dr2doc.com

Healthcare Provider And Facility User Agreement

Last updated: March 24, 2019

I. Introduction and Eligibility

Please read these Terms of Use("Terms") carefully before using the Dr2Doc Health Portal , here referred to as " DR2DOC, OR AS DR2DOC SERVICE, OR AS DR2DOC PORTAL".

These Terms include Dr2Doc's Privacy Policy, which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain the legal jargon and emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly.

Binding Agreement. These Terms constitute a binding agreement between you and Dr2Doc Inc. and its affiliates and subsidiaries ("Dr2Doc," "we," "us"). "You" and "users" shall mean all health service providers and their agents who use the Dr2Doc Service. You accept these Terms by clicking the "I agree" checkbox when you download or install the Dr2Doc Service, when you agree to them using our website at www.dr2doc.com, and each time you access the Dr2Doc Service thereafter. If you do not accept these Terms, you must not use the Dr2Doc Service.

Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Dr2Doc Service after a change to these Terms constitutes your binding acceptance of these Terms.

The terms "post" and "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Dr2Doc Service.

"Health-related information" means all individually identifiable health information, including demographic information and information related to an individual's physical or mental health, the provision of health care to the individual, or the individual's payment for the provision of health care.

"Health service provider" means an entity that provides health-related services.

II. The Dr2Doc Service

The "Dr2Doc Service" is defined as any computer or mobile application or software under Dr2Doc's control, whether partial or otherwise, in connection with providing the services provided by Dr2Doc. The Dr2Doc Service provides a platform to store health-related information to make it available to you and your employees.

Dr2Doc does not give medical advice.

Medical Advice. Dr2Doc does not give medical advice. The Dr2Doc Service may provide helpful information to assist you in medical decision-making. The information and materials available through the Dr2Doc Service are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the Dr2Doc Service. You will be solely responsible for the professional and technical services you provide. In addition, we do not recommend or endorse any provider of health care or health-related products, items, or services.

We do not screen users.

Screening Users. Dr2Doc does not screen its users or verify information communicated through the Dr2Doc Service, though Dr2Doc has the right to monitor such information. Dr2Doc does not have responsibility for the conduct of such users, including the information posted by users. Contact us to notify of us of inappropriate or illegal conduct or content you encounter on the Dr2Doc Service.

You agree to comply with any additional terms required by our third-party vendors and suppliers, as necessary, to use parts of the Dr2Doc Service.

Third-Party Services. Your use of the Dr2Doc Service may include certain third-party software and services or allow you to access additional software and services offered by third-parties. Your use of such software or services may require that you enter into separate subscription, licensing, and/or business associate agreements with such third-party vendors and suppliers. You agree: (i) to comply with and, upon request, execute such agreements as may be required for the use of such software or services; (ii) that Dr2Doc may disclose individually identifiable health information to these third-parties on your behalf.

You may allow employees to use the Dr2Doc Service on your behalf. You may allow patients to use the Dr2Doc Service to pay for your services.

You are responsible for the use and misuse of the Dr2Doc Service by the employees and patients you allow to access the Dr2Doc Service using your account.

No Third-Party Access. Except as required by law and described below, you will not permit any third party to have access to the Dr2Doc Service using your account. You may allow your employees to use the Dr2Doc Service on your behalf in compliance with these Terms. You may also allow patients to make payment for your services through the Dr2Doc Service in compliance with these Terms. You are solely responsible for the use of the Dr2Doc Service by your employees and patients. We have no liability for the consequences to you or your employees or patients from your or their use of the Dr2Doc Service.

Responsibility for Misuse by Other Users of Your Account. You acknowledge that by allowing employees and patients to access the Dr2Doc Service with your account, you are responsible for ensuring such employees and patients use the Dr2Doc Service for the purposes for which they are accessing it. While the Dr2Doc Service has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Dr2Doc Service by any employee or patient to whom you gave access or log-in credentials. You agree that you are responsible for ensuring that health-related information is properly protected under applicable law.

