Terms Of Service

These Terms of Service govern your use of all Web sites owned or operated by Medocity, Inc. (“Medocity”), including, without limitation, the iCancerHealth mobile application, CHF Care, COPD Care, Silver, Home Health, Clinical Trials, Doctor MD and associated services (collectively, the “Services”). Please read these Terms of Service carefully. These Terms of Service constitute a binding agreement between you and Medocity regarding your use of the Services. By using the Services, you agree to be bound by these Terms of Service and the Medocity Privacy Policy Privacy Policy. If you do not agree to any provision of these agreements, you may not use the Services.

1. Minors

The Services are intended solely for users 13 years of age and older, and you must be at least 13 years old to use the Services. By accessing and using the Services, you represent and warrant that you are at least 13 years old. Adults may establish accounts that include information regarding their children. However, such accounts are designed and intended only for adult users with children, and may not be directly accessed or used by children under the age of 13.

2. Terms of Service Changes

Medocity may, in its sole and absolute discretion, change these Terms of Service from time to time, including without limitation instituting a fee or charge to use the Services, or changing the fees or charges to use the Services. Medocity will post a copy of the Terms of Service as changed on the Services. Your continued use of the Services constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Services.

3. Username and Password

In order to use the Services and interact with others, you must create an account with Medocity and establish a username and password. You must use your account, username and password solely in accordance with these Terms of Service. You are solely responsible for maintaining the security of your username and password and any activity that occurs under your account. You will promptly notify Medocity via e-mail [security@medocity.com] if you learn of or suspect any loss, theft or unauthorized use of your account, username or password.

4. No Medical Advice and No Doctor-Patient Relationship

INFORMATION SUPPLIED BY MEDOCITY ON OR THROUGH THE SERVICES IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING ANY QUESTIONS YOU HAVE ABOUT PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES. NO MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BETWEEN MEDOCITY AND YOU BY YOUR USE OF INFORMATION PROVIDED ON OR THROUGH THE SERVICES. IF YOU HAVE OR SUSPECT THAT YOU HAVE AN EMERGENCY MEDICAL PROBLEM, CONTACT YOUR PHYSICIAN OR 911 IMMEDIATELY.

MEDOCITY DOES NOT MAKE ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF CARE, OR OTHER INFORMATION RELATING TO ANY HEALTH CARE PROFESSIONAL MENTIONED ON THE SERVICES. MEDOCITY DOES NOT RECOMMEND OR ENDORSE ANY THIRD-PARTY PRODUCT, SERVICE, INFORMATION, OR MATERIAL MENTIONED ON THE SERVICES OR OFFERED THROUGH THE SERVICES, AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR DECISION TO USE OR RELY ON ANY SUCH THIRD-PARTY PRODUCT, SERVICE, INFORMATION, OR MATERIAL.

5. Privacy Policy

Medocity may use any information Medocity obtains about you in accordance with the provisions of Medocity’s Privacy Policy Privacy Policy.

6. Ownership

The content on the Services, other than Submissions (defined below), including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”), as well as certain other of the names, logos, and materials displayed on or through the Services that constitute trademarks (“Marks”) are owned by or licensed to Medocity and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.

7. Use of the Services and Content

You may not reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Services, or any portion of the Services, including, without limitation, Content and Marks, except as authorized by these Terms of Service. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. The Services are provided for your personal, non-commercial use only.
Prohibited activities include, without limitation, the following:

  • violating any local, state, national, or international law or regulation;
  • violating the contractual, personal, proprietary, or other rights of any person or entity, or uploading or transmitting any communications or content of any type that infringes or violates any rights of any person or entity, including, without limitation, transmitting or posting the personal health or medical information of another individual without such individual’s express prior consent;
  • transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable;
  • transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • stalking, harassing, or harming another individual;
  • collecting personal information, including, without limitation, account names or e-mail addresses, of other users from the Services through automated means or otherwise;
  • impersonating any person or entity, including, without limitation, an Medocity representative or qualified health care professional, or otherwise misrepresenting your affiliation with a person or entity;
  • interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Services;
  • attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the Services;
  • attempting to interfere with any security feature of the Services, or circumvent, disable or interfere with any copyright management or other technological measure that effectively controls access to, use or copying of content of the Services; and
  • launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to the Services in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.

8. Applicable Third Party Terms of Service
The Services are available on a number of different operating platforms, including, but not limited to, the Apple iOS for mobile devices such as the Apple iPhone, iPad and iPod Touch. Please be aware that your activities on each of these platforms are also subject to the terms of service for such platforms. For example, you can find the Apple iOS terms of service here.

9. Submissions

The Services may enable you to submit content to the Services ( “Submissions”) for hosting, display, and distribution to other users of the Services, such as posting messages and other content to community and interactive areas of the Services. When you provide Medocity with a Submission, you hereby grant to Medocity and its affiliates, representatives and assigns a non-exclusive, worldwide, fully paid, royalty free, transferable, sub-licensable license and permission to display, publicly perform, distribute, store, transcode, syndicate (including, without limitation, syndication through third-party Web sites), broadcast, transmit, reproduce, edit, modify, create derivative works of, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. Submissions are available to all users of the Services. Medocity reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote your Submissions, the Services, and Medocity. Medocity reserves the right to modify Submissions in its sole and absolute discretion. Medocity is not required to host, display, or distribute any Submissions, and may delete, move, or edit Submissions at any time.

