Terms and conditions of use

Date of Last Revision: Feb 12, 2012

Among other activities, docent’s services enable coordination and communication with a health care provider. It does not replace your relationship with any physician. These services might not be appropriate for all medical conditions or concerns. If you have a medical emergency, immediately call your doctor or dial 911.

Please read these terms and conditions carefully because they set forth the important terms you will need to know about the services.

You understand that by accessing or using the sites or services, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these terms of use. If you do not or cannot agree with any part of these terms of use, you may not use the sites or any services provided on or through the sites.

The terms of use are subject to change as provided herein.

Introduction

Docent Inc., Docent Medical Corp , and their respective affiliates (collectively, “Docent,” “we ”, “us”, or “our”) own and operate the Website located at www.docentrx.com (the “Website,” and collectively with any affiliated mobile application (“App”), the “Sites”). The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with pharmacy services; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (v) telecommunications support for using the Services as a means of direct access to health care providers provided by Docent Medical Corp  and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities about the Docent Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Consent to Teledermatology, our Privacy Policy docentrx.com/privacy, as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, including by an affiliate of Docent, you understand and agree that these Terms of Use are entered into between you and Docent. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and Docent reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you.

You should check the Terms of Use from time to time when you use the Sites or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

Availability

Certain of our Services are currently only available to individuals located in certain states.

Eligibility

In order to qualify to use the Services, the following must be true:

  • You are age 18 or over.
  • You are located in a State Where We Operate (depending on the type of Services).
  • You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Docent. In addition to the above requirements, Docent and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

Requirements for use

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of the mobile services and to the Internet.

Privacy policy

Docent understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available on the Sites docentrx.com/privacy for a description of how we may collect and use your personal information.  The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.

Consent and acknowledgements

Your relationship with Docent

  • You understand that the teledermatology services and any customized prescription products made available through the Website are provided by U.S. licensed medical providers such as Docent Medical Corp. Docent, Inc., is not itself a healthcare provider.
  • You understand that the Website, Services, and Products facilitate dermatology consultations limited to the diagnosis and treatment of acne, dyspigmentation, skin aging, and related conditions, and not for any other medical or dermatological conditions, including skin cancer.
  • You understand that the Website and Services are not a substitute for the in-person treatment or advice of your local dermatologist, primary care physician or any other qualified healthcare professional.
  • You understand that you should never delay seeking advice from your dermatologist, primary care physician or any other health professionals due to any diagnosis, advice or other information provided (or the omission of any such information) by Company, the Website, Services, or Products, or a healthcare provider through Company, the Website, Services, or Products.
  • You understand that Company undertakes no obligation to review the inactive ingredients and/or the base ingredients in any product that is recommended or sold to you through the Website or Services, including, without limitation, to ascertain that you are not allergic to such inactive or base ingredients. You further understand that it is solely your responsibility to review those ingredients, as listed on the Website. If you have any questions or are experiencing any issues with Company Communications to you, please contact support@docentrx.com.

Consent to Communications

By entering into this Agreement you agree to receive communications from Company, including via email, text message, SMS message, voice call, and push notifications (“Communications”).

Voice calls and texts will be to the phone number you have supplied with your account information. You agree that texts may be made using automatic dialing systems or other automated technologies. Communications from or on behalf of Company may include but are not limited to: operational communications concerning your user account or use of the Company’s products and platform; informational communications concerning shipping, your payment method on file, messages from your provider, and reminders to complete your account set-up; marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive Communications is not a condition of any purchase.

You understand that you will periodically receive correspondence from Company at the email address you register with your account. Text message frequency varies. While correspondence sent from Company to you will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable).

Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your account indicates your consent for Company to transmit your Personal Information, including your Health Information, to such address. For more information on Personal Information and Health Information, review our privacy policy:  www.docentrx.com/privacy.

It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Docent affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of all texts (including operational, promotional, and transactional texts), you can text the word “stop” from the mobile device receiving the messages. However, you acknowledge that opting out of receiving all texts may impact your use of the service.

Special consent to Teledermatology services

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
  • Interactions between a patient and health care provider via audio, video, and/or data communications; and
  • Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Please see our Consent to Teledermatology available on the docentrx.com/consent-to-teledermatology for a description of the risks and benefits of telemedicine. The Consent to Teledermatology is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Website and use

Site Content

Except for specific communications received from Docent Medical Corp or affiliate health care organizations and providers, none of the Content you receive through the Sites should be considered medical advice.

Registration and user accounts

Although certain parts of the Sites are accessible by any individual, you are obligated to register with Docent in order to access the Services. The Services are available only to users who have registered with Docent and to other persons affiliated with Docent who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Docent. If you do not maintain such information, or Docent has reasonable grounds to suspect as much, Docent has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Docent of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Docent at support@docentrx.com. Docent may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services and your Secure User account.

You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Docent explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.  You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) Docent will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.

Access rights and prohibited use

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, access, and use the Sites in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Teledermatology, and the Privacy Policy. No other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by Docent or its licensors.

We reserve the right, in our sole discretion, to deny or suspend use of the Sites or Services to anyone for any reason.