You represent and warrant that you received any necessary consents from individuals before posting their information in the Dr2Doc Service.

Individuals' Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the Dr2Doc Service or initiating any payment transactions.

ndividuals' Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the Dr2Doc Service or initiating any payment transactions.

Exporting Information from the Dr2Doc Service. You are solely responsible for any health-related information exported from the Dr2Doc Service by you or the employees and patients that you allow access from your account. You represent and warrant that you will export and subsequently use protected health information only as permitted by HIPAA and applicable federal and state law.

Transferring Information into the Dr2Doc Service. You may be able to transfer information from your or third-party data sources into the Dr2Doc Service. You represent and warrant that you have all necessary patient authorization for such data transfers and that such data transfers will comply with HIPAA and other applicable federal and state law.

Training and Compliance. You agree to train all employees on the use of the Dr2Doc Service, HIPAA or health privacy obligations, and the requirements of these Terms and ensure that they comply with such requirements.

Compulsory Information Disclosure. You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of the Dr2Doc Service. You will cooperate fully with us in connection with any such demand.

Data Retention. You are responsible for complying with all state and federal laws related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data.

Fees Charged by Third-Party Payment Processors. The Dr2Doc Service uses third parties to process payments, which may include your financial institution. Use of such third-party payment services and financial institutions is subject to their terms and conditions of use. Such third parties may charge fees to process payments, and Dr2Doc is not responsible for them. You are responsible for such fees, and Dr2Doc disclaims all liability with regards to any fees or problems you have with third-party payment processors. For example, you are responsible for any charges or fees that may be imposed by your bank under its terms and conditions as a result of using the Dr2Doc Service.

United States Dollars. All monetary transactions take place in U.S. dollars.

Electronic Payments Report. Dr2Doc may allow you to access reports showing the financial transactions between you and your patients. We rely on third parties for the information we display in the reports, and we are not responsible for their timeliness or accuracy.

III. Protected Health Information Practices

When we maintain or process protected health information, we comply with HIPAA and a business associate we have formed with you.

You agree that our practices with respect to protected health information are governed by the Health Insurance Portability and Accountability Act of 1996, and any amendments and regulations promulgated therefrom ("HIPAA"). By agreeing to these Terms, you also agree to Dr2Doc’s Business Associate Addendum, available here and incorporated by reference into these Terms, unless you or your organization have agreed to a different business associate agreement with Dr2Doc that applies to your use of the Dr2Doc Service.

You agree to use the Dr2Doc Service only as permitted by HIPAA and other applicable data privacy laws.

IV. Account Creation and Secure Credentials

Providers may use employees and office staffs to create Dr2Doc Portal accounts for the many providers in their office. If you create an account on behalf of another health service provider, you agree you have the authority to do so and that you are binding the health service provider.

You are responsible for your log-in credentials and for keeping your account information accurate.

You are responsible for any activity resulting from the use of your log-in credentials on the Dr2Doc Service.

You agree that if you create an account and use the Dr2Doc Service on behalf of a health service provider, you have the necessary legal authority and capacity to do so as an authorized agent of the health service provider. Such health service provider will be the primary account holder. You agree that you have the authority to bind the health service provider in legal agreements and contracts. Your agreement to these Terms also binds such health service provider.

Owner of Account and Health-Related Information. The primary account holder (i.e., health service provider) holds the legal rights to the Dr2Doc Service account and the information posted to the Dr2Doc Service by your business entity.

Accurate Account Information. You represent and warrant that the information you provide to Dr2Doc upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

Verification. You agree that we may take steps to verify your identity and credentials as a health service provider at any time. You agree that we may use and disclose information, including "Confidential Information," about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the Dr2Doc Service at any time if we are unable at any time to determine or verify your qualifications or credentials.

Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the Dr2Doc Service.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Dr2Doc support. You will be solely responsible for the losses incurred by Dr2Doc and others (including patients) due to any unauthorized use of your account that takes place prior to notifying Dr2Doc that your account has been compromised.

