JOIN OUR NETWORK TO ACCESS YOUR PHYSICIANS' MEDICAL RECORDS AND STORE YOUR MEDICAL INFORMATION ON OUR SECURE CLOUD NETWORK
MEDICAL INFORMATION AT YOUR FINGERTIPS 24/7
Appointment scheduling requests
View upcoming and past appointments
Access to medical records, lab results
Secured patient-clinic communication
Online bill payment
DO NOT USE PATIENT PORTAL FOR URGENT MATTERS. If you are experiencing a medical problem, call 911 or your physician’s office immediately. For questions, please contact us at www.dr2doc.com or through our email at email.
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DR2DOC PATIENT PORTAL USER AGREEMENT
Important: Please read the terms and conditions of this Patient Portal User Agreement ("Agreement") before clicking "I Accept." By accepting this Agreement, You agree to be bound by its terms. This Agreement contains the terms and conditions that govern access to portions of Your medical records, such as lab results, clinic visit summaries, hospital discharge summaries, and any such other of Your information contained in Dr2Doc, Inc.’s Patient Portal, by all Patient Portal Participants, and their Authorized Users (both as defined below).
In this Agreement, the words:
• "Authorized User" means either a Patient Portal Participant, the parents of a Patient Portal Participant who is a minor under the age of eighteen (18), or a person that a Patient Portal Participant has appropriately and duly authorized to use the Patient Portal hereunder on the Patient Portal Participant’s behalf.
(Parents of patients ages 0 to 18 may establish access to the Patient Portal on their child’s behalf, but in all cases that access will expire on the day prior to the child’s 18th birthday. )
• "Patient Portal Participant" means the person registered with the Patient Portal who has received medical services or treatment by a medical provider, emergency department, or an outpatient facility (lab, imaging).
• "Patient Portal" means, collectively, all services, software, functionality, content, and data made available by Dr2Doc through its Patient Portal at www.dr2doc.com.
• "You" means either the Patient Portal Participant, the parents of a Patient Portal Participant who is a minor under the age of twelve (12), or the Authorized User utilizing the Patient Portal pursuant to the terms of this Agreement.
Your Rights to Use the Patient Portal
Dr2Doc hereby gives You permission to access the DR2DOC Patient Health Portal, subject to the conditions and limitations set forth herein, as they may be amended from time to time by Dr2Doc in its sole discretion. You may use the DR2DOC Health Portal only while this Agreement remains in effect. You represent and warrant that You are accessing and viewing portions of Your medical information and other such available data relating to Your receipt of medical or other services from a medical provider, emergency department, or an outpatient facility (lab, imaging), contained on the Patient Portal for the following purposes and only to the extent permissible under all applicable laws regarding the privacy of patient information: (i) to communicate securely within the portal; (ii) to view Your medical information such as allergies, medications, and immunizations; and (iii) to view Your lab results, clinic visit summaries, hospital discharge summaries, and educational materials. All information created, stored, and processed in the Patient Portal may be protected by law. Additionally, all patient information viewed through the Patient Portal is strictly confidential and is subject to the protections of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the privacy and security regulations promulgated pursuant to HIPAA, including, but not limited to, 45 C.F.R. Parts 160 and 164 Subparts C and E, as may be amended from time to time. You represent and warrant that Your access to, and use of the Patient Portal, will not: (i) violate any laws; (ii) be defamatory, deceptive, offensive, discriminatory, obscene, or otherwise inappropriate; (iii) consist of "spamming", sending unsolicited bulk e-mail or other messages, or sending unsolicited advertising; (iv) be threatening or harassing; (v) involve impersonating another person; or (vi) violate the terms and conditions or use of any application, software, or other function made available by Dr2Doc.
Your Use of Content You Obtain by Using the Patient Portal
You are hereby granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license during the term of this Agreement to view and use the data, applications, software, and other content obtained by using the Patient Portal solely in connection with Your receipt of health care services by a medical provider, emergency department, or an outpatient facility (lab, imaging). Except as expressly provided herein, (i) except for Your records, no part of the information in or about the Patient Portal, including but not limited to, data, applications, software, and other content retrieved from it and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, (ii) nor shall materials, other than Your records, from this site be stored in any information storage and retrieval system without explicit prior written permission from Dr2Doc. Except for the limited license granted above, Dr2Doc reserves all right, title, and interest, including all intellectual property rights, in and to the Patient Portal. You agree not to cause or permit the reverse engineering, disassembly, or de-compilation of the Patient Portal, or any part thereof.
