The Collective Knowledge of The Global Medical Community
DocMatter brings the knowledge of the medical community to your fingertips. Explore the new paradigm of learning and sharing information through the first global knowledge and discussion forum for medical professionals. Expand your information base by leveraging the collective experience of your peers, along with other thought leaders from top institutions and practices around the world. And increase your visibility in the community by contributing to ongoing discussions and beginning new ones.
Secure Exchange of Information You Care About
DocMatter fosters the dynamic, secure exchange of information among health care professionals--from clinical discussions to industry innovations to evolving guidelines to any topic you propose--and enables you to compile a unique discussion stream to focus on high value conversations. You control your profile, connections and level of interaction in the system--and you will not be subjected to advertising.
Membership is limited to health care professionals and the people who support them. The growth of the community is driven by existing members, with every member able to personally invite his or her peers to join. If you are a health care provider or in some professional capacity support the health care ecosystem and would like to join DocMatter directly, fill out the form on our signup page and our support team will be in touch to verify your information and welcome you to the community.
What You Know Matters!
As a new member, your first step is to create your network of connections, and follow products and specialties of interest. You are the center of your network, and in complete control of all things DocMatter. Every feature is designed to give you quick, easy, and individualized access to the most relevant professionals and data when you need it.
It's your stage. So get started, and build your profile with your professional background and areas of interest.
Your Needs Are Our Priorities
Our mission is to improve patient care by facilitating better collaboration among the best providers, researchers and industry experts. We are always eager to get feedback and questions from you. You can reach us through our support page, you can reach us by phone at 1-855-DOC-MATTER (1-855-362-6288), or by email at email@example.com. We are located in San Francisco, California. Give us a try any time. We are always happy to hear from our members.
Welcome to DocMatter!
Our Mission is to support the clinicians who have dedicated their lives to providing care for others. We endeavor to make teaching, learning from, and collaborating with your peers as simple, efficient and impactful as possible. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used, and with whom it is shared.
Last Revision: June 18, 2019
1. Data We Collect
When you interact with us through the Services, we may collect personal data and other information from you, as further described below:
Personal Data That You Provide Through the Services
We collect personal data from you when you voluntarily provide such information, such as when you contact us with inquiries, register for access to the Services (thus becoming a "Member"), or use certain Services. For example, when you register and use the Services, you provide us with information such as your name, email address, physical address, and telephone number.
You have control over the information you share in your Member profile, as well as content you share through the Services. If you share confidential information through the Services, there is no guarantee that information will stay confidential. Please think about this before you share.
Data from Others
In addition to information we collect from you, we may receive personal data about you through publicly available and other third-party sources, and through others' use of the Services, including other Members and DocMatter partner members. For example, we may acquire clinician or other lists from DocMatter partners.
Data Collected through Your Use of the Services
When you interact with DocMatter through the Services, we also passively receive and store certain information using various technologies, such as your Internet Protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, mobile carrier, mobile device type, details about your browser, operating system or device, and other unique identifiers. DocMatter may store such information itself or such information may be included in databases owned and maintained by DocMatter agents or service providers. The Services may use such information and pool it with other information to track use of the Services, including, for example, the total number of visitors, the number of visitors to each page, and the domain names of our visitors' internet service providers. Doing this allows us to continuously improve the Services for our Members.
Cookies, Pixels, and Other Technologies
In operating the Services, we may use technologies that are operationally necessary, performance-related, functionality-related, or Targeting-related to automatically collect information through the Services ("Technology" or "Technologies"). Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us to record certain pieces of information whenever you visit or interact with our Services.
One such Technology is called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services, help us analyze usage of the Services more accurately, and ensure you are able to stay logged in when you ask click "Remember Me" during the sign-in process.
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the features of the Services, such as enabling you to not have to log in each time you want to access the Services from your personal computer's browser.
We may also use a "pixel tag" (also known as a "web beacon"), which is a piece of code embedded within the Services that collects information about users' engagement on the Services.