V. Communications

Dr2Doc may communicate with you by email or by posting notice on the Dr2Doc Service. You may request that we provide notice of security breaches in writing.

You agree to receive email from us at the email address you provided to us for informational and customer service-related purposes.

Electronic Notices. By using the Dr2Doc Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Dr2Doc Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Dr2Doc Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us.

VI. Dr2Doc's Content Ownership and Use

Dr2Doc owns all of the content we create, but you may use it while you use the Dr2Doc Service. You cannot use our logo without our written permission.

The contents of the Dr2Doc Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Dr2Doc content (collectively, "Dr2Doc Content"). All Dr2Doc Content and the compilation (meaning the collection, arrangement, and assembly) of all Dr2Doc Content are the property of Dr2Doc or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the Dr2Doc Service and the Dr2Doc Content solely for the use of Dr2Doc's services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Dr2Doc Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Dr2Doc Content on any copy you make of the Dr2Doc Content.

Dr2Doc Marks. Dr2Doc, the Dr2Doc logo, and other Dr2Doc logos and product and service names are or may be trademarks of Dr2Doc (the "Dr2Doc Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Dr2Doc Marks.

VII. Confidential Information

"Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include the content you post to the Dr2Doc Service, not including personal and health-related information; Dr2Doc Confidential Information shall include the Dr2Doc Service, customer feedback, and information relating to the performance, reliability, or stability of the Dr2Doc Service, operation of the Dr2Doc Service, know-how, techniques, processes, ideas, algorithms, and software design and architecture; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

Protection of Confidential Information. The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

VIII. Intellectual Property Rights and Your License to Use

You, or the people who allow you to use their content, own all of the content you create using the Dr2Doc Service. We may also modify your content to make it work better on the Dr2Doc Service.

Dr2Doc Claims No Ownership. The Dr2Doc Service may provide you with the ability to create, post, or share content ("Your User Content"). Dr2Doc claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Dr2Doc Service. You are responsible for protecting those rights.

Dr2Doc's Use of Posted Content on the Dr2Doc Service. By creating, posting, or sharing Your User Content on or through the Dr2Doc Service, and subject to Dr2Doc's Privacy Policy, you grant Dr2Doc a license to store transmit, or display Your User Content for health related purposes within the laws of HIPPA. Dr2Doc reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.

You Acquire No Ownership of Others' Content. You understand and agree that you will not obtain, as a result of your use of the Dr2Doc Service, any right, title, or interest in or to such content delivered via the Dr2Doc Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Dr2Doc Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Dr2Doc Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Dr2Doc Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Dr2Doc Service.

The Dr2Doc Service contains content from users and other Dr2Doc licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Dr2Doc Service.

IX. Copyright Policy

Let us know if you think a user has violated your copyright using the Dr2Doc Service, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Dr2Doc Service infringe your copyright, you (or your agent) may send Dr2Doc a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Dr2Doc Service are covered by a single notification, a representative list of such works);

3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Dr2Doc to locate the material on the Dr2Doc Service;

4. Your name, address, telephone number, and email address (if available);

5. A statement that you 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 that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Dr2Doc a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Dr2Doc Service should be sent to Dr2Doc support. Consult your legal advisor and see 17 U.S.C. Section 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

X. Suggestions and Submissions

Do not send us your ideas for a new business or functionality. If you do, we can use them without compensating you.

Dr2Doc appreciates hearing from its users and welcomes your comments regarding the Dr2Doc Service. Please be advised, however, that Dr2Doc does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While Dr2Doc values your feedback on our services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Dr2Doc creative ideas, Dr2Doc shall:

1. own, exclusively, all now known or later discovered rights to the creative ideas;

2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and

3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

4.

XI. User Content Disclaimers, Limitations, and Prohibitions

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users ("User Content"). You accept that any reliance on material posted by other users, vendors, or suppliers will be at your own risk. By using the Dr2Doc Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on the Dr2Doc Service. Dr2Doc does not endorse any, nor is it responsible for, User Content on the Dr2Doc Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

Do not do malicious things with the Dr2Doc Service, try to break it, or steal our hard work.