You may not, except as specifically permitted herein (notably those purposes specified in the previous section, headed "Your Rights to Use the Dr2Doc Patient Portal") and by applicable laws and regulations:
• Use, reproduce, or copy all or part of the data, applications, software, or other content You obtain by using the Patient Portal, other than Your records;
• Change or delete any proprietary notices obtained from the Patient Portal;
• Add to, modify, or alter the Patient Portal in any way;
• Use the data, applications, software, or other content You obtain by using the Patient Portal for the benefit of a third party, other than the Patient Portal Participant;
• Transmit or provide any data, applications, software or other content You obtain by using the Patient Portal to a third party (except for a Cerner Direct certified provider); or
• Incorporate any data, applications, software, or other content You obtain by using the Patient Portal in a product designed, developed, marketed, sold, or licensed by You or on Your behalf, or utilize any such data or other content for any marketing or commercial purposes whatsoever.
You may not in any event use the Patient Portal, or any data, applications, software, or other content You obtain by using the Patient Portal, in a manner contrary to any applicable law or regulation. These provisions will survive any termination of this Agreement.
Monitoring and Breach Reporting
Dr2Doc may, but is under no obligation to, conduct regular audits of Your use of the Patient Portal to ensure compliance with this Agreement. You acknowledge and agree that You may be asked to produce records regarding Your use of the Patient Portal and You shall produce all such requested records within five (5) days of receipt of any request.
Effective Time; Termination
This Agreement shall take effect at the time You first access the Patient Portal and shall remain in effect until this Agreement is terminated.
Either party may terminate this Agreement at any time, with or without cause, upon ten (10) days’ prior notice. If you wish to terminate this Agreement, You must do so by either calling the support number listed at the bottom of the portal Web site, or by deleting Your account online.
In addition, Dr2Doc may terminate this Agreement immediately if: (i) You breach this Agreement or (ii) in Dr2Doc’s sole discretion, an audit demonstrates unusual or inappropriate use of the Patient Portal from Your account.
In the event of termination for any reason, Your right to use the Patient Portal shall end immediately. You must destroy all copies of relevant software on Your computer or in Your possession, if applicable.
All Authorized Users are the responsibility of said Patient Portal Participant, or, if the Patient Portal Participant is a minor under the age of twelve (12), the parents of a Patient Portal Participant. Each Patient Portal Participant assumes full and complete liability for all consequences of misuse of access to patient information by any of Patient Portal Participant’s Authorized Users, including violation of state and federal laws related to HIPAA.
Your obligations to comply with the terms described under the headings "Your Use of Content You Obtain by Using the Patient Portal," "No Warranty," and "Release of Liability and Indemnification" shall survive any termination of this Agreement, as well as all such terms which by their nature are intended to survive termination and You shall continue to be bound by those terms.
Ownership of Patient Portal, Content, Software and Services
Dr2Doc is the owner or licensor of all rights in the Patient Portal, its content, software, and services, unless expressly and prominently specified otherwise in Patient Portal content. You have no rights to such content, software, or services except as expressly granted herein. The name "Dr2Doc Patient Portal" and the logos or other proprietary marks of Dr2Doc are trademarks of Dr2Doc. No right, title or interest in those trademarks is granted to You in this Agreement.
You acknowledge and agree that all shrink-wrap, click-wrap, website, or other terms and conditions shall be binding on You, regardless of whether You are required to provide an affirmative acceptance.
Confidentiality and Use
You may not permit any unauthorized person to use the Patient Portal and You will protect the privacy of patient information at all times, if applicable. You agree to be solely responsible for maintaining the confidentiality of Your unique username and password for the Patient Portal, for all use of the Patient Portal made with Your username and password, and for all use of the data and other content obtained by using Your username and password. You shall log off the Patient Portal when You are away from the computer through which You accessed the Patient Portal and when You no longer have an immediate need for access. If You have any reason to believe that the confidentiality of Your username or password has been compromised, You observe or suspect suspicious activity on Your account, or You observe an actual or suspected breach in security or privacy, You will immediately contact Dr2Doc to request a password change and notify Dr2Doc of the confidentiality concern. You agree that You are ultimately responsible for any use of the Patient Portal, that all such use is subject to the terms of this Agreement, and that You shall abide by the terms and conditions of this Agreement. You understand and agree that the Patient Portal shall only be used for routine matters. If there is an urgent issue or a response is needed quickly, patients must call their health care provider, go to a nearby emergency department or urgent care center, or call 911.
DR2DOC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PATIENT PORTAL. THE PATIENT PORTAL IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. DR2DOC DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE PATIENT PORTAL. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PATIENT PORTAL ARE WITH YOU. DR2DOC MAKES NO WARRANTIES IN RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. DR2DOC FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.
Release of Liability and Indemnification
In consideration for Dr2Doc granting You permission to use the Patient Portal, You expressly release and hold harmless Dr2Doc, as well as its trustees, officers, directors, employees, agents and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law, equity, or otherwise, arising out of or in any way related to Your use of the Patient Portal, or any of the data, applications, software, or other content obtained or utilized by accessing the Patient Portal, whether or not arising from any acts or omissions by Dr2Doc, or its trustees, officers, directors, employees, agents or affiliates.
