN DOCASAP AND YOU. THE INFORMATION PROVIDED ON THE SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR PERSONAL PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL SYMPTOMS OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IF YOU NEED OR HAVE ANY REASON TO BELIEVE THAT YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, YOU ARE DIRECTED NOT TO USE THE SERVICES OR THE SITE BUT INSTEAD TO CALL 911 OR GO TO THE NEAREST HOSPITAL.
DOCASAP DISCLAIMS ANY RESPONSIBILITY FOR, OR LIABILITY RELATED TO, THE USE OF THE SITE AND/OR THE SERVICES AND ANY ADVICE RECEIVED IN CONNECTION THEREWITH. ANY QUESTIONS, COMPLAINTS OR CLAIMS SHOULD BE DIRECTED TO THE APPROPRIATE MEDICAL PROVIDER.
DOCASAP DOES NOT WARRANT THAT DOCTOR DESCRIPTIONS, QUALIFICATIONS, EDUCATION, EXPERTISE OR LICENSING, OR THAT ANY APPOINTMENTS, INFORMATION, EDITORIAL COMMENTARY OR ANY OTHER CONTENT OF THE SITE, REGARDLESS OF ITS SOURCE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SITE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT BY DOCASAP OF ANY MEDICAL PROVIDER, SERVICE, PROCEDURE OR ANY REVIEWS OR COMMENTS THEREOF, REGARDLESS OF THE SOURCE OF SUCH REVIEW OR COMMENT. DOCASAP ASSUMES NO LIABILITY FOR INACCURACY OR INCOMPLETENESS IN ITS SEARCH RESULTS, EDITORIAL CONTENT, USER REVIEWS OR OTHER CONTENT ON THE SITE.
DOCASAP MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION CONTAINED OR PROVIDED THROUGH THE SITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE PROFESSIONAL QUALIFICATIONS, QUALITY, EXPERTISE, EDUCATION, CERTIFICATIONS, LICENSING OR SUITABILITY OF ANY OF THE MEDICAL PROVIDERS OR OTHER THIRD PARTIES LISTED AS PART OF THE SERVICES OR THE SITE. IN NO EVENT SHALL DOCASAP BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU OR ANY OTHER PERSON OR PARTY FOR ANY ACTION TAKEN BY YOU OR SUCH THIRD PARTY BASED IN WHOLE OR IN PART ON THE INFORMATION CONTAINED ON THE SITE OR AS PART OF THE SERVICES. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY MEDICAL PROVIDER OR OTHER INDIVIDUAL OR ENTITY DESCRIBED ON THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
LIMITATION OF LIABILITY.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SERVICES. IN NO EVENT WILL DOCASAP BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, MEDICAL MALPRACTICE, NEGLIGENCE OF PROVIDERS UTILIZED THROUGH THE SITE OR THE SERVICES, OR ANY OTHER PECUNIARY LOSS, IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR IN CONNECTION WITH A DISPUTE REGARDING ANY OF THESE TERMS, EVEN IF DOCASAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE ACTION IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
NOTWITHSTANDING THE ABOVE, SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, AND THE FOREGOING MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DOCASAP'S LIABILITY SHALL NONETHELESS BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 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".
IN NO EVENT SHALL DOCASAP’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES AND/OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF REGISTRATION FEES PAID BY YOU TO US, IF ANY, FOR THE SITE OR THE SERVICES OR (B) $50.
RELEASE OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE DOCASAP ENTITIES FROM ANY AND ALL CLAIMS, DAMAGES OR LIABILITY OF ANY KIND WHATSOEVER WITHOUT LIMITATION, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATED TO THE SITE AND/OR THE SERVICES, INCLUDING (I) ANY DISPUTES BETWEEN YOU AND A MEDICAL PROVIDER OR OTHER INDIVIDUAL OR ENTITY LISTED ON THE SITE, AND (II) ANY THIRD PARTY'S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THESE TERMS, AND (III) ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
14. IP OWNERSHIP AND COPYRIGHT INFRINGEMENT. DocASAP disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). DocASAP will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include DocASAP removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to DocASAP regarding matters other than informing DocASAP that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
To provide such a notification, written notice must be submitted to the following designated agent of DocASAP (the "Designated Agent"):
Attn: General Counsel
22025 Avonworth Square
Broadlands, VA 20148
Infringement Notification. To be effective, your infringement notification must include the following:
- (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
- (3) Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DocASAP to locate the material;
- (4) Information reasonably sufficient to permit DocASAP to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- (5) A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
- (6) A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed".
Upon receipt of written notification containing the information outlined in (1) through (6) above:
- DocASAP shall remove or disable access to the Third Party Content that is alleged to be infringing;
- DocASAP shall forward the written notification to the alleged infringer (the "Subscriber"); and
- DocASAP shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
Counter Notification. To be effective, a Counter Notification must be a written communication provided to the Designated Agent that includes substantially the following:
- (1) A physical or electronic signature of the Subscriber;
- (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- (3) A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and
- (4) The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which DocASAP may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information outlined in (1) through (4) above, the DMCA provides that the removed material will be restored or access re-enabled and DocASAP will comply with this requirement within a reasonable time (or as otherwise required by law), provided that the Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on DocASAP's network or system.
15. TERMINATION: These Terms shall continue to have full force and effect unless and until terminated in writing by you or by DocASAP. DocASAP may terminate, suspend or restrict any provision of these Terms at any time in its sole discretion and without notice to you.
16. ACCOUNT TERMINATION: You may request to have your account terminated by sending a written notice to DocASAP at [email protected] Upon receipt of such notice, DocASAP will make all commercially reasonable efforts to remove your User-Generated Content from its systems and/or disable public access to same; however, you acknowledge and agree that, due to the distributed nature of the Internet and digital technology generally, not all such information and materials can be “deleted” in every manner desired (for example, items may persist in cached or backup copies made during the course of day-to-day operations).
18. COMMUNICATIONS FROM DOCASAP. DocASAP may, from time to time, send you pertinent information about the Services or other offerings which may be of interest to you and to them. You consent to receive such communications as part of using the Services. You may “opt-out” of these communications at any time by sending an email to [email protected]; however, note that DocASAP will still send communications that are needed to provide Services to you, such as a response to a password or customer support request and that you cannot opt out of these communications.
21. SURVIVAL. In the event of any termination of your account and these Terms, whether by you or us, any provision of these Terms that logically extends beyond such termination shall continue in full force and effect to the fullest extent necessary to enforce any rights obtained or obligations incurred hereunder.
22. THIRD-PARTY BENEFICIARIES. Nothing contained in these Terms is meant or intended to confer any rights, remedies or benefits upon any third party.
23. USE OF "OPEN-SOURCE" SOFTWARE. From time-to-time, DocASAP may make use of certain “open source” software components or programs in order to provide Services to you. Where applicable, you consent to the use of any such items. You also acknowledge and agree that such components or programs were created by third parties not owned or controlled by DocASAP, and that DocASAP does not, simply by virtue of their use or integration into any Service, make any guarantees or warranties regarding their quality or authenticity.
24. ELECTRONIC SIGNATURES: By using our Services you consent to transact business with DocASAP electronically.
25. ADDRESS FOR NOTICES. Notices to DocASAP (other than as aforementioned for Digital Millennium Copyright Act infringement notices) can be sent to the mailing address below or emailed to [email protected]:
Attn: General Counsel
22025 Avonworth Square
Broadlands, VA 20148
Last Revision Date: July 7, 2014.