We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop content. For more information about Google Analytics, please visit https://www.google.com/policies/privacy/partners/. You can opt out of Google's collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Services Via Mobile Devices
DocMatter provides Services that are specifically designed to be compatible and used on mobile devices. DocMatter will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. Mobile versions of DocMatter's Services may require that users log in with an account. In such cases, information about use of mobile versions of the Services may be associated with accounts. In addition, DocMatter may enable individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices, and may transmit personal data to DocMatter to enable individuals to access accounts and to enable DocMatter to track use of these tools.
Protected Health Information and Other Patient Information
DocMatter does not intentionally collect protected health information (as such term is defined in the Health Insurance Portability and Accountability Act of 1996 and the rules promulgated thereunder ("HIPAA")), personally identifiable information of patients, or other patient information. It is your responsibility to comply with HIPAA and any other confidentiality obligations that apply to you. If you have reason to believe that any such information is available through the Services, please contact us (contact information below).
2. Our Use of Personal Data and Other Information
Individuals who provide us with personal data, or whose personal data we obtain from third parties, may receive periodic emails or phone calls from us with information on the Services that we believe may be of interest. You may opt out of receiving communications regarding the Services at any time by contacting us at firstname.lastname@example.org.
DocMatter may use information about you to create aggregated information, such as demographic information, location information, or other analyses we create. Aggregated information is used for a variety of functions, including the measurement of visitors' interest in, and use of, various portions or features of the Services. Aggregated information is not personal data, and Members cannot be identified through such anonymized information. We may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information with third parties in a form that is designed to prevent anyone from identifying you.
DocMatter allows you to provide information about your colleagues or business contacts through our referral Services, which may allow you to forward or share certain content with said colleagues or business contacts, such as an email "Invite" to your colleagues or business contacts to use our Services. Email addresses that you may provide for a colleague or business contact will be used to send your colleague or business contact information about the Services.
DocMatter does not participate in behavioral or targeted advertising, either on the DocMatter Services or elsewhere. Additionally, DocMatter does not permit Members or others to advertise on the Services.
Research and Development
DocMatter may use personal data, alone or with information obtained from other sources, in order to help us to optimally deliver our existing Services or develop new Services. We may perform research (online and offline) via surveys or otherwise within specific, opt-in areas of the Services. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve individuals by learning more about their needs and the quality of the Services we provide. The survey responses may be utilized to determine the effectiveness of our Services. If an individual participates in a survey, the information given will be used along with that of other study participants.
Your activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your activity on your mobile device with your activity on your laptop to prevent unauthorized access to your account.
3. Our Disclosure of Personal Data and Other Information
DocMatter is not in the business of selling information. We consider information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share personal data with certain third parties without further notice to you, as set forth below:
Your Member Profile
Any personal data included in your profile will be available to other Members. Your contact information (email and phone number) will not be included in your profile, but we do include, for example, your institution, profile photo, hospital affiliations, publications, etc. You can edit the information available in your Member profile.
Agents, Consultants, and Related Third Parties
DocMatter, like many businesses, sometimes hires other companies to perform certain business-related functions and we may share any personal data we collect with our third-party service providers for the purpose of maintaining and/or improving the Services. Examples of such functions include mailing information and maintaining databases.
Other Required Disclosures
We may access, preserve, and disclose personal data, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and/or legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect the rights, property, or safety of you, DocMatter, or others; (iv) to enforce DocMatter policies or contracts; (v) to collect amounts owed to DocMatter; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
4. International Users and Data Transfers
You agree that all personal data collected via or by DocMatter may be transferred, processed, and/or stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, or on the servers of our service providers. Your personal data may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to DocMatter, you explicitly consent to the storage of your personal data in these locations.
5. Your Choices
You can utilize the Services without providing any personal data. If you choose not to provide any personal data, you may not be able to use certain Services.