In addition, You shall indemnify and hold harmless Dr2Doc, and its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third-party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of this Agreement, or from any claim of any nature or any wrongful acts or omissions, by You or Your Authorized Users or Your other employees, officers, or agents.
DR2DOC, AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PATIENT PORTAL, PATIENT PORTAL CONTENT, THE APPLICATIONS, SOFTWARE, OR OTHER INFORMATION CONTAINED WITHIN THE PATIENT PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY FAILURE OF THE PATIENT PORTAL, THE PATIENT PORTAL CONTENT, OR OTHER INFORMATION CONTAINED WITHIN THE PATIENT PORTAL IS TO STOP USING THE PATIENT PORTAL. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This provision shall survive any termination of this Agreement.
No Responsibility for Links to or from Other Sites
The Patient Portal may contain links to other Web sites, and other Web sites may provide links to the Patient Portal. These links are provided for Your convenience only. Dr2Doc does not control these other sites and assumes no liability or responsibility for them, including any content or services provided to You by such sites. You should not consider any link to or from another site as an endorsement of that site by Dr2Doc.
Changes to Patient Portal or this Agreement
Dr2Doc may, at any time, enhance and/or make changes to the Patient Portal, the terms and conditions in this Agreement and/or any other policies or conditions that may govern the use of the Patient Portal and will provide notice of such changes, in its sole discretion, via hardcopy, e-mail or by posting such changes on the Patient Portal. It is Your responsibility to periodically check the Patient Portal for any such changes. Your continued access or use of the Patient Portal shall be deemed to be Your notification and acceptance of these changes.
Availability of the Patient Portal
Access to the Patient Portal may be limited during periods of high volume, systems upgrades, and/or daily maintenance, or for other unanticipated reasons. Dr2Doc shall not be liable if You are unable to access or utilize the Patient Portal.
Security of Communications on the Internet and Events Beyond the Patient Portal’s Control
You access the Patient Portal through the Internet. Use of the Internet is solely at Your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Dr2Doc has endeavored to create a secure and reliable site, Dr2Doc shall not be responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Patient Portal, or for the consequences of any reliance on such information.
Dr2Doc shall not be liable for any loss resulting from a cause over which Dr2Doc does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, interruption of communications or data processing services, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Governing Law; Legal Jurisdiction
The laws of the State of Texas govern this Agreement, Your access to and use of the Patient Portal, and the data and other content obtained thereby under this Agreement, without regard to conflict of law principles. You hereby submit to the exclusive jurisdiction of the courts in the State of Texas with venue in Hillsborough County, and waive any jurisdictional venue or inconvenient forum objections to such courts.
No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing by the waiving party. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, such provision will be enforced to the maximum permissible extent to effect the intent of the parties, and the remaining portions will remain in full force and effect. No joint venture, partnership, franchise, employment, or agency relationship exists between You, Dr2Doc, or any other party participating in the Patient Portal as a result of this Agreement or Your use of the Patient Portal. This Agreement constitutes the entire agreement between the parties regarding its subject matter; provided, however, that You will also be subject to any additional terms and conditions of which You are notified and to which You manifest consent by continued use of the Patient Portal.
You represent and warrant, and in accessing the Patient Portal will be deemed to repeat such representation and warranty, as applicable, that: (a) You have full power and authority to enter into and perform the obligations under this Agreement; and (b) this Agreement has been duly authorized, executed, and delivered on Your behalf by persons empowered to do so.
March 25, 2019
By accepting this Agreement, You agree to be bound by its terms. This Agreement contains the terms and conditions that govern access to portions of Your medical records, such as lab results, clinic visit summaries, hospital discharge summaries, and any such other of Your information contained in DR2DOC Health Portal, by all Patient Portal Participants, and their Authorized Users (both as defined below).
Aggregate Data. Aggregate Data is PHR Data that: (1) has names and other identifiers removed or altered and (2) is grouped so it does not identify or connect to you as an individual. In other words, Aggregate Data is information that does not identify an individual Services user.
Authorized Individuals. An Authorized Individual is an individual whom you authorize to access your DR2DOC Health Portal on your behalf.
Authorized Individual-Representative. An Authorized Individual-Representative is an individual who has authority to create and manage a DR2DOC account on behalf of a Dependent and may include a parent, guardian, or other legal representative.
Dependent. A Dependent is a minor child or other individual for whom an Authorized Individual-Representative is the legal representative.
PHR Data. PHR Data means any information in the DR2DOC Health Portal. PHR Data includes, but is not limited to the following:
Patient Portal Participant. Means the person registered with the Portal who has received medical services or treatment by a medical provider, emergency department, or an outpatient facility (lab, imaging).
Patient Portal. Means, collectively, all services, software, functionality, content, and data made available by Dr2Doc through the DR2DOC HEALTH PORTAL at www.dr2doc.com.
