Terms Of Use


Effective Date: September 21, 2017

Welcome to the Doc Buddy Inc. (the Company) website. The following terms and conditions, together with any documents referenced below (together, these Terms) govern use of and access to docbuddy.com, any subdomains of that URL owned by the Company (together, the Site), including any content, functionality and services offered on or through the Site or our mobile applications (together, our Services), whether as a guest or a registered user. In the event of a conflict between these Terms, any End User License Agreement between the Company and you (EULA), or any master services agreement (MSA) between the Company and a healthcare institution with whom you are affiliated (Group Sponsor), such conflicts will be controlled by the following order of precedence: first, by reference to the MSA; second, by reference to the EULA, and last, by reference to these Terms.

Please read these Terms carefully before using this Site. By using the Services, you signify your assent to these Terms, to the terms and conditions of the Doc Buddy Privacy Policy, which is published on the Site and incorporated by reference, and to any end user license agreement or master services agreement that may accompany your use of the Service. If you do not agree to these Terms, do not use the Services and please uninstall any mobile applications provided by the Company.

General

The Company may revise, remove, replace, or supplement any part of the Terms in its sole discretion, at any time, and without prior notice to you by updating the Terms. You should therefore review these Terms periodically for changes. The Services are continually under development and changes to the Services may be made at any time. Any changes to the Terms are effective upon posting to our Site. If you disagree with the Terms, your sole remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

The Company is not liable or responsible for the accuracy or completeness of any information provided through the Services. Unless separately agreed upon by the Company and its clients, the Company assumes no liability or responsibility for any damages arising from a visitor's use of, or inability to use, the Services. The contents of the Services are provided as general information only and are not intended as medical or legal advice. THE COMPANY MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE COMPLETENESS, ACCURACY, OR CURRENCY OF THIS INFORMATION OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. Some of the information or material made available through the Services may be affected by current legislative, regulatory, judicial, or other developments that are not reflected here; you should not rely solely on the information provided through the Services, but should confirm that it remains complete and correct before relying upon it.

Accessing the Website and Account Security

We reserve the right to withdraw, upgrade, or amend the Services, as well as any service or material we provide through the Services, in our sole discretion without notice. Unless otherwise agreed between the Company and its clients, we will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to Site visitors, including registered users.

To access the Services or some of the resources available through the Services, you will be asked to provide certain registration details or other information. All the information you provide through the Services must be correct, current, and complete. All information you provide to register, including but not limited to by using any interactive features of the Services, is governed by our Privacy Policy, and you agree that we may use your information in any manner consistent with our Privacy Policy.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our sole opinion, you have violated any provision of these Terms or the terms of any agreement between the Company and a Group Sponsor.

Site Security

We require users to create unique identifiers (such as a username and password) to access many aspects of the Services. We use these unique identifiers to verify a user’s identity and eligibility, as well as to protect our clients from the release of sensitive or personally identifiable information to unauthorized users. To help protect the privacy of data transmitted through the Services, where personally identifiable information is requested, we encrypt the information that you input before it is sent to us. In addition, the Company takes steps to protect data against unauthorized access. However, you should keep in mind that the Services are operated on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.

You must exercise caution, good sense, and sound judgment in using the Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. The Company may investigate any alleged or suspected violations and if a criminal violation is suspected, the Company will cooperate with law enforcement agencies in their investigations.

Profiles

We personalize use of the Services through the creation of one or more profiles under one account.Only the account-holder, and those with permission from a Group Sponsor, may create a profile.

Other Prohibited Activities

In using the Services or any services provided by the Company, you agree not to:

  • Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity, qualifications, or affiliations in any way;
  • Restrict or inhibit any person from using this Site, disclose personal information obtained from this Site, or collect information about other users of the Site;
  • Reverse engineer, disassemble or decompile any section or technology made available through the Services, or attempt to do any of the foregoing;
  • Gain unauthorized access to the Services; to other users’ accounts, names, personally identifiable information or other information; or to other computers, mobile devices, or websites connected or linked to the Services;
  • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Services in a manner that sends more request messages to our servers in each period than a human can reasonably produce in the same period by using a web or mobile browser;
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violate any applicable laws or regulations or these Terms;
  • Use abusive, harassing or threatening language or make abusive, harassing, bullying or threatening communications toward any staff member, any physician, or any other user of the Site;
  • Alter or modify any part of the Materials (as defined below) or features offered through the Services; or
  • Assist or permit any persons in engaging in any of the activities described above.

Any of the foregoing may result in actions including but not limited to termination of your access to the Services.

Our Intellectual Property Rights

The content made available through the Services, including without limitation, any text, software, graphics, photos, sounds, music, videos, audiovisual combinations, patents, interactive features, any trademarks, service marks and logos contained therein and any other materials you may view on, access through, or contribute to the Services (collectively, Materials) are owned by or licensed to the Company, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.

No Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Materials or content.

Modification or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of the Company, or of other entities or persons where so indicated, unless the Company or the owner has provided said Material for such express purpose. Permission for all other uses of Materials available through the Services, including reproducing and distributing multiple copies or using Materials on any other website or networked computer or linking to any secured or private Materials included within the Services must be obtained from the Company or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from the Company should be submitted via an email to support@docbuddy.com. All design rights, databases and compilation and other intellectual property rights associated with the Services, in each case whether registered or unregistered, and related goodwill, are proprietary to the Company.

User Contributions

The Services contain interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons content, data, or materials (collectively, User Contributions) on or through the Services.

