PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective Date of Terms: March 6, 2017.
Welcome to Doctor in Your Pocket. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Doctor in Your Pocket Services”). If you have any questions, comments, or concerns regarding these terms or the Doctor in Your Pocket Services, please contact us at firstname.lastname@example.org.
NOTICE: Please read these Terms carefully. They cover important information about Doctor in Your Pocket Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
Will these Terms ever change?
We are constantly trying to improve our Doctor in Your Pocket Services, so these Terms may need to change along with the Doctor in Your Pocket Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.doctorinyourpocket.info website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Doctor in Your Pocket Services. If you use the Doctor in Your Pocket Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
TraveDoc Does Not Provide Medical Advice
The content contained on the Doctor in Your Pocket Services is for informational and scheduling purposes only and is not intended to constitute medical advice. You may view certain information about physicians and their medical practices on the Doctor in Your Pocket Services, but any such information is not intended to constitute medical advice and should not be used as a substitute for the advice, diagnosis and treatment of a qualified medical professional. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL 911 OR CONTACT YOUR LOCAL EMERGENCY MEDICAL DOCTOR IN YOUR POCKET SERVICES IMMEDIATELY.
TraveDoc Does Not Provide Medical Referrals
You may use the Doctor in Your Pocket Services to learn about the availability of physicians in areas where you are or may be traveling. Users may use the Service to contact physicians and to set up a medical appointment or consultation. Doctor in Your Pocket is a directory service, and does not provide referrals or recommendations of any kind. Users should exercise their judgment in deciding whether to engage the services of any physician contacted through the Doctor in Your Pocket Services. TraveDoc makes no representations as to the professional competency of any physician and the presence of any physician’s biographical or contact information on our website should not be interpreted as an endorsement of such physician. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TRAVEDOC IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED BY YOU OR ANYONE ELSE THAT ARISE FROM YOUR ENGAGEMENT OF ANY PHYSICIAN VIA THE DOCTOR IN YOUR POCKET SERVICES.
Use of the Doctor in Your Pocket Services Does Not Establish Doctor Patient Relationship.
To the extent that any kind of medical advice, health insurance or other healthcare service, including without limitation, any medical counseling, testing, prescription, procedure or therapy related to the avoidance, prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (“Healthcare Services”) are offered or provided to any you, they are made available exclusively by and solely the responsibility of the applicable doctor or physician, not TraveDoc or Doctor in Your Pocket. Accordingly, Healthcare Services are not deemed to be within the scope of the Doctor in Your Pocket Services provided by TraveDoc, and TraveDoc shall have no obligation or liability regarding Healthcare Services.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Doctor in Your Pocket Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [insert means].
What are the basics of using Doctor in Your Pocket?
You may be required to sign up for an account, and select a password and user name (“Doctor in Your Pocket User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Doctor in Your Pocket User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Doctor in Your Pocket Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Doctor in Your Pocket Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Doctor in Your Pocket Services is prohibited by applicable laws, then you aren’t authorized to use the Doctor in Your Pocket Services. We can’t and won’t be responsible for your using the Doctor in Your Pocket Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
As part of the Doctor in Your Pocket Services, you may receive communications through the Doctor in Your Pocket Services, including messages that TraveDoc sends you (for example, via SMS). When signing up for the Doctor in Your Pocket Services, you will receive a welcome message and instructions on how to stop receiving messages. BY SIGNING UP FOR THE DOCTOR IN YOUR POCKET SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM TRAVEDOC, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU REGISTER FOR THE DOCTOR IN YOUR POCKET SERVICES OR FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM TRAVEDOC. You agree to indemnify and hold TraveDoc harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Your use of the Doctor in Your Pocket Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Doctor in Your Pocket Services or interact with the Doctor in Your Pocket Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including TraveDoc);
- Violates any law or regulation, including, without limitation, any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Doctor in Your Pocket account or anyone else’s (such as allowing someone else to log in to the Doctor in Your Pocket Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Doctor in Your Pocket Services, or any processes that run or are activated while you are not logged into the Doctor in Your Pocket Services, or that otherwise interfere with the proper working of the Doctor in Your Pocket Services (including by placing an unreasonable load on the Doctor in Your Pocket Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Doctor in Your Pocket Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Doctor in Your Pocket Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Doctor in Your Pocket Services.
What are my rights in the Doctor in Your Pocket Services?
The materials displayed or performed or available on or through the Doctor in Your Pocket Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Doctor in Your Pocket Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including TraveDoc’s) rights.
You understand that TraveDoc owns the Doctor in Your Pocket Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Doctor in Your Pocket Services.
The Doctor in Your Pocket Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to TraveDoc or to other users?
For all User Submissions, you hereby grant TraveDoc a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Doctor in Your Pocket Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Doctor in Your Pocket account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant TraveDoc the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Doctor in Your Pocket Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant TraveDoc the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Doctor in Your Pocket Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Doctor in Your Pocket Services.
If you share a User Submission publicly on the Doctor in Your Pocket Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Doctor in Your Pocket Services (each of the foregoing, a “Public User Submission”), then you grant TraveDoc the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all TraveDoc users and providing the Doctor in Your Pocket Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Doctor in Your Pocket Services and/or otherwise in connection with TraveDoc’s business for any purpose. Also, you grant all other users of the Doctor in Your Pocket Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Doctor in Your Pocket Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that TraveDoc, in performing the required technical steps to provide the Doctor in Your Pocket Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Who is responsible for what I see and do on the Doctor in Your Pocket Services?
Any information or content publicly posted or privately transmitted through the Doctor in Your Pocket Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Doctor in Your Pocket Services. We can’t guarantee the identity of any users with whom you interact in using the Doctor in Your Pocket Services and are not responsible for which users gain access to the Doctor in Your Pocket Services.