You. Means either the Patient Portal Participant, the parents of a Patient Portal Participant who is a minor under the age of twelve (18), or the Authorized User utilizing the Patient Portal pursuant to the terms of this Agreement.
PHR. "PHR" stands for Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share your health information. The DR2DOC Health Portal is available via mobile application, personal computer and the Internet.
Your name and contact information, such as your address, phone number, or email address
Your medical history, conditions, treatments, and medications
Your healthcare claims, health plan account numbers, bills, and insurance information
Demographic information, such as your age, gender, ethnicity, and occupation
Computer information, such as your IP address and "cookie" preferences
PHR Data includes Personal Information as defined at 1(f) and Aggregate Data as defined at 1(a).
Personal Information. Personal Information includes your PHR Data, as well as any other information about you that can be reasonably linked to you, such as your name, health information, and other identifiers. Personal Information may also be your social security number.
Provider. A healthcare provider, healthcare practice, or hospital that you authorize to provide information to your DR2DOC personal health portal . When you sign up for the DR2DOC Health Portal, you may provide authorization for a healthcare practice or hospital, and associated authorized users, to send Personal Information to your PHR.
Service. The Service includes the DR2DOC Health Portalservices and all related products and services.
Service Provider. A Service Provider is an entity that is hired to perform certain functions for DR2DOCto support the development, maintenance, and implementation of DR2DOC Health Portal. Service Providers may include software or website designers and data storage providers.
Your Agreement with DR2DOC
You must provide accurate and complete registration information when you register to use the Service. You are responsible for the security of your passwords and for any use of your account.
DR2DOC reserves the right to restrict who is eligible for an account. DR2DOC reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability. DR2DOC may enable you to create accounts for minors or other members of your family over whom you have legal authority. You may only do so if you are the Authorized Individual/Authorized Individual-Representative, and by doing so, you certify that you have such authority. DR2DOC may enable you to give access to your account to Authorized Individuals. When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, and/or perform certain transactions through, your account. You also may permit your authorized health care providers to communicate with such Authorized Individuals about your health status.
Your Use of the Service
DR2DOC currently provides you with general use of and access to the Service free of charge. However, DR2DOC may charge fees for your use of certain features and functionality of the Service (e.g., transaction fees for content or specific services, such as web consultations or faxing, or heavy online data storage). Additionally, if your authorized health care providers (each a "Provider" and collectively, the "Providers") utilize the billing services offered by the Service, such billing services may serve as a method of payment between you and your Providers. DR2DOC may collect a small transaction fees for such service.
Generally, at any time in its sole discretion, DR2DOC may charge fees for access to all or any part of the Service. In no event will you be charged for access to the Service unless DR2DOC obtains your prior agreement to pay for such access. All new fees, if any, will be posted in appropriate locations on the Service. DR2DOC reserves the right to change its fees, if any, from time to time in its discretion.
Collection of Your Information
PHR Data may be entered into the Service directly by you personally or via data transfer from a third-party repository, such as your Provider's electronic health records or other third-party sources, as further described below. With respect to your PHR Data collected from third-party sources, DR2DOCshall not collect such information without your specific, written authorization to do so. When you provide such authorization, you may also be asked to designate how often updated information may be transmitted from the applicable third-party source to the Service. Please note, if any PHR Data is released by an authorized third‑party source to the Service and later invalidated by the third-party source, DR2DOC reserves the right at the request of the third‑party source, to remove that PHR Data from your DR2DOC Health Portal.
Notifications of Account Modification
Modifications to your DR2DOC record are not automatically communicated to your Providers or any third-party sources. If you want your Provider or a third party to know of changes within your DR2DOC record, you must inform the Provider or third-party of such changes.
Not an Emergency Service
Communications with Providers through DR2DOC are not in "real-time", and should not be used for urgent or emergency situations. The Service does not provide any medical services. The Service does not provide emergency or urgent medical services. PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.
Use of Your Information
DR2DOC is committed to protecting your personal information and employs a variety of security technologies and procedures to help protect your information from unauthorized access, use, and disclosure. This includes, but is not limited to, storing your personal information on secure servers, using robust encryption technology, and requiring comprehensive security training for our workforce.
DR2DOC may use non-identifiable anonymous data that is taken from the Personal Information you provide and combine it with other anonymous data to create what is referred to as "Aggregate Data" that may be disclosed to third parties. Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. Aggregate Data will be used to determine such things as user demographics and usage patterns for our services. DR2DOC may use Aggregate Data within DR2DOC to understand the needs of the DR2DOC community of users and determine what kinds of programs and services we can offer to you.
As described further below, DR2DOC may use your PHR Data to:
Operate and manage the DR2DOC Health Portal platform, software, and website
Maintain and protect its computer systems
Comply with the law, such as responding to subpoenas and search warrants
As part of the Service, you may authorize your participating Providers to provide Personal Information about you from the Providers' electronic health records to the Service. You may use the Service to share certain Personal Information with such Providers. You may use the Service to communicate with such Providers. You understand that any decision to use the Service in such ways is entirely voluntary. You understand that if you authorize a Provider to access your Personal Information in the Service and communicate with you via the Service that Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Service to access your Personal Information and communicate with you as well.
