Terms of Use Agreement
By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you must not use this site. The terms "The Doctors Company," "us," "we," and "our" refer to The Doctors Company, The Doctors Management Company, and any subsidiary or affiliate of The Doctors Company and/or The Doctors Management Company. The terms "you" and "your" refer to the user or viewer of the site.
1. Acceptance of Agreement
You agree to the terms and conditions set forth in this Terms of Use Agreement ("Agreement") with respect to our site ("Site"). This Agreement constitutes the entire and only agreement between you and The Doctors Company and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site and the subject matter of this Agreement. This Agreement may be amended at any time by us without notice to you. The latest version of the Agreement will be posted on the Site, and you should review the Agreement prior to using the Site.
2. Ownership
All content, text, images, graphics, data, information, and other material displayed (including without limitation The Doctor's Advocate), as well as the original selection, arrangement, and presentation of such material displayed, available, or present on the Site ("Content"), including any intellectual property rights in such Content (including without limitation trademarks and copyrights), are the property of The Doctors Company, its affiliates, its licensors, or the designated owners and are protected by applicable intellectual property laws. You should assume that everything you see or read on the Site is the property of The Doctors Company or its licensors and is protected by copyright, trademark, and other proprietary rights and laws unless otherwise noted and may not be used without our written permission, except as otherwise provided in this Agreement. All trade names, trademarks, service marks, domain names, and any associated logos (collectively, "Marks") that are not owned by The Doctors Company are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the Marks without prior express written permission of The Doctors Company.
3. Limited License and Permitted Uses
You are granted a nonexclusive, nontransferable, revocable license to view, use, copy for your records, and download portions of the Content of the Site for your internal and personal use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer, or distribute a significant portion of the Content on the Site, the design or layout of the Site, or individual sections of it in any form or media. The systematic retrieval of data from the Site is also prohibited. You must have our written permission to distribute copies of the information to others. To request such permission, send a message via email using our contact form. Please include your name, address, and the purpose of the requested distribution.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials, or documents (collectively, "Content and Materials") therein are subject to the following restrictions and prohibitions on use: you may not (a) copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, or use as a component of, any information, storage, and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed) that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (g) remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations; and (k) export or re-export the Site or any portion thereof or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
5. Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent for notice of claims of copyright infringement with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our agent for notice of claims of copyright infringement on the Site can be reached by directing an email to the General Counsel at dmchale@thedoctors.com.
6. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses, and traffic information.
7. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.
8. Registration and Passwords
At times, we may require you to have a password and provide registration details to access the Site or portions of the Site. If we do require a password and registration details, the details you provide must be correct, current, and complete. If we believe that the details are not correct, current, and complete, we have the right to refuse you access to the Site or any of its resources and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site or any portion hereof, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
9. Resources
We may make available through the Site resources (including without limitation patient safety and risk management articles, alerts, forms, guidelines, and communications) and other content (collectively, "Resources"). All Resources are provided on a nonexclusive license basis only for your personal one-time use, without any right to re-license, sublicense, distribute, assign, or transfer such license. Resources are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE RESOURCES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WE AND ANY PROVIDER OF THE RESOURCES DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Resources may be inappropriate for your particular circumstances. You should consult with legal counsel or your advisers to determine whether the Resources are applicable to your situation.
10. No Advice or Interpretation of Coverage
Information contained on or made available through the Site is not intended to and does not constitute legal or medical advice, recommendations, consultation, or counseling under any circumstance. Information on the Site should not be construed as a coverage interpretation of the policy in whole or in part. All policy provisions are subject to underwriting approval and may vary from state to state. Any actual coverage determination is subject to all of the terms and conditions of the actual policy, endorsements, application, and any actual claims.
11. Errors, Corrections, and Changes
The Doctors Company strives to ensure that information contained on the Site is current, accurate, and reliable. However, factors beyond our control preclude us from any offer of any warranty or guarantee of any nature concerning the accuracy or reliability of any information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We do not represent or warrant that the Site will be error-free or free of viruses or other harmful components or that defects will be corrected. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site.
12. Linking to the Site
You may provide links to the Site, provided: (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site; (b) that your site does not engage in illegal or pornographic activities; and (c) that you discontinue providing links to the Site immediately upon request by us.
13. Links to Other Web Sites
The Site content includes a number of hyperlinks to the Web sites of third parties. We are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. The privacy policies of these third party sites, such as the types of information collected and the use of the collected information, is unknown to and beyond the control of The Doctors Company. Third party sites hyperlinked from The Doctors Company may contain "cookies" (a small text file placed on the user's hard drive to facilitate site navigation and Web site use) that are collected by the third party site owner. These cookies are beyond our control, and we do not have access to this information. If you decide to leave the Site and access these third party sites, you do so at your own risk.
14. Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and are neither endorsed by nor necessarily reflect our belief.
15. Indemnification
You agree to indemnify, defend, and hold us and our agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim, costs, and expenses arising out of or resulting from your violation of this Agreement or access to the Site.
16. Disclaimer
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 17 SUBPART (b) BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN AN ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (1) any errors in or omissions from the Site or information obtained; (2) the unavailability or interruption of the Site or any features thereof; (3) your use of the Site; (4) the content contained on the Site; or (5) any delay or failure in performance beyond the control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Dispute Resolution and Applicable Law and Forum
With respect to any and all disputes arising from or in connection with the Site or the Agreement (including without limitation the Privacy Policy), you and The Doctors Company agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution. This Agreement shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to this Agreement or your use of the Site or Content and Materials shall be brought exclusively in the state courts located in Napa County, California, or the United States District Court—Northern District located in San Francisco, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of The Doctors Company to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision. All actions shall be subject to the limitations set forth in Sections 16 and 17 above.
19. Privacy Statement
The Doctors Company recognizes the importance of respecting and maintaining the privacy of our applicants and members and has developed a policy to address privacy concerns. You can find the current policy at Privacy Policy(the "Privacy Policy"). The Privacy Policy is hereby incorporated into this Agreement by reference and constitutes a part of the Agreement. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with the Privacy Policy. By utilizing the Site, you agree to the terms and conditions of the Privacy Policy and authorize The Doctors Company to collect information about you as outlined in the Privacy Policy and to use the information for The Doctors Company's internal needs relating to your application for coverage or policies of insurance with The Doctors Company.
20. Electronic Records Delivery
You agree that we may send certain documents, such as credentialing reports and certificates of insurance, to you electronically. You may enroll to receive policy documents, including bills, electronically. That enrollment is subject to additional terms and conditions which may be revised from time to time.
21. Miscellaneous
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possible as consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.