Terms of Use Agreement

1.   General Terms
A.   The web-application with the url address https://www.myowndoctor.com and any sub-sites related thereto are owned and operated by myowndoc+or, LLC, a Delaware corporation, ("myowndoc+or"). Any text, graphics, images and other material created by myowndoc+or is myowndoc+or content.
B.   The following terms and conditions govern all use of myowndoc+or Content, services and products provided by myowndoc+or ("Service", "Services", "Web-application", "Web-applications", "Product" or "Products").
C.   The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by myowndoc+or (collectively, the "Terms of Use Agreement").
D.   By accessing or using the myowndoc+or Service, you agree to become bound by the terms and conditions of this Terms of Use Agreement.
E.   If you do not agree to all the terms and conditions of this Terms of Use Agreement, then you may not access or use the myowndoc+tor Web-application.
F.   If these terms and conditions are considered an offer by myowndoc+or, acceptance is expressly limited to these terms.
G.   The myowndoc+or Service is available only to individuals who are at least 18 years of age or for individuals less than 18 years of age, when services are used by their parent or legal guardian on their behalf.
H.   When you sign up for myowndoc+or you verify that you've read and agree to this Terms of Use Agreement.
I.   The length or term of this agreement is based on the billing option selected unless terminated before in accordance with the provisions under the section herein called "Termination".
2.   Minimum System Requirements
A.   In order to achieve a positive user experience, the following components are required to access all myowndoc+or Web-application and Services:
B.   Operating System: PC: Windows 7 or later; Mac OS X 10.6 or later
C.   Browser: The most recently-published versions of Google Chrome
D.   Java (most recent version available).
E.   High-speed internet: A consistent, high-speed connection is required. Mobile tethering, hotspots, slow or inconsistent public Wi-Fi networks may create latency or slow response or disconnection when using video conferencing.
F.   To accessmyowndoc+or from a computer, laptop, or Android tablet launch Google Chrome and type in myowndoctor.com. Access to myowndoc+or from an Android phone, or IOS tablet, or IOS phone will be available in 2Q2015.
3.   What Myowndoc+or Is and Is Not
A.    myowndoc+or is:
I. A software provider only.
II. A company that provides software that can be used by your healthcare provider or doctor to virtualize patient consultation using advanced secure video conferencing technology.
III. A company that provides software that can be used by your healthcare provider or doctor to transfer medical knowledge and best practices to patients by using advanced secure technologies for information sessions / webinars; knowledge library; and communication tools including discussion threads; bulletin boards; text, audio and video chat; and uploaded provider videos.
IV. A company that provides software that can be used to put medical practices online.
V. A company that provides software that can be used by our healthcare provider or doctor to communicate with patients by using secure messaging to answer questions, confirm appointments, approve prescription refills, and to perform other activities as defined by your healthcare provider and doctor.
VI.
VII. A company whose services are appropriate for virtual consults but is not a substitute for: health insurance, or regular in-person health care interactions, and as such, you agree not to use Myowndoc+or as a substitute for health insurance or from time to time seeing a primary care doctor or specialist in- person.
B.    Myowndoc+or is not:
I. A provider of medicine or medical services or medical information.
II. A substitute or replacement for medicine or medical services or medical information.
III. A software product or service that should be used for medical emergencies.
IV. A company that employs physicians, medical experts or medical professionals to practice medicine, or dispense clinical or medical advice. Any opinions, advice, or information expressed by any such individuals when using myowndoc+or are those of the healthcare provider or doctor alone, and they do not constitute the opinion or opinions of myowndoc+or. Furthermore, myowndoc+or does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned within the myowndoc+or Web-application.
V. A company that reviews healthcare provider credentials, qualify, or in any way rate the abilities of any healthcare provider that might be on the myowndoc+or Web-application or use its Services. TO THE DRGREE ANY SUCH INFORMATION IS INFERRED.
VI.
4.   myowndoc+or is Not Responsible for Medical Content within myowndoc+or
A.   You acknowledge and agree that myowndoc+or has not reviewed, and cannot review, all of the information and content provide by healthcare providers posted or linked to within myowndoc+or.com. You agree that myowndoc+or is not responsible for this content, its use or effects.
B.   You acknowledge and agree that myowndoc+or does not represent or imply that it endorses the content posted or linked to within myowndoc+or, or that it believes such material to be accurate, useful or non-harmful. You further agree you are responsible for taking precautions as are necessary to protect yourself, and your health regarding any content shared on myowndoc+or.