You agree to use the Dr2Doc Service only for its intended purpose and in an authorized manner. You must use the Dr2Doc Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Dr2Doc Service are prohibited. You may not:

1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Dr2Doc Service, user accounts, or the technology and equipment supporting the Dr2Doc Service;

2. frame or link to the Dr2Doc Service without permission;

3. use data mining, robots, or other data gathering devices on or through the Dr2Doc Service, unless specifically allowed by these Terms;

4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

5. disclose personal information about another person or harass, abuse, or post objectionable material;

6. sell, transfer, or assign any of your rights to use the Dr2Doc Service to a third party without our express written consent;

7. post advertising or marketing links or content, except as specifically allowed by these Terms;

8. use the Dr2Doc Service in an illegal way or to commit an illegal act in relation to the Dr2Doc Service or that otherwise results in fines, penalties, and other liability to Dr2Doc or others; or

9. access the Dr2Doc Service from a jurisdiction where it is illegal or unauthorized.

XII. Consequences of Violating These Terms

If you do not act acceptably, we may refuse to provide the Dr2Doc Service to you.

We reserve the right to suspend or terminate your account and prevent access to the Dr2Doc Service for any reason, at our discretion. We reserve the right to refuse to provide the Dr2Doc Service to you in the future.

We may review and remove any User Content at any time for any reason, including for activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Dr2Doc Service.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Dr2Doc Service.

XIII. Dr2Doc's Liability

We are not liable for anything our users do when using the Dr2Doc Service. We may also change the Dr2Doc Service at any time and are not liable for how this may affect you. We don't guarantee the quality or accuracy of any content you view using the Dr2Doc Service or other websites.

Changes to the Dr2Doc Service. We may change, suspend, or discontinue any aspect of the Dr2Doc Service at any time, including hours of operation or availability of the Dr2Doc Service or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the Dr2Doc Service, including payment processors and speech-to-text providers. We are also not responsible for disputes or disagreements between you and any patient with or for whom you or the patient have used the Dr2Doc Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Dr2Doc of all claims, demands, and damages in disputes among users of the Dr2Doc Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Dr2Doc Service.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Dr2Doc Service, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, such as data resulting from the speech-to-text functionality, or the quality or nature of third-party products or services obtained through the Dr2Doc Service. Use the Dr2Doc Service at your own risk.

We make no promises and disclaim all liability of specific results from the use of the Dr2Doc Service.

Released Parties Defined. "Released Parties" include Dr2Doc and our affiliates, officers, employees, agents, partners, and licensors.

A. DISCLAIMER OF WARRANTIES

You use the Dr2Doc Service at your own risk. We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE DR2DOC SERVICE IS AT YOUR SOLE RISK, AND THE DR2DOC SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE DR2DOC SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE DR2DOC SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE DR2DOC SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DR2DOC SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE DR2DOC SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE DR2DOC CURRENCY HAS ANY VALUE, AND (vi) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DR2DOC SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DR2DOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE DR2DOC SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE DR2DOC SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE DR2DOC SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE DR2DOC SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE DR2DOC SERVICE OR YOUR USE OF DR2DOC CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Dr2Doc Content or the use of the Dr2Doc Service, (iii) any activity on the Dr2Doc Service under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

XIV. General Terms

These Terms constitute the entire agreement between you and Dr2Doc concerning your use of the Dr2Doc Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

XV. Arbitration, Class Waiver, and Waiver of Jury Trial

As we are located in Texas, so all disputes must be resolved in Tarrant County, Texas. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Dr2Doc Service.