Quality

We use various technologies to provide you with an optimal experience when using the Services. That said, the quality of Materials or your User Contributions (together, Content), including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your data service, the speed, security, and bandwidth of third-party services used to store electronic health records used by you or your affiliated healthcare organization (each such service, an EMR), and the devices used, among other factors. HD and 4K Ultra HD availability for certain Materials and User Contributions depends on your internet service and device capabilities. The time it takes you to begin playing or using Materials or User Contributions may vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Materials you have selected, and the configuration of the device you are using. As a result, Doc Buddy is unable to make any warranties about the Materials or User Contributions in these respects.

Integrated Services

We offer multiple Services that provide access to different kinds of features or content stored in EMRs or other third-party services. For example, you or an affiliated healthcare organization may subscribe to features of our Services that permit access to and information exchange with one or more EMRs. If such a subscription permits such data exchange, please be aware of the following:

  • Access to or data exchange with an EMR, if any, will be determined by the vendor of the EMR and the scope of access provided to us by you or your affiliated healthcare organization.
  • Certain Content or features of the Service may be unavailable to you depending upon our access to the EMR, your chosen subscription, or the availability of third-party services that we use to provide you with access to such Content.
  • If the subscription allowing you to access the Services is cancelled or suspended, you may lose access to Content made available to you or created by you, even if your subscription is later renewed or re-activated.
Subscriptions and Billing

While we may, from time to time, offer trial or free access to the Services, we charge fees to access the Services. The Services may include different Content and features, with different benefits, conditions, and limitations. Your access to the Services, upon expiration of a trial period, is subject to payment of our fees by you or by an affiliated healthcare institution. What’s more, if you provide a credit card or other payment method accepted by us (Payment Method) for your subscription, you expressly agree that we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the terms of your subscription, any other fees for additional services that you purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Site and viewing your account details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our system may attempt to verify the information you entered. We may do this by processing an authorization hold, which is a standard practice. We will not charge you in connection with this authorization hold, if any. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on the first day of each calendar month thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, log in on the Site and view your account details.

We automatically bill your Payment Method on the calendar day corresponding to commencement of your subscription and on the first day of each calendar month thereafter, subject to you maintaining your subscription. For subscribers whose monthly subscription starts with a free trial, billing will commence upon the expiration of the free trial and be pro-rated for the remainder of the days in the first calendar month of the subscription. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a Billing Period. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, gift card redemptions, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.

If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, we will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.

We reserve the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If the Company changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where the Company determines it is appropriate (e.g., your access to the Services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at the Company’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Your subscription will continue in effect on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your next renewal date in order to avoid the next billing. We will bill the periodic subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Billing Period - this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging in to your account and following the instructions on your account page on the Site or in the settings of the mobile application. If you pay for the Services through your account with a third party (e.g., Apple iTunes) and want to cancel your subscription or manage your billing, you may need to do so through your account with such third party.

It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

On occasion, we may be authorized to offer free trials to a particular Service for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. The Company reserves the right to determine eligibility for free trials. To view the specific details regarding your free trial, if any, log in on the Site and view your account details.

Once your free trial period ends, we will begin billing your Payment Method for your periodic subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer. For existing subscribers who accept a free trial to a Service, at the end of the free trial, you may be charged a prorated amount for the Service to cover the period between the date the free trial ends and your next Billing Period begins.

It is very important to understand that you will not receive a notice from the Company that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Mountain Time on the last day of your free trial period. You may cancel your subscription at any time as described in these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable aspect of the Services is otherwise suspended or discontinued pursuant to these Terms. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that the Company will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.

Links to Other Websites

As you view the Services, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave our Services. Certain of these linked websites may make use of the Company’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from the Company. The Company is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by the Company of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites or mobile applications.

Third Party Interactions

Your interactions with entities or individuals found on or through the Services or the features provided through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using this Site and disclosing personal information.

You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that the Company is under no obligation to become involved.

Compatible Devices

In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a Compatible Device). Please note that Compatible Devices may vary by Service. For example, certain devices may not be capable of accessing Content from an EMR but may be capable of accessing other Content. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription.

Jurisdictional Issues

The Services are controlled and operated by the Company from the State of Colorado in the United States of America. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents or features of the Services are illegal or penalized is prohibited.

Termination

The Company may terminate your use of the Services or any of our features or services at any time and for any reason without notice for conduct violating these Terms. The Company will terminate a user’s access to the Services and its features and services if, under appropriate circumstances, the user is determined to be a repeat infringer of third party rights or in breach of the Terms. Upon any such termination, subject to applicable laws requiring you to retain such records, you must destroy all Materials obtained from the Services and all copies thereof. The provisions of these Terms concerning security, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold the Company harmless from any and all liability that the Company may incur therefore.

Disclaimer

The Materials through the Services are provided “as is” and without warranties of any kind, either express or implied. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR YOUR EMPLOYER, AFFILIATES, AGENTS, HEALTHCARE GROUP, SPONSOR, OR HEALTH PLAN BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE MATERIALS AVAILABLE THEREFOR, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions of you with, or act or omission of you in relation to patients, your employer, or a healthcare organization arising out of or relating to the Company.

If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (I) YOUR BREACH OF ANY PROVISION OF THESE TERMS, OR (II) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES.

Children

The Services are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Services at any time or in any manner. By using the Services, you affirm that you are over the age of 13. The Company does not seek through the Services to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Other

By choosing to visit or use the Services or otherwise provide information to the Company, you agree that any dispute over your use of the Services will be governed by the laws of the State of Colorado and the United States of America, without regard to principles of conflicts of law. You also consent to the adjudication of any disputes arising in connection with our Services in the state and federal courts located in the City and County of Denver, Colorado. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

If you have any questions or complaints regarding these Terms, please submit your questions or complaints to support@docbuddy.com. The Company will endeavor to respond to you promptly.