Consistent with applicable laws, you may inquire as to whether DocMatter is processing personal data about you, request access to personal data, and ask that we correct, restrict, provide a copy of, or delete personal data by contacting us at email@example.com. Please include your full name, email address associated with your account, and a detailed description of your data request. Such requests will be processed in line with local laws.
Although DocMatter makes good faith efforts to honor individual requests with respect to personal data, there may be circumstances in which DocMatter is unable to do so, including but not limited to: where the information contains legal privilege; would compromise others' privacy or other legitimate rights; where the burden or expense would be disproportionate to the risks to the individual's privacy in the case in question; or where it is commercially proprietary. If DocMatter determines that your rights should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, DocMatter will take commercially reasonable steps to verify your identity before granting access to or making any changes to personal data.
Opting Out (Your Right to Restrict Processing)
You have the right to opt out of certain uses and disclosures of your personal data. Where you have consented to DocMatter's use of your personal data, you may withdraw that consent at any time and opt out of further use by contacting us at firstname.lastname@example.org. Even if you opt out, we may still collect and use non-identifiable data regarding your activities on the Services.
We may occasionally send you push notifications through our mobile application with notices that may be of interest to you. You may at any time opt out from receiving these types of communications by removing the mobile application from your mobile device. We may also collect location-based information if you use our mobile application. You may opt out of this collection by removing the mobile application from your mobile device.
Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
California law permits users who are California residents to request and obtain from us, once a year, free of charge, a list of the third parties to whom we have disclosed their personal data (if any), for their direct marketing purposes, in the prior calendar year, as well as the type of personal data disclosed to those parties. Note, however, that DocMatter does not share personal data with third parties for the third parties' own marketing purposes.
6. Children's Information
Our Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal data from children. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. If we learn that we have collected any personal data about a child in violation of applicable laws, we will promptly take steps to delete such information and terminate the child's account.
7. Data Retention
DocMatter takes reasonable steps to protect the data (personal, public, non-public, and otherwise) provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for any unintentional disclosures.
By using the Services or by providing personal data to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
9. Sites and Services of Others
10. Supervisory Authority
If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal data violates applicable law.
11. Contact Information
560 Davis Street, Suite 150
San Francisco, CA 94111
To reach our Data Protection Officer, please call (855) DOC-MATTER, email email@example.com, or send correspondence to:
DocMatter Data Protection Officer
560 Davis Street, Suite 150
San Francisco, CA 94111
Welcome to DocMatter!
Our Mission is to support the clinicians who have dedicated their lives to providing care for others. We endeavor to make teaching, learning from, and collaborating with your peers as simple, efficient and impactful as possible.
Terms of Service
Last Revision: June 12, 2019
You agree that by clicking "Sign Up", or by similarly accessing, registering, or otherwise using our Services (defined below), you are agreeing to personally enter into a contract with DocMatter Inc. (also referred to as "we," and "us"), even if you are using our Services through a DocMatter Partner, you are indicating that you are at least eighteen (18) years of age or older, and you understand and agree to be bound by the terms contained in this contract (referred to as the "Terms of Service," or "Terms"). If you do not agree to the Terms, do not click "Sign Up" or otherwise create or request an account, and do not access or otherwise use any of our Services. If you wish to terminate this contract at any time after your account has been created, you can do so by requesting your account be terminated (see below for directions for termination), and no longer accessing or using our Services.
These Terms constitute the entire agreement between you and DocMatter, and govern your use of the Services, superseding any prior agreements between you and DocMatter with respect to use of the Services.
1. Our Services
These Terms apply to your use of DocMatter.com, DocMatter-branded apps, and other DocMatter-related sites, apps (together with DocMatter-branded apps, "Apps"), communications, and other services that state that they are offered under these Terms ("Services").