These Terms and the relationship between you and Dr2Doc shall be governed by the laws of the state of Texas without regard to its conflict of law provisions. You and Dr2Doc agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Dr2Doc Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Tarrantcounty in the state of Texas. You covenant not to sue Dr2Doc in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

XVI. Chargebacks

The Dr2Doc Service may integrate with a third-party payment processor(s) (each, a "Payment Processor") that process third party credit card payments on your behalf through your account on the Dr2Doc Service (the "Payments"). If a chargeback occurs with respect to any Payments processed on your behalf (a "Chargeback"), then you agree that, as between you and Dr2Doc, you will be solely responsible for the amount of the disputed Payment and any additional fees or penalties which are charged by the Payment Processor (collectively, the "Chargeback Amount"). Dr2Doc will use reasonable efforts to notify you if a Payment Processor notifies Dr2Doc that a Chargeback has occurred, and you agree to assist Dr2Doc as necessary to investigate and resolve the Chargeback. In the event that a Chargeback occurs and Dr2Doc pays any Chargeback Amounts to the Payment Processor that is attributable to Payments processed on your behalf, you further agree to pay to Dr2Doc any Chargeback Amount associated with such Chargeback, and hereby authorize Dr2Doc to charge the balance of such Chargeback Amount to your default payment method, plus a $15 service fee (the "Service Fee"). If a Chargeback is resolved in your favor and the Payment Processor gives Dr2Doc a credit for some or all of the

Chargeback Amount, then Dr2Doc shall refund to you such credited amounts. The Service Fee is non-refundable. In the event that you request a refund of any Payments, you will be responsible for any and all credit card or third party processing fees. For the avoidance of doubt, such credit card and/or third party processing fees shall not be refundable to you if you request a refund of any Payments.

Privacy Policy

Last updated: February 3, 2019

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Introduction

This Privacy Policy (this "Policy") applies to the software and information services we offer through our website located at www.dr2doc.com, our electronic health record and practice management solutions, and web-enabled emails sent as part of, in connection with, or relating to such software and information services (collectively, our "Services"). Maintaining your trust is important to us, and we strongly encourage you to read this Policy in full.

The purpose of this Policy is to describe how we and our partners collect, use, and share information about you. This Policy may incidentally describe how our Services gather and use information about other individuals or information about you that may be submitted by another user. This Privacy Policy, however, only applies to how we and our partners collect, use, and share information about you with respect to the Services covered by our Healthcare Provider User Agreement ("User Agreement"), and not to any other service we may offer to any other individual or customer.

Some of our users - such as healthcare providers - are subject to laws and regulations governing the use and disclosure of health information they create or receive, including the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, together with the regulations adopted thereunder ("HIPAA"). When we store, process or transmit "individually identifiable health information" (as defined by HIPAA) on behalf of a healthcare provider who has entered into a Healthcare Provider User Agreement, we do so as its "business associate" (as also defined by HIPAA). Under this agreement, we cannot use or disclose individually identifiable health information in a way that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of the individually identifiable health information we store and process on behalf of such providers. For the purpose of this Policy, the term "healthcare provider" means any user who is a "health care provider" (as defined by HIPAA) or any user who is a member of such health care provider's "workforce" (as also defined by HIPAA). For additional information regarding our business associate obligations, please see Sections 4.1.8 and 9 of our Healthcare Provider User Agreement.

Information Collected by Our Services

Information You Submit or We Collect on Your Behalf:

We collect information from you when you:

• Enter information on our Services, such as when you register for our Services, use our Services to send a message to someone else, or complete a form;

• Upload a document, image, or other data file on our Services;

• Contact us; or

• Make a customer service request or attend one of our individual or group training sessions.

We also collect information on your behalf when you authorize us to retrieve and import information from another user or other third party within our Service or as set forth in the User Agreement.

Information we collect about you may include your name, address, telephone number, email address, or the information you enter on or upload to our Services.

Payment Information: Depending on the Services you use, we may also collect your billing information, including credit or debit card account information, or other forms of payment ("Payment Card Information"). By submitting your Payment Card Information, you expressly consent to the sharing of your information with third-party payment processers and other third-party services (including but not limited to vendors who provide fraud detection services to us and other third parties). These third parties may store your Payment Card Information for future use in our Services. We do not store your Payment Card Information, nor do we have direct control or responsibility for your Payment Card Information. The third party services that we utilize are contractually obligated to keep your Payment Card Information secure and confidential.

