Doc$! Terms of Use
1. No Recommendations or Medical Advice
Doc$! is neither a referral service nor a review site and does not recommend or endorse any particular Healthcare Provider. Rather,
Doc$! is only an intermediary that hosts
user-created information about Healthcare Providers. We do not offer advice regarding the quality or suitability of any particular Healthcare Provider
for specific treatments or health conditions, and no information on this Site should be construed as health or medical advice. The Healthcare Provider
information consists of users’ pricing and billing experiences and not recommendations to utilize the services of any specific Healthcare Provider. You
should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider.
You assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider
on or through this Site.
Doc$! and its directors, officers, agents, and representatives assume no (and hereby disclaim all) responsibility or liability of
any kind, for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise
directly or indirectly from any such advice, treatment or other services.
2. License
Upon your User Agreement Acceptance,
Doc$! grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Site and the
Site Materials, and to copy, download, store and/or print only a single copy of any Site Materials, solely for your non-commercial, personal use and not for
resale, disclosure or distribution to anyone else. With respect to any permitted copy of the Site Materials, you will reproduce and include all copyright,
confidentiality and other proprietary notices included in such Site Materials on any such copy. All rights not expressly granted to you herein are reserved
by
Doc$!; there are no implied licenses under this Agreement. The license granted to you in this User Agreement is expressly conditioned on your continued
compliance with this User Agreement. Please note that
Doc$!, in its sole discretion, may change this User Agreement from time to time and your continued
access, use or browsing of this Site or any Site Materials after any such change takes effect will be deemed to constitute your acceptance of and agreement
to the changed User Agreement.
3. Confidentiality Cannot be Guaranteed
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. Please be
advised that the confidentiality of any communication or material transmitted to
Doc$! via www.docxcost.com or Internet electronic mail cannot be guaranteed,
including personal information such as your registration and logon. To ensure privacy and confidentiality, you may elect to guard your identity by use of a
“fictional” username that you create. You are of course free to use your actual identity as your username. You may also contact
Doc$! By mail at DocxHealth, Inc.,
P.O. Box 101, Memphis, TN 38117, Attn: Web Protection Team.
Doc$! has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized
person shall have access to your
Doc$! passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen
name and passwords; (2) authorize, monitor, and control access to and use of your
Doc$! account and password; (3) promptly inform
Doc$! if you believe your
account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links
located on every page of our site. You grant
Doc$! and all other persons or entities involved in the operation of the Site the right to transmit, monitor,
retrieve, store, and use your information in connection with the operation of the Site.
Doc$! cannot and does not assume any responsibility or liability for any
information you submit, or your or third parties' use or misuse of information transmitted or received using
Doc$! tools and services.
4. Privacy Statement
Doc$! has a Privacy Statement disclosing what information we collect from our visitors, how we use such information, the steps we take to secure such information,
how you can view and correct such information, and how you can decline to have information about you collected or used.
5. Advertisements and Links to Other Sites
This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are
maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices
of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products
and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or
affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be
aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.
6. Submissions - Rules and Permission to Use
Any and all materials (other than information given in connection with registration, which shall be treated as set forth in other provisions of this User
Agreement) are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further
obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your
Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use,
reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the
Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral
right of any kind with respect to any Submissions.
You represent and warrant to
Doc$! that:
- • you own, or are otherwise lawfully authorized to use, all Submissions and portions thereof that you transmit to or through this Site;
- • any Submissions submitted by you will not contain any of the following material (the “Proscribed Material”):
-
- • material that is false, factually inaccurate or misleading;
- • material that is defamatory, libelous, deceptive or fraudulent;
- • material that violates any U.S. or foreign law or regulation, including without limitation any law or regulation governing advertising or testimonials;
-
• material that discriminates against, ridicules, harasses or disparages an individual or group for any reason, or on the basis of race, religion, national
origin, gender, sexual orientation, marital status, age, disability or any other status that Doc$! deems inappropriate for the Site;
- • material that violates any person’s privacy right;
- • material that infringes or violates any person’s copyright, trademark or other intellectual property right;
- • material that is obscene or derogatory; and
- • material that promotes violence, firearms, ammunition or weapons designed to inflict serious bodily harm;
- • material that Doc$! deems, in its sole discretion, objectionable or inappropriate for the Site; and
-
• Doc$! use of any Submission, as permitted under this User Agreement, does not and will not violate any U.S. or foreign law or regulation, including without
limitation any law related to advertising or testimonials, any law concerning defamation, libel and privacy, and any copyright, trademark or other intellectual
property law, and will not cause injury to any person or entity.
-
• You understand and agree that inclusion of any Submissions on the Site is not, and shall not be, an endorsement of any cause, idea, website, interest,
products or services.
7. Site Monitoring
We reserve the right to view, monitor and record activity on this Site without notice to or permission from you. We may disclose any records, electronic
communications, information, materials or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires
it; (b) if such disclosure is necessary or appropriate to operate this Site; or (c) to protect our rights or property or the rights or property of our users and
business partners. However, we are not responsible for screening, policing, editing or monitoring this Site. We are committed to complying with all applicable
U.S. and foreign laws and regulations, including without limitation copyright and related laws, and expect all Users of this Site to comply with all applicable
laws and regulations as well. Using this Site to transmit any Proscribed Materials is expressly prohibited under the User Agreement.
Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital
Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.
Doc$! does not, and will not, make any legal decisions about the validity of your
claim of infringement or the possible defenses to a claim. If it comes to our attention, we discover or we are notified of an allegation that this Site or a
Submission contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether
to remove or request the removal of the same from this Site. Notices to us regarding any alleged violation of this User Agreement or copyright infringement on
this Site should be directed to
Doc$! at the following e-mail address: useragreement@docshealth.com.
8. Indemnity
You agree to defend, indemnify, and hold
Doc$!, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims,
actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:
(a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and
Conditions. Further, you acknowledge that
Doc$! does not catalog, publish or otherwise
provide medical billing (CPT) codes and that your use of codes on this site is from your own Provider bills, EOBs or other personal records.
9. Governing Law and Selection of Venue
Regardless of the jurisdiction in which you work or reside, this User Agreement is made in the State of Tennessee, and will be construed and enforced in
accordance with Tennessee law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in
Tennessee, and except and to the extent that the Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule applies to any health-related
information you provide to
Doc$! (in which case such HIPAA Privacy Rule governs), the privacy laws of the State of Tennessee will govern.
ANY ACTION ARISING OUT OF THE CONTENT OF THIS SITE, YOUR USE OF THE SITE MATERIALS OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY SITE
MATERIALS OR USE OF ANY DOCS! MARKS, OR ANY ACTION TO ENFORCE THIS USER AGREEMENT WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS PRESIDING IN MEMPHIS,
TENNESSEE, U.S.A., AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS SITE IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE
ANY AND ALL DISPUTES PERTAINING TO THIS SITE IN THE FEDERAL AND STATE COURTS OF TENNESSEE, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS SITE.
This Site is controlled and operated by
Doc$! from its offices within the United States. We make no representation that this Site or the Site Materials are
appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal
is prohibited. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are
responsible for compliance with applicable local laws.
10. Corrections and Changes
The site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that the Site
may be interrupted, suspended and terminated from time to time. While we endeavor to keep the materials on the Site up to date,
Doc$! cannot assume responsibility
for any errors or omissions in these materials.
Doc$! further does not warrant the accuracy or completeness of the information, text, graphics, links or other
items contained within these materials.
Doc$! may make changes to these materials at any time without notice, and makes no commitment to update the information
contained herein.
Doc$! reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason
whatever.