THE SERVICES DO NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE. The Services are designed to facilitate communication among physicians and other health care professionals. Nothing contained within the Services is intended to constitute medical advice, instruction for medical diagnosis, or instruction for treatment. Any information provided through the Services should be considered to be hypothetical, and not be considered complete, nor should it be relied upon to suggest a course of treatment for any particular individual. Information received from the Services should not be relied upon for personal, medical, legal, technical, or financial decisions. DocMatter does not, through the Services or otherwise, directly or indirectly practice medicine, render medical advice, or provide medical services. After reviewing the Services and before taking any action related to any content on the Services, every Member of the Services is expected to make a reasonable investigation into, and consider the potential consequences of, any such action. If you obtain any information through the Services, you use such information at your own risk.
The Services serve as a venue for Members to collaborate. DocMatter does not control, and makes no representations as to, any views, opinions, or other information provided by any Members. Any view, opinion, or other information provided by any Member is the view, opinion, and information of that Member, and not of DocMatter. DocMatter is not and will not be responsible for any damage or harm resulting from any use of, or reliance upon, such Member views, opinions, or information. By using the Services, you agree not to attempt to impose liability on, or seek any legal remedy from, DocMatter with respect to any such Member views, opinions, or information.
The Services may include access to various communities, generally related to therapeutic foci, specialty, and/or research topics ("Communities"), which Members may join. To the extent you elect to be included in any such Communities, you consent to having the information you share through the Services shared with such Communities, and allowing such Communities to communicate directly with you through the Services. You may opt out of receiving such communications at any time, but opting out may affect your ability to fully utilize the Services.
2. Changes to These Terms
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If the Terms are materially changed, we will post the changes on this page, and will indicate at the top of this page the date these Terms were last revised. We will also notify you, through the Services user interface, in an email notification, or through other reasonable means, of any such changes. Any such changes to the Terms will become effective no earlier than fourteen (14) days after they are posted, except that some changes (such as addressing new functions of the Services or changes made for legal reasons) will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your unequivocal acceptance of, and agreement to be bound by, the new Terms of Service (including any and all changes to the Terms).
3. Your Account
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password and/or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you log out from your account at the end of each session when accessing the Services. DocMatter will not be liable for any loss or damage arising from your failure to comply with this Section.
You own the rights to information contained within your personal account, and any information or content you upload to the Services.
Notices to you may be made through the Services, email, or regular mail. You agree to keep your contact information up to date. The Services may also provide notices to you of changes to these Terms, or other matters, by displaying notices or links to notices generally on the Services.
You agree that you understand that the information you share through the Services may be seen by others. Notwithstanding the limitations in specific areas of the Services, you understand that sharing information with others means it is no longer confidential.
We are not obligated to publish any information or content on our Services, and can remove any content in our sole discretion, with or without notice.
4. Rights and Limitations
Member Content Transmitted Through the Services
With respect to the content or other information you upload through the Services, or share with other Members or recipients, you represent and warrant that you own any right to, title to, or interest in any such content, including, without limitation, all copyrights and rights of publicity contained therein, as necessary to grant the licenses in this Section. You may choose to make your content available outside the Services, but you may not reproduce any other Member's content outside of the Services, without express written permission from that Member.
By uploading any content, you hereby grant and will grant DocMatter a nonexclusive, worldwide, fully paid-up, royalty-free, transferable, sub-licensable (through multiple tiers), perpetual, and irrevocable license to use, reproduce, distribute, publish, and create derivative works from your content in connection with the operation, improvement, or enhancement of the Services and any other activities related to the Services, or the marketing and promotion thereof, in any form, medium, or technology now known or later developed. Notwithstanding the foregoing, you may immediately terminate such license granted to DocMatter with respect to any particular content by deleting such content from the Services, or you may terminate the license with respect to all of your content by terminating your account. Upon your termination of your account, DocMatter will use commercially reasonable efforts to promptly delete or remove your content from the Services, and the license granted above with respect to such content shall automatically terminate upon the deletion or removal of such content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other communications about the Services themselves, provided by you to DocMatter, are non-confidential and DocMatter will be entitled to the unrestricted use, reproduction, distribution, or publication of, and creation of derivative works based upon, these communications for any purpose, without acknowledging or compensating you.