DR2DOC relies on the Providers authorized by you to confirm that they meet the criteria for participating in the Service. You acknowledge and agree that DR2DOC is not responsible for any such entity misidentifying itself or any misuse of the data by such health care providers or their authorized personnel. DR2DOC'S sole liability and sole responsibility shall be to discontinue access to any entity or individual which DR2DOC learns misidentified itself/himself/herself or is otherwise misusing PHR Data.
You may revoke any Provider's, other third-party's, or Authorized Individual's permission to (a) communicate with you through the Service; (b) request information from you or DR2DOC Health Portal through the Service; or (c) provide Personal Information to DR2DOC Health Portal by utilizing the connection management features of the Service. However, copies of all of your Personal Information previously disclosed to such Providers, third parties, or Authorized Individuals and incorporated into such Providers', third-parties', or Authorized Individuals' records, if any, may remain in such records. DR2DOC cannot, and has no obligation to, remove such information from the Provider's, third-parties, or Authorized Individuals' records.
DR2DOC is relying on you to review and assess the qualifications of your Providers and to make appropriate decisions with respect to Authorized Individuals. DR2DOC does not examine the credentials of, perform background checks on, or give its endorsement to any Provider or Authorized Individual.
You may grant access to your DR2DOC account to one or more Authorized Individuals. You may grant an Authorized Individual access to your DR2DOC account by specifically authorizing DR2DOCto permit access by such Authorized Individual to your DR2DOC account. When you grant access to an Authorized Individual, you may permit the Authorized Individual either: (a) to have the same level of access to your DR2DOC account as you have, i.e., the Authorized Individual shall be authorized to access your DR2DOC health record and to communicate with your Providers and/or engage in other transactions with your Providers to the same extent that you are able using DR2DOC; or (b) to have "read-only" access to your DR2DOC account, i.e., the Authorized Individual shall be authorized to access your DR2DOC health record ONLY, and shall NOT be able to communicate with or otherwise engage in transactions with your Providers. Whether or not you grant an Authorized Individual full-access or read-only access to your DR2DOC account, only you will be able to establish or terminate connections with your Providers. You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) DR2DOC has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual.
An Authorized Individual-Representative may authorize and/or have access to DR2DOC Health Portal for a Dependent. Through the account, the Authorized Individual-Representative may be able to: (a) review and update the Dependent's personal health record as maintained on DR2DOC; (b) communicate with the Dependent's Providers with regard to the Dependent's health status and otherwise; and (c) engage in such transactions as permitted between the Authorized Individual-Representative and the Dependent's Providers through the DR2DOC Health Portal. Accounts created for Dependents are specific to each health care Provider. Thus, an Authorized Individual-Representative will have to specifically authorize each Provider practice to establish a DR2DOC account in the name of the Dependent. A Dependent's DR2DOC account will be linked to an Authorized Individual-Representative's DR2DOC Health Portal account until the earlier of the date: (i) the minor Dependent reaches the age of 18, or (ii) DR2DOC is notified by the Dependent's Provider or a court of law or agency with appropriate authority that the Dependent has been emancipated, attained legal custody of his or her own health information, or that a different Authorized Individual-Representative has been named. Each Authorized Individual-Representative understands that a Dependent's DR2DOC account also may be linked to the DR2DOC account of another Authorized Individual-Representative, and each Authorized Individual-Representative will have the same rights to access and communicate through the Dependent's DR2DOC account. Each Authorized Individual-Representative agrees that if he or she becomes aware of any change in any Authorized Individual-Representative's relationship to the Dependent that may result in the Authorized Individual-Representative no longer qualifying as an Authorized Individual-Representative, the Authorized Individual-Representative will advise the Dependent's Providers of the same.
Third-party Content & Services
DR2DOC may make third-party services available through the Service. For example, DR2DOCmay enable you to integrate your DR2DOC Health Portal with third-party personal health records. In order to use a specific available service, you must inform DR2DOC that you would like to: (a) allow the third-party Service Provider to retrieve, provide, and/or modify PHR Data in your account or (b) otherwise share your PHR Data with the third-party Service Provider. Once you authorize a specific third-party Service Provider to access your account, the Service Provider may continue to access your account until you affirmatively disable access. Third-party Service Providers may include both Providers and other entities. You are solely responsible for reviewing and approving each such third-party before sharing your PHR Data through the Service or otherwise allowing them to access it. If you elect to use any service DR2DOC adds to or enables within the Service, such election constitutes your authorization and consent to sharing your Personal Information with all authorized third-parties.