Automatically Collected Information:

We and our partners automatically gather information whenever you visit, log in, or otherwise interact with our Services, including when you receive emails delivered via our Services. We and our partners use the technologies described below and similar technologies that may not be expressly described (which we collectively call "Engagement Tools") to gather this information to enhance and operate our Services in a number of ways, such as to:

• Save user preferences and information;

• Preserve session settings and activity;

• Authenticate users;

• Enable support and security features;

• Tailor the delivery of informational messages, media, advertising and other content; and

• Analyze the performance and use of our Services and its various features and content.

Even if you do not register with us or submit any information on our Services, our Engagement Tools will automatically receive information about, and the software running on, the computer, mobile phone, or tablet (each, a "Device") you use to interact with our Services.

Device Information: When you interact with our Services, we collect information about your Device such as the URL of services your Device is requesting and the referring web pages, your IP address, Device type, operating system, browser type, application identifier, and, under certain circumstances, the location information your Device sends to us.

Cookies & Similar Technologies: We and our partners collect information about you and your Devices through cookies, web beacons, and similar technologies. A "cookie" is a small data file sent from a website and stored on your Device to identify your Device in the future and allow for an enhanced personalized user experience based on your previous activity on the website. A "session cookie" disappears after you close your web browser, or may expire after a fixed period of time. A "persistent cookie" remains after you close your web browser and may be accessed every time you use our Services. We and our partners may use both session and persistent cookies on our Services. You should consult your web browser to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may not be able to use certain features of our Services.

Some of our partners deploy these technologies directly on our Services. These third parties may collect information over time about your use of our Services, as well as your online activities across other websites or online services. Some third parties may allow you to opt-out of targeted advertising based on this information. You can find more information about these opt-outs from the Network Advertising Initiative (NAI) and the Digital Advertising Alliance (DAA).

Information from Other Sources:

We may receive or proactively gather information about you from other sources and add it to information we otherwise have about you for any purpose described in this Policy. This may include situations where a third party seeks to communicate with you through the Services or establish an "Integration" (as more fully describe below under the heading, Third Party Integrations).

How We Use Information

We may use the information we collect for the following purposes:

• Operating our Services and developing new functionality and features;

• Responding to questions and communications, or obtaining your feedback about our Services;

• Administering and logging your participation in educational and informational programs, including webinars and other classes, and any product or support matters that may arise from such programs;

• Preparing and delivering announcements about features, functionality, terms of use, or other aspects of our Services or your interests and informing you about offers for services or products we believe may be of interest to you, including from third party sponsors;

• Providing you with more relevant content, including clinical support tools, assessments or medical-related information or services, patient support programs, advertising, or other programs appearing on our Services or third-party services;

• Analyzing usage trends and patterns and measuring the effectiveness of content, programs, advertising or the features or functionality of the Services, including emails that may be sent by us to you;

• Preparing reports for any of the purposes described in this Policy, including for current or future sponsors, advertisers or other partners to show utilization or trends about the use of our Services. Such reports may include demographic or other general user information, but will not include personally identifiable information unless the recipient has agreed to confidentiality obligations;

• Safeguarding and protecting our Services, the information we collect, and the rights of us, our users or third parties, and in response to legal process;

• We may use your Payment Card Information as stated in the "Payment Information" Section above;

• Any other purpose described in this Policy or your User Agreement; or

• When we otherwise have your permission.

How our Services Allow Users to Share Information:

One-on-One Communications:

Our Services can be used to facilitate one-on-one communications between users and other persons. Examples include:

• Sending an appointment confirmation or other notification to another user;

• Making a referral to another healthcare provider;

• Sending a prescription to a pharmacy;

• Sending a test requisition to a clinical laboratory; or

• Sending a message to a patient.

In any one-on-one communication, users are sending information to one another or to an individual or entity who may not be a user of the Services. Depending on the message, this could include the sharing of contact and other personally identifiable information.