You acknowledge and agree that DocMatter may preserve content and may also disclose content, if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process, applicable laws, or government requests;
- enforce these Terms;
- respond to claims that any content violates the rights of third parties; or
- protect or enforce the rights, property, or personal safety of DocMatter, our Members, and/or the public.
You understand that the technical processing and transmission of the Services, including your content, may involve transmissions over various networks, and changes in content to conform and adapt to technical requirements of connecting networks or devices.
Modifications to the Services
DocMatter reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that DocMatter will not be liable to you, or to any third party, for any modification, suspension, or discontinuance of the Services.
Third Party Content, Sites, and Apps
Under no circumstances will DocMatter be liable in any way for any content or materials of any third parties (including Members), including, but not limited to, errors or omissions in any third party content, or loss or damage of any kind incurred as a result of the use of any such third party content.
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. DocMatter has no control over such third party sites and resources, and DocMatter is not responsible for, and does not endorse or comment about, such sites and/or resources. You further acknowledge and agree that DocMatter will 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 upon, any content, events, goods, or services available on or through any such third party site or resource. Any dealings you have with third parties found while using the Services are between you and such third party or parties, and you agree that DocMatter is not liable for any loss suffered through, or claim that you may have against, any such third party.
General Practices Regarding Use and Storage
You acknowledge that DocMatter may establish general practices and limits concerning use of the Services, including without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum individual Member allotment of storage space on the Services. You agree that DocMatter has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by or to the Services. You further acknowledge that DocMatter reserves the right to terminate accounts that are inactive for an extended period of time.
Intellectual Property Rights
DocMatter reserves all of our intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through the Services. Any non-DocMatter intellectual property used in connection with the Services is the intellectual property of the respective owner.
5. Rights and Terms for App Use
Rights in App Granted by DocMatter
Subject to your compliance with these Terms, DocMatter grants to you a limited, revocable, non-exclusive, non-transferable license, with no right to sub-license, to download and install a copy of our App on a mobile device, computer, or other compatible hardware that you own or control, and to run such copy of the App solely for your personal use of the Services in accordance with these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sub-license, lease, lend, or rent the App to any third party or otherwise use the App on a time sharing or service bureau basis; (iii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App available to any other person through any means. We hereby reserve all rights in and to the App not expressly granted to you under these Terms.
Accessing App from App Store
The following terms apply to any App accessed through, or downloaded from, any app store or distribution platform (like the Apple App Store or Google Play) where the App may now, or in the future, be made available (each an "App Provider"). You acknowledge and agree that:
- These Terms are an agreement between you and DocMatter, and not with the App Provider, and DocMatter (not the App Provider) is solely responsible for the App;
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, the App Provider will have no warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DocMatter;
- The App Provider is not responsible for addressing any claims you have, or any claims of any third party, relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- In the event of any third party claim that the App or your possession and/or use of the App infringes that third party's intellectual property rights, DocMatter will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms;
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license to the App, and upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you, as a third party beneficiary thereof;
- You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and
- You must also comply with all applicable third party terms of service when using the App.
6. Disclaimer and Limitations of Liability
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOCMATTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DOCMATTER MAKES NO WARRANTY: (i) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (iv) WITH RESPECT TO ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PROMOTED, OFFERED, OR OTHERWISE DISCUSSED THROUGH THE SERVICES (AND ANY WARRANTIES RELATING THERETO SHALL BE LIMITED TO THOSE OFFERED, IF ANY, BY THE THIRD PARTY MANUFACTURER OR THIRD PARTY PROVIDER OF SUCH PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL).
Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOCMATTER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DOCMATTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICES;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES RECEIVED FROM ANY THIRD PARTY THROUGH OR FROM THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
- ANY OTHER MATTER RELATING TO THE SERVICES.