DR2DOC is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy. DR2DOC further does not endorse any third-party Service Providers (including Providers), products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK. DR2DOC MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
Not Medical Advice
You acknowledge and agree that neither DR2DOC nor the Service offers medical advice. Any content or data accessed through the Service is for informational purposes only and is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. DR2DOC, its licensors and Service Providers are not responsible for the accuracy, timeliness, or completeness of your Personal Information, or for any reliance by you or any medical professional on your Personal Information within DR2DOC. DR2DOC is not responsible for any Provider's reliance or non-reliance on yourDR2DOC Health Portal, Personal Information, PHR Data or the accuracy thereof.
DR2DOC may enable a tool within the Service that allows you to review and/or request a renewal of prescriptions from your authorized Providers. If you use the Service to review or request a renewal of a prescription, you agree that it is up to you to (a) verify that you have obtained the intended prescription and medication; (b) review all accompanying labels, instructions and information; and (c) contact your Provider with any questions or concerns regarding your prescriptions. DR2DOC, its licensors and Service Providers are not responsible for any inaccuracy in prescriptions, medications, or the way in which you take such medications.
DR2DOC Proprietary Rights
Restrictions on Use
Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this Service; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Service or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Service); (j) post "spam," transmit chain letters or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; (o) access the Service other than by the interfaces provided by DR2DOC.COM; (p) create, transmit, or display health or other information that you do not own or do not have the right to use; or, (q) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by DR2DOC.COM, may harm DR2DOC.COM or users of the Service or expose them to liability.
You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, (iii) take any action that imposes an unreasonable or disproportionately large load on DR2DOC.COMs' infrastructure, or (iv) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
Modification and Termination
DR2DOC may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice. Additionally, notwithstanding the rights you may have to the Personal Information and/or PHR Data in your DR2DOC Health Portal, if any, DR2DOC may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement. The connection to your Provider may be modified, suspended, or terminated by your Provider at any time and without notice, however, you will still have access to your DR2DOC account. In addition, except with respect to an Authorized Individual-Representative who establishes an account on behalf of a Dependent, DR2DOC will terminate your account within thirty (30) days of its receipt of a death certificate certifying your death. With respect to an Authorized Individual-Representative, DR2DOC will terminate all accounts associated with such Authorized Individual-Representative within thirty (30) days of its receipt of a death certificate certifying the death of such Authorized Individual-Representative unless a Dependent also has a living Authorized Individual-Representative associated with the account. Accordingly, you are solely responsible for maintaining your own copies of any PHR Data or Personal Information maintained within the Service or of any communications received through the Service. DR2DOC assumes no liability for any information removed from the Service. DR2DOC also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. Upon any termination of your access to the Service, you must cease all use of the Service.
You also have the right to terminate your DR2DOC account. You may end your DR2DOC account at any time by notifying the staff at DR2DOC by email address firstname.lastname@example.org.
Exclusion of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER DR2DOC NOR ANY OF DR2DOC' LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER DR2DOC NOR ANY OF DR2DOCS' LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER DR2DOC NOR ANY OF DR2DOCS' LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
Limitation of Liability
NEITHER DR2DOC NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY DR2DOC AND WHETHER OR NOT DR2DOC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
Law and Venue
General Legal Terms
"Service"). DR2DOC is located at 101 West Randol Mill, ste 120 Arlington, Texas 76011. All references to DR2DOC include its subsidiaries or affiliates involved in providing the Service. All references to you include your Authorized Individuals, if any.
- Activity Logs
Activity logs are DR2DOCs' and its Service Providers' records of when PHR Data is created, accessed, modified, deleted, released, or exported from and/or within the PHR.
- Aggregate Data
Aggregate Data is PHR Data that is: (1) grouped so it does not connect to you as an individual and (2) has names and other identifiers removed or altered. In other words, Aggregate Data is de-identified data and cannot be used to identify you as an individual.
- Authorized Individuals
An Authorized Individual is someone you authorize to access your DR2DOC Health Portal on your behalf.
A Dependent is a minor child or other individual over whom an Authorized Individual has legal authority.
"PHR" means Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share your health information. The DR2DOC Health Portal is a PHR.
- PHR Data
When you sign up for the DR2DOC Health Portal, you provide and/or you authorize all or some of your Providers to provide to the DR2DOC Health Portal information about you. This information makes up PHR Data. Any information in the DR2DOC Health Portal is considered PHR Data. PHR Data might include, but is not limited to the following:
o Your name and contact information, such as your address, phone number, or email address
o Your medical history, conditions, treatments, and medications
o Your healthcare claims, health plan account numbers, bills, and insurance information
o Demographic information, such as your age, gender, ethnicity, and occupation
o Computer information, such as your IP address and "cookie" preferences
As described further below, DR2DOC may use your PHR Data to achieve the following:
o Operate and manage the DR2DOC Health Portal platform, software, and website
o Maintain and protect its computer systems
Comply with the law, such as responding to subpoenas and search warrants
B. PHR Data includes Personal Information and Aggregate Data
- Personal Information
Personal Information means information about you that reasonably can be linked to you such as your name, health information, and other identifiers. Personal Information may also include but is not limited to your financial information or social security number.