C.   You acknowledge and agree that because of the medical nature of some information, myowndoc+or may contain content that is graphic, offensive or otherwise objectionable.
D.  
E.   You acknowledge and agree that myowndoc+or does not represent, nor endorse, norhave any control over, nor is responsible for linked to websites and web pages within myowndoc+or.
5.   Patient User Obligations
A.   You agree to maintain the security of your user name and login password and pin.
B.   You agree to make secure any confidential information related to you.
C.   You agree that you are responsible for any access or information given to caregivers.
D.   You agree you are responsible for taking precautions as are necessary to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
E.   You agree to immediately notify myowndoc+or of any unauthorized uses of your account, or any other breaches of security.
F.   You agree not post any material that is pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
G.   G.You agree to make payments to myowndoc+or consistent with payment terms to which you have agreed, and as referenced below, under "Payments", when applicable.
H.   You acknowledge and agree that you are responsible for content or information you providewhen using myowndoc+or communication tools including practice bulletins/forums, discussions threads, and/or text/audio/video chat. You also acknowledge that you are participating in forums that allow you to communicate and share information amongst other patients, doctors and medical staff personnel.
I.   You acknowledge and agree that should you divulge Patient Content that is personal health information, as defined by the Health Insurance Portability and Accountability Act, or the Health Insurance Portability and Accountability Act, as amended ("PHI"), to anyone other than your healthcare provider, as part of engaging in practice bulletins/forums, discussion threads, and/or chat within myowndoc+or's web-application(s) , you waive all rights with respect to disclosure of your PHI and shall hold myowndoc+or harmless.
J.   You acknowledge and agree that other than PHI, in cases where the content is public, myowndoc+or may use the content, for purposes of health analytics.
K.   You acknowledge and agree that you are responsible for taking precautions as are necessary to protect yourself and your health regarding any content or information you might see on or use from website linked to or from myowndoc+or.
L.  
6.   Myowndoc+or's Right to Remove Any Content
You acknowledge and agree that myowndoc+or reserves the right, but not the obligation, to, at its sole discretion, (i) refuse or remove any content that, in myowndoc+or's reasonable opinion, violates any myowndoc+or policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the myowndoc+or web-application(s) to any individual or entity for any reason.
7.   7.Copyright Infringement and DMCA Policy
A.   myowndoc+or will respond to all such notices of intellectual property right(s) infringement , which might include removal of the infringing material or disabling all links to the infringing material. In the case of a person who may infringe or repeatedly infringes the copyrights or other intellectual property rights of myowndoc+or or others, myowndoc+or may, at its sole discretion, terminate or deny access to and use of the myowndoc+or Services.
B.   You acknowledge and agree that in the case of such termination, myowndoc+or will have no obligation to provide a refund of any amounts previously paid to myowndoc+or.
8.   Intellectual Property
A.   This Terms of Use Agreement does not transfer from myowndoc+or to you any myownmyowndoc+or or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with myowndoc+or.
B.   The myowndoc+or logo, and all other trademarks, service marks, and graphics used in connection with the myowndoc+or Services are trademarks or registered trademarks of myowndoc+or or myowndoc+or's licensors. Your use of the myowndoc+or Services does not grant you rights or license to reproduce or otherwise use any myowndoc+or or third-party trademarks.
9.   Advertising & Promotion
A.   By using myowndoc+or, you consent to receiving promotional materials from myowndoc+or, as well as sponsors of myowndoc+or or sponsors of healthcare providers that license myowndoc+or.
B.   myowndoc+or and its sponsors may use non-personally identifiable information that you have provided in your profile or otherwise provided to myowndoc+or, such as your age, gender, language, country of residence, time zone, chronic illness, as well as information about your relationship with the myowndoc+or Services in order to provide offers and promotional materials likely to be of greater interest to you and to help myowndoc+or measure and improve the performance of its promotional campaigns. You may opt out of promotional communications at any time by clicking on the "Opt Out" link at the bottom of emails, or managing your Communications Settings in your profile.
10. Payment
A.   Certain myowndoc+or services require payment to myowndoc+or.
B.   You will be required to provide credit or debit card number and related payment information to purchase such myowndoc+or services; payment method options may change from time to time. Unless otherwise stated, all fees are quoted in U.S. dollars.
C.   You are responsible for paying all software license and professional service fees, and applicable taxes associated with myowndoc+or services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
D.  
E.   We will bill applicable fees using the Payment Method you selected per the terms to which you have agreed. Your subscription will automatically renew unless you terminate the service agreement prior to end of service date.