Directories:

If you are a healthcare provider who has entered into a Healthcare Provider User Agreement, you will have the ability to have your contact and directory information listed in one or more of our professional directories of healthcare providers on our Services that users and/or the general public may be able to view. These directories include profile information (e.g., contact, specialty and other information) and other features that allow users and/or the general public to locate and contact those listed in the directory.

If you visit our Services seeking to contact or schedule an appointment with a provider listed in one of our directories, you may need to submit personally identifiable and other information.

Public Forums:

Our Services include public forums that allow users to communicate with groups of users or the general public. Information a user posts in one of our communities may be available to a wide range of individuals, and should be presumed public. We strongly advise users to exercise care in selecting what information they share with our communities or public forums, and strongly recommend against sharing any personally identifiable, health, or other sensitive information that could directly or indirectly be traced to any individual, including themselves.

Surveys, Feedback, Informational Programs:

From time to time you may receive survey requests through emails or displays within our Services that request feedback on a variety of topics. These programs may be sponsored or funded by third parties, and may include branded or unbranded content about medical conditions, treatments and products, or safety and regulatory information resources. If you choose to engage with or use one of these requests, you may be asked to provide information that may be used to supplement information that you submitted to our Services. This information may be shared with the sponsor of the program.

Records:

Our Services allow users to store personally identifiable and health information ("Records"), including Records that identify other individuals, including other users. Certain of our Services permit users to share all or portions of these Records at their discretion.

You should be aware that this Policy covers only the information you submit through our Services. If you contact or exchange information with another user in person or through a means other than our Services, such activity is not covered by this Policy. Because our Services enable users to share information you share with them, you should take care in selecting with whom you share your Records and other information. Although our Services process such transmissions, we are not responsible for the actions of persons with whom you share your Records and other information.

Emails and Other Communications:

Our Services allow users to communicate with others through our in-product instant messaging services, Service-branded emails, and other electronic communication channels. Communications that are sent by or on behalf of a user are indicated as being "From" that user, such as when our Services send an appointment notification from, and on behalf of, a healthcare provider to his or her patient. Additionally, we may communicate administrative or Service-related announcements through email or other communications within our Services. These communications may be "real time" communications or communications triggered automatically upon the occurrence of certain events or dates - such as a repeated sign-in failure or an appointment notification. Please note that you may not be able to opt out of receiving certain messages from us.

Emails and other communications from individuals who are not users of our Services, or that we send in connection with business agreements or subject matter other than the User Agreements, are not covered by this Policy. If, for example, you contact us regarding a job opening, that communication to us is not covered by this Policy even though that job opening may have been posted on our Services.

Third Party Integrations

Our Services may allow you to connect your account on our Services with third parties, such as when a healthcare provider seeks to integrate our electronic prescribing module into our partner's national electronic prescribing network, or when a healthcare provider approves us integrating or linking his or her account with a third parties' billing software (any such integration, an "Integration"). Integrations can also be initiated by third parties seeking to establish Integrations with you, such as when a clinical laboratory desires to transmit lab results directly into a healthcare provider's electronic health record account rather than transmitting the result by fax or other means. Your use of these Integrations is entirely optional. Should you choose to utilize these Integrations, you may be prompted to give us permission to perform certain actions in your account, such as creating, updating or deleting certain information. Please note that if you choose to utilize any Integration, any information you elect to provide to third parties will be subject to whatever agreement you have with them, including, if applicable, their terms of use or privacy policy, and not this Policy. To disable an Integration, you can contact us through one of the methods described at www.dr2doc.com.