A healthcare provider, healthcare practice, or hospital that you authorize to provide information to your DR2DOC HEALTH PORTAL. When you sign up for the DR2DOC Health Portal, you may provide authorization for a healthcare practice or hospital, and associated authorized users to send Personal Information to your PHR.
DR2DOC and our Service Providers might report about business activities and customers (you) to others, such as investors, auditors, potential business partners, or public communities. Reports will not include Personal Information without your specific permission or as permitted or required by law.
- Service Providers
A Service Provider is an entity that is hired to perform certain functions for DR2DOC to support the development, maintenance, and implementation of DR2DOC Health Portal. Service Providers may include software or website designers and data storage providers.
- Security Measures
Security measures can include computer safeguards, secured files, and employee security training. In addition, DR2DOC may be required by law to notify you about particular data breaches.
C. What Information DR2DOC Collects
1. Before you register for the Service, DR2DOC may collect your information in two ways: (1) if you contact DR2DOC through the Internet and provide DR2DOC with your contact information (e.g., name, mailing address, email address and other information); (2) DR2DOC may obtain your contact information from a healthcare Provider with which DR2DOC partners. In either case, DR2DOC will use such information for the sole purpose of informing you about the Service and inviting you to register for the Service.
3. In general, DR2DOC collects all information that you supply directly to the Service. DR2DOC also may collect information from participating Providers whom you expressly authorize to use the Service with respect to you and your information (each, a "Provider" and collectively, the "Providers"). By authorizing a Provider, you also authorize DR2DOC to collect information regarding you from your Provider's support staff and from other practitioners affiliated with your Provider or in your Provider's practice. Further, DR2DOC may collect information from other third party information providers that you expressly authorize to send information to your DR2DOC account (e.g., the Google Health Personal Health Record system).
4. DR2DOC passively collects information from you as you navigate through our Service. DR2DOC may track IP addresses, use industry standard tracking devices (e.g., session and persistent cookies, flash cookies, web beacons), and electronically gather information about the technology you use to access the Service and the areas of the Service you utilize. DR2DOC passively collects this information for operational purposes such as evaluating, updating and improving the Service.
D. How DR2DOC Uses Your Information
2. If you choose to authorize a Provider to participate in the Service with you, then DR2DOC may use your information to facilitate the exchange of information and communication between you and your Provider (e.g., the Service would enable you to schedule an appointment with your Provider and receive an appointment reminder in return).
5. If you elect to utilize any billing services features of the Service, DR2DOC also may use your information to process payments, send invoices and conduct other billing-related activities as requested by you.
E. Sharing Your Information With Third Parties
1. DR2DOC may make your Personal Information available to third parties participating in the Service that are authorized by you or as necessary to complete transactions you authorize.
2. DR2DOC may disclose your Personal Information to DR2DOCs' Service Providers that provide technical support or other services to DR2DOC related to the Service. All such Service Providers are subject to confidentiality obligations and may only access and utilize your data for purposes of fulfilling their obligations to DR2DOC.
3. DR2DOC may provide or sell Aggregate Data that is de-identified to third parties. However, Aggregate Data will not include any of your Personal Information or be individually identifiable.
F. Choices You Have About How DR2DOC Uses Your Information
1. Managing Your Account. You have the following choices regarding the Personal Information you provide to DR2DOC for use:
You may access your DR2DOC account at any time to review your PHR Data. To request a change to any of your Personal Information, please contact your healthcare provider or the organization that provided the Personal Information for your DR2DOC account. For technical questions related to the DR2DOC Health Portal, pleaseaccess the email support link at email@example.com.
b. You may opt out of receiving communications from your Provider with regard to the Service by changing your account settings or, if the account settings feature is unavailable, by notifying DR2DOC at firstname.lastname@example.org.
2. Authorized Individuals. You may grant access to your DR2DOCaccount to one or more Authorized Individuals or Authorized Individual-Representatives. You may grant an Authorized Individual access to your DR2DOC account by specifically authorizing DR2DOC to permit access by such Authorized Individual to your DR2DOC account. When you grant access to an Authorized Individual, you may permit the Authorized Individual to: (a) have the same level of access to your DR2DOC account as you have, i.e., the Authorized Individual will be authorized to access your DR2DOC health portal and to communicate with your Providers and/or engage in other transactions with your Providers to the same extent that you are able using DR2DOC; or (b) have "read-only" access to your DR2DOC account, i.e., the Authorized Individual will be authorized to access and read your DR2DOC health record ONLY, and will NOT be able to communicate with or otherwise engage in transactions with your Providers. Whether or not to grant an Authorized Individual full-access or read-only access to your DR2DOC account is your decision. You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) DR2DOC has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual or Authorized Individual-Representative.