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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO LIMIT DOCMATTER'S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OR ACCESS THE SERVICES TO THE TOTAL AMOUNT YOU'VE PAID TO DOCMATTER TO USE THE SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DOCMATTER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You agree that you are solely responsible for your interactions with any other Member or third party in connection with the Services, and DocMatter will have no liability or responsibility with respect thereto. DocMatter reserves the right, but has no obligation, to become involved in any way with disputes between you and any other Member of the Services. You will fully cooperate with DocMatter to investigate any suspected unlawful, fraudulent, or improper activity.
If you have a dispute with one or more other Members, you release us (and our officers, directors, agents, subsidiaries, joint ventures, customers, partners, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER AGREE THAT NO OTHER MEMBER WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING YOUR RELIANCE UPON ANY MEMBER CONTENT.
The Services are intended to be a safe space for knowledge sharing, and transfer of general, hypothetical ideas. If a Member incorporates anything from the Services in any action taken by that Member, it is at that Member's own risk.
You agree to indemnify and hold DocMatter and its officers, employees, directors, customers, partners, and agents harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), claims, actions of any kind, and/or injury (including death), arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any rights of another.
You agree that DocMatter, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services, and remove and discard any of your content within the Services, for any reason, including, without limitation, for lack of use or if DocMatter believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. DocMatter may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that DocMatter may immediately deactivate or delete your account and all related information and/or bar any further access to such information or the Services. Further, you agree that DocMatter will not be liable to you or any third party for any termination of your access to the Services.
8. Governing Law
These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, claims, or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") not subject to arbitration, as set forth below, you and DocMatter agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California, and you and DocMatter each waive any objection to jurisdiction and venue in such courts.
9. Dispute Resolution
Mandatory Arbitration of Disputes
We each agree that all Disputes will be resolved solely by binding, individual arbitration, and not in a class, representative, or consolidated action or proceeding. You and DocMatter agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and DocMatter are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions and Opting Out
As limited exceptions to "Mandatory Arbitration of Disputes," above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org, within thirty (30) days following the date you first agree to these Terms.
Conducting Arbitration and Arbitration Rules
The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org, or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA, and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000.00, or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000.00, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. You and DocMatter both agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
Class Action Waiver
YOU AND DOCMATTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section, "Dispute Resolution," shall be null and void.
Effect of Changes on Arbitration
Notwithstanding the provisions of Section 2, "Changes to These Terms," above, if we change any of the terms of this Section, "Dispute Resolution," after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com, within thirty (30) days of the date such change became effective, as indicated in the "Last Revision" date above, or in the date of our email or other communication to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and DocMatter in accordance with the terms of this Section, "Dispute Resolution," as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
10. General Terms
The failure of DocMatter to exercise or enforce any right or provision of these Terms will 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 shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arises, or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as any other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of DocMatter, but DocMatter may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. The Services may not be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
With the exception of any of the provisions in Section 9, "Class Action Waiver," of these Terms, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
11. Content, Software, and Trademarks
You acknowledge that DocMatter may not always pre-screen content, but that we will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, DocMatter will have the right to remove any content that violates these Terms, or which is deemed by DocMatter, in its sole discretion, to be otherwise objectionable. As a courtesy to our Members, we may edit grammar, spelling, and/or formatting of content, as we deem necessary to clarify or improve the readability of such content for other Members. If we edit content, we may notify the author of said content, and we will make every reasonable effort to keep the subject matter or inferred intent of the content as it was in the original format (but, by doing so, we do not assume any obligation, responsibility, or liability resulting from the content, nor do we adopt any Member’s words as our own). You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge and agree that the Services may contain content or features that are protected by copyright, patent, trademark, trade secret, and/or other proprietary rights, or laws. Except as expressly authorized by DocMatter, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based upon the Services, in whole or in part, except that the foregoing does not apply to your own content that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services, or distributed in connection therewith, are the property of DocMatter. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sub-license, or otherwise transfer any right in the Services or DocMatter's technology or software. Any rights not expressly granted herein are reserved by DocMatter.