Medocity does not, as part of a regular, established practice, monitor, control, or have knowledge of any Submissions transmitted on or through the Services. You agree that you are solely responsible for all Submissions you transmit and receive on or through the Services.

You represent and warrant that:

  • you own all rights in your Submissions or, alternatively, you have acquired all necessary rights and permissions to enable you to grant to Medocity the rights in your Submissions described herein; and
  • your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third-party.
You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to Medocity upon Medocity’s request.

10. Digital Millennium Copyright Act

Medocity respects the intellectual property rights of others. Upon proper notice, Medocity will remove Submissions or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Medocity has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Medocity’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit Medocity to locate the material on the Services;
  • information reasonably sufficient to permit Medocity to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.
Please send all of the above enumerated information to the following Medocity copyright agent:

MMedocity, Inc.
44 Whippany Road, Suite 108,
Morristown, NJ 07960
Tel: 973-679-8240
Email: security@medocity.com

Please do not send notices or inquiries unrelated to alleged copyright infringement to Medocity’s designated agent.

11. Links to and from other Web Sites

Medocity permits the linking to the Services from any other Web site so long as the linking Web site does not contain libelous, defamatory, obscene, illegal, or otherwise objectionable content in Medocity’s sole determination. Any link must not frame the Services and must be to the entire Services rather than to a particular page or graphic. Medocity reserves the right to request any linking Web site to remove such link to the Services for any reason or for no reason. Any linking Web site agrees to comply with such a request within 24 hours of receipt of such a request from Medocity. The Services may provide, or users of the Services may provide, links to other Web sites or resources. Because we have no control over such third-party Web sites and resources, you acknowledge and agree that Medocity is not responsible for the availability of such Web sites or resources, and Medocity does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You further acknowledge and agree that Medocity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products, or services available on or through any such Web site or resource.

12. Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND MATERIAL MADE AVAILABLE, DESCRIBED OR ACCESSED THROUGH THE SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MEDOCITY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ANY OF THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY INVOLVED IN DISTRIBUTING AND/OR DELIVERING THE SERVICES) (COLLECTIVELY, THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, AND NON-INFRINGEMENT), WITH RESPECT TO THE SERVICES. MEDOCITY MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, QUALITY, RELIABILITY, OR COMPLETENESS OF CONTENT, INFORMATION, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INFORMATION, OR MATERIAL OBTAINED FROM THE USE OF THE SERVICES;
  • PERPERSONAL INJURY OR OTHER HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY; AND
  • FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES.
MEDOCITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDOCITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU UNDERSTAND AND AGREE THAT RELIANCE UPON ANY ADVICE OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND MEDOCITY SHALL NOT BE LIABLE FOR YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDOCITY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13. Limitation of Liability

YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SERVICES; (B) THE UNAVAILABILITY OF THE SERVICES OR INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICES; (C) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES OR OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES; (D) THE ACTIONS OF OTHER USERS OF THE SITE OR OF ANY THIRD-PARTY; OR (E) THE UNINTENTIONAL DISCLOSURE OF INFORMATION STORED ON OR TRANSMITTED THROUGH THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF MEDOCITY IS FOUND TO BE LIABLE, MEDOCITY’S LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED $100.

14. Exclusions and Limitations

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 and disclaimers may not apply to you. To the extent the Released Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Released Parties’ liability shall be the minimum permitted under such applicable law.

15. Indemnity

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions, or any other content) submitted, posted, or transmitted on or through the Services through your account; (b) the use of the Services under your account; including any violation of these Terms of Service and any violation of any rights of any other person or entity, including, without limitation, any intellectual property right, privacy right, or any other legally protected right of any person or entity. Medocity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Medocity in asserting any available defenses.

16. Force Majeure

Without limiting the foregoing, under no circumstances will Medocity be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

17. Termination

If you violate any of these Terms of Service, your permission to use the Services automatically terminates.

18. Modifications to the Services

Medocity reserves the right to modify or discontinue the Services with or without notice to you. Medocity shall not be liable to you or any third-party should Medocity exercise its right to modify or discontinue the Services.

19. Arbitration

You and Medocity agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Medocity hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Medocity relating to the Site or Service or these Terms (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Medocity will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Medocity also have the right to bring qualifying claims in small claims court. In addition, you and Medocity retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this arbitration agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this arbitration agreement.

Neither you nor Medocity may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Medocity’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or effect any other portion of these Terms. This Section will survive the termination of your relationship with Medocity.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MEDOCITY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

20. CLASS ACTION WAIVER

YOU AND MEDOCITY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR MEDOCITY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR MEDOCITY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND MEDOCITY FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, MEDOCITY, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

21. Other Provisions

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. The failure of Medocity to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. These Terms of Service, together with Medocity’s Privacy Policy [http://www.medocity.com/terms-of-service] and any other rules or guidelines posted in connection with the Services, are the entire and exclusive agreement between Medocity and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between Medocity and you regarding the Services.

Effective Date: 1/7/14