3. Deactivating a Provider, Other Third-Party or Authorized Individual. You may revoke any Provider's, third-party's, or Authorized Individual's authorization to communicate with you, or request information from you or your DR2DOC Health Portal through the Service by utilizing the account management tool of the Service. Once revoked, the Provider, third-party, or Authorized Individual may no longer access and use the Service with respect to you and your Personal Information. Any disclosure of your PHR Data or Personal Information made prior to the authorization revocation cannot be recalled, removed, or retrieved by DR2DOC. By using the Service, you agree that DR2DOC cannot, and has no obligation to, remove Personal Information from your Provider's, other third-party's or Authorized Individual's records once properly disclosed.
4. Terminating Your Account. You may terminate your DR2DOC account at any time by notifying us at email@example.com. In addition, except with respect to an Authorized Individual-Representative who establishes an account on behalf of a Dependent, DR2DOC will terminate your account within thirty (30) days of its receipt of a death certificate certifying your death. With respect to an Authorized Individual-Representative, DR2DOCwill terminate all accounts associated with such
Authorized Individual-Representative within thirty (30) days of its receipt of a death certificate certifying the death of such Authorized Individual-Representative unless a Dependent also has a living Authorized Individual-Representative associated with the account. Otherwise, DR2DOC will maintain and/or destroy all PHR Data and Personal Information associated with your account in accordance with its then current document retention and destruction policies. Please note that copies of your Personal Information may remain in your Providers', other third-parties' and Authorized Individual-Representative's and/or Authorized Individual's records, as described in Section F.3, above.
G. Data from Children Under the Age of 18
An Authorized Individual-Representative may authorize and/or have access to DR2DOC Health Portal for a Dependent. Through the account, the Authorized Individual-Representative may: (a) review and update the Dependent's personal health record as maintained on DR2DOC; and (b) engage in such communications and transactions as permitted between the Authorized Individual-Representative and the Dependent's Providers through theDR2DOC Health Portal. Accounts created for Dependents are specific to each healthcare Provider. Thus, an Authorized Individual-Representative will have to specifically authorize each Provider to establish a DR2DOC account in the name of the Dependent. A Dependent's DR2DOC account will be linked to an Authorized Individual-Representative's DR2DOC Health Portal account until the earlier of the date: (i) the Dependent reaches the age of 18; (ii) the Authorized Individual-Representative is no longer the legal representative of the Dependent; or, (iii) DR2DOC is notified by the Dependent's Provider or a court of law or agency with appropriate authority that the Dependent has been emancipated, attained legal custody of his or her own health information, or that a different Authorized Individual-Representative has been named. Each Authorized Individual-Representative agrees that a Dependent's DR2DOC account also may be linked to the DR2DOC account of another Authorized Individual-Representative, and each Authorized Individual-Representative will have the same rights to access and communicate through the Dependent's DR2DOC account.
H. How DR2DOC Protects Your Information
DR2DOC uses both technical and procedural Security Measures to maintain the integrity and security of the DR2DOC Health Portal and other databases, including the use of firewalls.DR2DOC encrypts all PHR Data during transmission between your Provider and DR2DOC. Within DR2DOC, all Personal Information is encrypted at three levels: each individual has a unique encryption key; demographic information is encrypted; and clinical data is separately encrypted.
The safety and security of your Personal Information also depends on you. Never share your password with anyone else. Notify DR2DOC promptly if you believe your password has been breached. Also, remember to log off of the DR2DOC site before you leave your computer. Try to not log into your DR2DOC account on a public computer.
I. Security Breach Notification Requirements
Pursuant to applicable law, DR2DOC may be required to send you notice of security breaches or suspected security breaches that impact your Personal Information. In the unlikely event that DR2DOC must provide you a notice of a security breach, DR2DOC will send you security breach notices to the e-mail address contained in your account information unless we are otherwise require by law. Please note: many e-mail systems have built in SPAM filters. If you have one in place, you should check with your system administrator or the available instructions to confirm that e-mails from DR2DOC are not blocked by the filter (e.g., by confirming that the Service domain name (DR2DOC.COM) is a permitted domain name.
K. More information
If you have additional questions, please contact DR2DOC any time by email firstname.lastname@example.org. Or write to the company at:
ATTN: Privacy Matters
101 West Randol Mill, ste 120
Arlington, Texas, 76011 (USA)
25 MARCH 2019
Healthcare Provider And Facility User Agreement
Last updated: March 24, 2019
I. Introduction and Eligibility
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.
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.
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.
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.
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.
Last updated: February 3, 2019
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;
• 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:
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.
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.
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.
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
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.
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.
If you have questions regarding this Policy, please contact us at:
101 W. Randol Mill Rd, Suite 120
Arlington, TX 76011