Sharing of Information

We may share information you submit to us with third parties under the following circumstances:

• When you choose to share such information through our Services, such as "one-on-one" communications between a provider and a patient or another healthcare provider;

• When your account has been issued by an account administrator with administrative rights over your account, your account administrator will have access to your account information;

• With third party service providers that have agreed to confidentiality obligations, which may include, as applicable, business associate contract obligations;

• If you are a healthcare provider who has entered into a Healthcare Provider User Agreement, we may share information with the third parties who are subject to confidentiality obligations that you have elected to establish Integrations with, or who seek to establish Integrations with you, and to facilitate, maintain and monitor the utilization of such Integrations;

• If you are a healthcare provider who has entered into a Healthcare Provider User Agreement, we may also share information with third parties who are subject to confidentiality obligations who are funding or administering certain branded or unbranded content about medical conditions, treatments and products, or safety and regulatory information resources, such as clinical decision support tools, patient savings offers, co-pay offset or discount programs, medication adherence programs, and other similar programs, and with sponsors of advertising appearing within our Services. The purposes of such sharing may include administration, recordkeeping or compliance obligations, and assessing the effectiveness or utilization of any such program;

• If you receive any honoraria or payment in connection with a survey or request for feedback, your information may be shared with the funding source or sponsor of such survey or program;

• When we share your Payment Card Information as described in the "Payment Information" Section above;

• To protect our Services, the information we collect, and the rights of us, our users, and any third parties, including to verify your identity;

• To detect, prevent, investigate, or address fraud, illegal activity, or violations of our terms and agreements;

• In response to legal process, such as a search warrant, court order, or subpoena, or when we have a good faith belief that the law requires us to do so;

• With our current and future subsidiaries or corporate affiliates or actual or potential investors;

• In connection with a potential or actual sale, merger, transfer, exchange, reorganization or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by our Services. If such a transaction occurs, the acquiring company's use of your information will remain subject to this Policy, as may be subsequently amended;

• Any other purposes described in this Policy or your User Agreement; or

• When we otherwise have your permission.

Security

To help prevent unauthorized access, maintain data accuracy, and protect against the inappropriate use of the information we collect, store, and transmit, we deploy a range of technical, physical and administrative safeguards. Under our Healthcare Provider User Agreement and applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of individually identifiable health information residing on, and processed by, those elements of our Services that we operate as a business associate on behalf of healthcare providers. It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services.

Third Party Services

This Policy applies only to our Services. It does not apply to services offered by third parties, including websites and other online services that our Services may display links to or to advertisements appearing within the Services. When you click on such links or advertisements, you will be visiting websites or interactive services operated by third parties, who have their own information collection practices and may also collect information through the use of Engagement Tools. We do not have control over how any third party collects or uses information, so you should review their privacy policies to learn of their practices.

Changes to this Policy

We believe in continuous innovation, which, along with changes in our business, may require that we amend this Policy from time to time. We will post a revised Policy along with its effective date on this page. Because this Policy can change at any time, we encourage you to reread it periodically to see if there have been any changes, amendments, or updates. If you object to the changes or any terms within this Policy or the User Agreements, you should discontinue using our Services. Your continued use of our Services following the effective date means that you have consented to the Policy, as amended, changed, or updated.

Viewing and Updating Your Information

Our Services aim to provide you with access to the information you submit and the means to update it within our Services consistent with applicable law. This can be accomplished by logging into our Services and updating that information, or contacting a customer support representative, although please be advised of the important limitations described below. Under certain circumstances, we may ask you to verify your identity before your request is processed.

Please note that, unless you have administrative rights over another user's account pursuant to our Healthcare Provider User Agreement, you are not entitled to access, update, or delete the content of another user's account.

If you have used our Services to share information with another user or a third party, you will not be able to access, update, or delete that shared information. Further, if another user of our Services submits information that identifies you, you will not be able to access, update, or delete that information.

Certain users - such as healthcare providers - may be required under applicable laws or regulations to retain information about you for extended periods of time or indefinitely. Additionally, we may have independent obligations under applicable laws or regulations to retain such information indefinitely. Finally, for disaster recovery and business continuity purposes we retain copies of data stored by our Services for indefinite periods of time.

HIPAA grants patients certain rights to access and amend certain health information that their healthcare providers retain about them. Patients should submit requests to access or amend their health information directly to their healthcare providers.

Contact Us

If you have questions regarding this Policy, please contact us at:
Dr2Doc, LLC
101 W. Randol Mill Rd, Suite 120
Arlington, TX 76011