11. Amendments
A.   You acknowledge and agree that myowndoc+or reserves the right, at its sole discretion, to modify or replace any part of this Agreement.
B.   You acknowledge and agree that it is your responsibility to check this Terms of Use Agreement periodically for changes.
C.   You acknowledge and agree that your continued use of the myowndoc+or Services following the posting of any changes to this Terms of Use Agreement constitutes acceptance of those changes. myowndoc+or may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
D.   You acknowledge and agree that myowndoc+or may send notices from time-to-time of such changes but it is under no obligation to do so.
12. Termination
A.   You may terminate use of Services at any time by simply not paying.
B.   myowndoc+or may terminate your use of the myowndoc+or Services for violations of any of your obligations as stated in this Terms of Use Agreement, without notice.
C.   All provisions of this Terms of Use Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties
THE MYOWNDOC+OR SERVICES AND THE MYOWNDOC+OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYOWNDOC+OR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. MYOWNDOC+OR DOES NOT REPRESENT OR WARRANT THAT THE MYOWNDOC+OR SERVICES OR THE MYOWNDOC+OR CONTENT, OR ANY PORTION THEREOF, IS OR WILL BE FREE OF DEFECTS OR ERRORS (OR THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED), VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS. FURTHER, MYOWNDOC+OR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MYOWNDOC+OR SERVICES, OR ANY PORTION THEREOF, IN TERMS OF ITS CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, OR OTHERWISE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF THIS EXCLUSION IS HELD UNENFORCEABLE, THEN ALL EXPRESS AND IMPLIED WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF FIFTEEN (15) DAYS AFTER THE DELIVERABLE DATE, AND NO WARRANTIES WILL APPLY AFTER THAT PERIOD.
14. Limitation of Liability; No Consequential Damages
NEITHER MYOWNDOC+OR NOR ITS AFFILIATES AND SUBSIDIARIES NOR ANY OF THEIR SUPPLIERS WILL BE LIABLE TO CLIENT OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING OUT OF THE POSSESSION OF, ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE MYOWNDOC+OR SERVICES OR THE MYOWNDOC+OR CONTENT, OR ANY PORTION, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DATA LOSS, COST OF PROCUREMENT FOR SUBSTITUTE GOODS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF MYOWNDOC+OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM OR LIABILITY IS BASED UPON ANY CONTRACT, TORT, BREACH OF WARRANTY OR OTHER LEGAL OR EQUITABLE THEORY. CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE PARTICIPATION IN AND USE OF THE MYOWNDOC+OR SERVICES AND THE MYOWNDOC+OR CONTENT IS DONE AT CLIENT'S OWN RISK AND THAT CLIENT IS SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE SUSTAINED TO CLIENT'S COMPUTER SYSTEM, NETWORK OR DATA RESULTING FROM SUCH PARTICIPATION OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
15. Indemnity
By using the myowndoc+or Services, you agree to indemnify, defend and hold myowndoc+or and its affiliates and subsidiaries, and each of their officers, directors, employees, agents, co-branders or other partners (as well as each of their suppliers), successors and permitted assigns ("Indemnified Parties") harmless from and against any third party claim or action, including any liability, cost, losses, damages, expenses, and attorney's fees, arising from or in any way related to your access, use or participation in the myowndoc+or Services (including claims related to any use of the myowndoc+or Services with software, data, content, systems, or other technology not provided by myowndoc+or), any violation of this Agreement, or any alleged infringement of a patent, copyright, trademark, trade secret, or other intellectual property right.
16. Entire Agreement
This Terms of Use Agreement constitutes the entire Terms of Use Agreement between myowndoc+or and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of myowndoc+or, or by the posting a revised version on myowndoc+or.
17. Applicable Law and Venue
This Terms of Use Agreement will be governed by the laws of the state of Illinois without application of its conflict of laws principles. Any suit relating to this Terms of Use Agreement will be instituted in a state or federal court in Cook County, Illinois, and by using the myowndoc+or services you irrevocably consent and waive all objections to the jurisdiction of any such court. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cook County, Illinois. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Terms of Use Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Chicago, Illinois, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Terms of Use Agreement shall be entitled to costs and attorneys' fees.
18. Survival
Any term or condition of this Terms of Use Agreement that by its nature would logically survive termination or expiration, including but not limited to protections of proprietary rights, indemnifications, and limitations of liability, will survive such termination or expiration.
19. Waiver
A waiver by either party of any term or condition of this Terms of Use Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Terms of Use Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; myowndoc+or may assign its rights under this Terms of Use Agreement without condition.