You are responsible for all Content you contribute, in any manner, to the Doctor in Your Pocket Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Doctor in Your Pocket Services.
TraveDoc has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Doctor in Your Pocket Services. In addition, TraveDoc will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Doctor in Your Pocket Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Doctor in Your Pocket Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TraveDoc shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that TraveDoc is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release TraveDoc, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Doctor in Your Pocket Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Will TraveDoc ever change the Doctor in Your Pocket Services?
We’re always trying to improve the Doctor in Your Pocket Services, so they may change over time. We may suspend or discontinue any part of the Doctor in Your Pocket Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Doctor in Your Pocket Services. We’ll try to give you notice when we make a material change to the Doctor in Your Pocket Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Doctor in Your Pocket Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Doctor in Your Pocket Services cost anything?
The Doctor in Your Pocket Services may be free or we may charge a fee for using the Doctor in Your Pocket Services. If you are using a free version of the Doctor in Your Pocket Services, we will notify you before any Doctor in Your Pocket Services you are then using begin carrying a fee, and if you wish to continue using such Doctor in Your Pocket Services, you must pay all applicable fees for such Doctor in Your Pocket Services. Note that if you elect to receive text messages through the Doctor in Your Pocket Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Doctor in Your Pocket Services.
- Paid Doctor in Your Pocket Services. Certain of our Doctor in Your Pocket Services may be subject to payments now or in the future (the “Paid Doctor in Your Pocket Services”). Please see our Paid Doctor in Your Pocket Services page for a description of the current Paid Doctor in Your Pocket Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Doctor in Your Pocket Service are deemed part of these Terms. PLEASE ALSO NOTE THAT YOU MAY NEED TO ACTIVATE (WHICH IS DIFFERENT FROM COMPLETING YOUR PAYMENT) YOUR PAID DOCTOR IN YOUR POCKET SERVICES PRIOR TO THEM BECOMING AVAILABLE TO YOU. For clarity, once your Paid Doctor in Your Pocket Services have commenced (e.g. the start date that you select within the Doctor in Your Pocket Services for such Paid Doctor in Your Pocket Services), you may not pause or suspend such Paid Doctor in Your Pocket Services (e.g. if you purchase a 7 day Paid Doctor in Your Pocket Service, then the 7 days will only be available for the 7 days immediately following the moment you commenced such Paid Doctor in Your Pocket Services).
- Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Doctor in Your Pocket Services (your “Billing Account”) for use of the Paid Doctor in Your Pocket Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Doctor in Your Pocket Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Doctor in Your Pocket Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing. Some of the Paid Doctor in Your Pocket Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Doctor in Your Pocket Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID DOCTOR IN YOUR POCKET SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID DOCTOR IN YOUR POCKET SERVICES AS SET FORTH ABOVE.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
- Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Doctor in Your Pocket Service please contact us at email@example.com
What if I want to stop using the Doctor in Your Pocket Services?
TraveDoc may temporarily suspend your access to and use of the Doctor in Your Pocket Services without liability under the following circumstances: (i) for scheduled or emergency maintenance; (ii) if TraveDoc believes that the Doctor in Your Pocket Services are being used in violation of these Terms or applicable law; (iii) if TraveDoc reasonably believes that the use of the Doctor in Your Pocket Services by you may pose a security risk to TraveDoc or a TraveDoc customer; (iv) if ordered by a law enforcement or government agency, or otherwise in order to comply with applicable law; or (v) if you fail to fulfill your payment obligations with respect to the Doctor in Your Pocket Services. TraveDoc is also free to terminate your use of the Doctor in Your Pocket Services or your account for breach of these Terms. TraveDoc has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
I use the Doctor in Your Pocket App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Doctor in Your Pocket Services, including any iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- Both you and TraveDoc acknowledge that the Terms are concluded between you and TraveDoc only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Doctor in Your Pocket Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Doctor in Your Pocket Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that TraveDoc, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, TraveDoc, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and TraveDoc acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and TraveDoc acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
What else do I need to know?
Warranty Disclaimer. Neither TraveDoc nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Doctor in Your Pocket Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Doctor in Your Pocket Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Doctor in Your Pocket Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Doctor in Your Pocket Services are provided “AS IS” and without any warranty of any kind from TraveDoc or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE DOCTOR IN YOUR POCKET SERVICES AND CONTENT ARE PROVIDED BY TRAVEDOC (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE DOCTOR IN YOUR POCKET SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TRAVEDOC (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO TRAVEDOC IN CONNECTION WITH THE DOCTOR IN YOUR POCKET SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold TraveDoc, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Doctor in Your Pocket Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Doctor in Your Pocket Services account, in any way (by operation of law or otherwise) without TraveDoc’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Massachusetts, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TRAVEDOC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Both you and TraveDoc acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, TraveDoc’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
- Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Suffolk County, Massachusetts. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
- Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. TraveDoc will pay all arbitration fees for claims less than $75,000. TraveDoc will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Small Claims Court. Furthermore, either you or TraveDoc may assert claims, if they qualify, in small claims court in Suffolk County, Massachusetts or any United States county where you live or work.
- Waiver of Jury Trial. YOU AND TRAVEDOC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and TraveDoc are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and TraveDoc over whether to vacate or enforce an arbitration award, YOU AND TRAVEDOC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
- Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: email@example.com postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
- Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or TraveDoc to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and TraveDoc agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Suffolk County, Massachusetts, or the District of Massachusetts.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Doctor in Your Pocket Services, provided that the TraveDoc may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and TraveDoc agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TraveDoc, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of TraveDoc, and you do not have any authority of any kind to bind TraveDoc in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and TraveDoc agree there are no third party beneficiaries intended under these Terms.