The DocMatter name and logos are trademarks and service marks of DocMatter. Other than DocMatter, product and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to DocMatter. Nothing in these Terms or the Services should be construed as granting, by implication or otherwise, any license or right to use any of DocMatter's trademarks or service marks, without our prior written permission in each instance. All goodwill generated from the use of DocMatter's trademarks or service marks will inure to our exclusive benefit.
12. Member Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other content that you upload or email or otherwise submit or use via the Services. DocMatter reserves the right to investigate and take appropriate legal action against anyone who, in DocMatter's sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators, and/or reporting the violator to the law enforcement authorities. The following are examples of the kind of content and/or use that is illegal or prohibited by DocMatter, and you agree to not use the Services to:
- email or otherwise upload any content that:
- infringes any intellectual property or other proprietary rights of any party;
- you do not have a right to upload under any law or under contractual or fiduciary relationships;
- contains 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;
- poses or creates a privacy or security risk to any person;
- constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, or any other form of solicitation;
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, and/or otherwise objectionable; or
- in the sole judgment of DocMatter, is objectionable, or which restricts or inhibits any other person from using or enjoying the Services, or which may expose DocMatter or its Members to any type of harm or liability;
- interfere with or disrupt the Services, or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- violate any applicable local, state, national, or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other Members from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- obtain or attempt to access, or otherwise obtain, any materials or information through any means not intentionally made available or provided for through the Services; or
- discuss or solicit pricing information on any medical product.
Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload, for any purpose, any portion of the Services, use of the Services, or access to the Services.
You agree to comply with all applicable privacy laws and regulations (including, but not limited to the EU General Data Protection Regulation ("GDPR") and the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder (including 45 Code of Federal Regulations Section 160) ("HIPAA")), and to obtain any necessary consents or authorizations before uploading any personal data about any other person. You also agree to comply with all applicable laws and regulations that relate to the reporting and investigation of any adverse event, injury, toxicity or sensitivity reaction, or any unexpected incidence associated with any products, treatments, or therapies.
Unless you have obtained valid and verifiable permission from your patient and any other relevant individual, you agree not to upload, post, publish, or display any protected health information (as such term is defined by HIPAA, "PHI"), personally identifiable information, or other patient information to or via the Services (including any images or other content containing any such information). DocMatter does not assume any, and hereby disclaims all, liability arising from the uploading to, or use of any such information on or via, the Services. DocMatter is not a "covered entity," or "business associate," under HIPAA. As such, it is your responsibility, if you are a covered entity, to ensure that you comply with the HIPAA requirements with respect to PHI. If you upload content containing PHI, DocMatter may (but has no obligation to) notify you and delete the PHI-containing content. DocMatter in no way accepts the responsibility to keep PHI confidential, and neither becomes a "covered entity," nor a "business associate," by performing this courtesy.
You agree to accurately disclose all financial ties and conflicts of interest.
13. Complaints Regarding Content
DocMatter respects the intellectual property of others, and we ask our Members to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify DocMatter of your infringement claim in accordance with the procedure set forth below.
DocMatter will process and investigate notices of alleged infringement, and will take appropriate action under the Digital Millennium Copyright Act ("DMCA"), and/or any other applicable intellectual property laws, with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to DocMatter's Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request"). You may also contact us by mail:
DocMatter Copyright Agent
560 Davis Street, Suite 150
San Francisco, CA 94111
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, the owner's agent, or the law;
- a statement, made under penalty of perjury, that the above information, included within your Notice, is accurate, and that you are the copyright or intellectual property owner, or are authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your content, which has been removed (or to which access has been disabled), is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to use the content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content, which has been removed or to which access has been disabled, and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, DocMatter will send a copy of the counter-notice to the original complaining party, informing that party that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, DocMatter has adopted a policy of terminating, in appropriate circumstances and at DocMatter's sole discretion, Members who are deemed to be repeat infringers. DocMatter may also at its sole discretion limit access to the Services and/or terminate the memberships of any Members who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
14. Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding these Terms or the Services.
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