You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Sites or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property; (e) access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Sites, Services or related materials in any way; (g) use or access the Sites to create or develop competing products or services or for any other purpose that is to Docent’s detriment or commercial disadvantage; (h) take any action or use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Docent or any of our service providers to protect our Sites; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites; (l) use any manual process or automated device to monitor or copy any content made available on or through our Sites for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Docent or third-party content from the Sites; (n) otherwise use the Sites in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

Ownership of site content

As between Docent and you, Docent is the sole and exclusive owner of all right, title and interest in and to the Sites and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Sites except as generally and ordinarily permitted through the Sites according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites or Content shall be owned solely and exclusively by Docent or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Sites or Content.

Trademarks

Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of Docent or its affiliates. You are not authorized to use any such Marks without the express written permission of Docent. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

Links to third-party hyperlinks and websites

The Sites may contain hyperlinks or references to other Website (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Docent. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.

Modifications to the sites

Docent reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that Docent shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.

Transactions

We may make available the ability to (i) communicate with a healthcare provider and (ii) purchase or otherwise obtain certain Products through the Website, including trials of goods or services (both (i) and (ii) referred to as a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information.

You represent and warrant that you have the right to use any credit card or other payment information that you submit in connection with a Transaction. By submitting such information, you hereby authorize Company to charge you and grant to us the right to provide such information to third parties for purposes of facilitating Transactions, iCompany’s third-party payment processing service. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If your payment method fails or fees associated with your Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file and/or retaining collection agencies and legal counsel.

By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. We reserve the right to change the types of Transactions for which we charge, and we reserve the right to charge for consultations with your healthcare provider. Trials and subscriptions of Products or services are subject to the terms and conditions applicable to such trials and subscriptions available on the Website.

Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, trial or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or service.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Subscription Program Terms

By signing up for Docent and creating an account, you agree to our subscription program terms (“Subscription Program” or “Program”) and your membership in the Program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the Program at any time without notice to you. Limit one account per person.

As a member of our subscription program, the valid credit card number you provided at the time of your initial purchase and enrollment will be automatically charged on a going-forward basis at the time of each shipment of product in either 30 day installments or every 60 days, depending on whether you are in Trial period or have converted from the Trial to an ongoing subscription. If you wish to cancel your participation in our subscription program, you may do so by cancelling your membership at docentrx.com under your account tab after logging in. You must cancel before your next shipment in order to avoid being charged for the next recurring shipment.

Price

Company reserves the right to determine the pricing of its products. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Company may change the fees for any feature or product, including additional fees or charges, if Company provides advance notice of changes before they apply. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

No purchase for resale allowed

Company sells its products direct to You (end consumers) through the subscription service. Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If Company believes you are involved in purchase for resale, Company reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

Payment

You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Docent and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Docent, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Docent and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.

Termination

The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use. Docent may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue,

Special notice to medicate and medicaid beneficiaries

Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Docent nor any Docent affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.

Fulfillment

Pharmacy services

If you receive a prescription as a result of the Services, you may select one of our partner pharmacies (collectively, the “Docent Pharmacy Network”) to ship your prescription. You give us consent to send and disclose to the Docent Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.

Packaging

If you select to use the Docent Pharmacy Network to fulfil any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

General Legal Content

Arbitration and no class actions

Please read this section carefully because it requires you and docent to resolve all disputes between us through binding individual arbitration and limits the manner in which you can seek relief from docent.  

These Terms of Use and your use of the Sites shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in San Mateo, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in San Mateo, California shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

Generally. In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, and except as described in Section 20(b), you and Company agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, your use of the services and/or the Curology products, and our communications with you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement.

You understand and agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action.

Severability of provisions; No waiver; and Assignments

Subject to applicable law, Docent reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, Docent will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Docent harmless from any and all liability that Docent may incur therefore.

Disclaimer of warranties

You expressly agree that the use of the sites is at your sole risk. You acknowledge and agree that the sites and any services are provided through the sites on an “as is” and “as available” basis. Docent and its affiliates, including without limitation all affiliated professional entities, and their respective officers, directors, managers, partners, members, employees, and agents (collectively “related persons”) make no representations or warranties and expressly disclaim any and all warranties of any kind, whether express or implied, with respect to the sites and services including, but not limited to, any representations or warranties with respect to merchantability, fitness for a particular use or purpose, non-infringement, title, availability, security, operability, condition, quiet enjoyment, value, the accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery or system integration. We make no warranties or representations that your use of the sites or services will not infringe the rights of third parties. To the fullest extent of applicable law, neither Docent nor its related persons will be liable for any loss or damage caused by your reliance on information obtained through the sites. It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability, or usefulness of the sites. Furthermore, Docent does not guarantee that the sites will be uninterrupted, or free from error, defect, loss, delay in operation, corruption, cyber-attack, viruses, interference, hacking, malware, or other security intrusions, and Docent disclaims any liability relating thereto. You understand and agree that any content, material, and/or information obtained through the use of the sites are used at your sole risk and that you will be solely responsible for any damage to your computer or mobile phone or loss of data that results from the download of such content, material and/or information.

Limitation of liability

You understand that to the extent permitted under applicable law and except as set forth in this section, in no event will Docent, its related persons or licensors be liable to you or to any party for any claims, liabilities, losses, costs or damages under any legal or equitable theory, whether in tort (including negligence and strict liability), contract, warranty, statute or otherwise, including, but not limited to, any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use or data, service interruption, computer or mobile phone damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, including death, arising out of or in connection with any access, use of (or inability to use) the sites or any services provided through the sites, or other intangible losses arising out of or related to your use of the sites. This is true even if Docent or related persons have been advised of the possibility of such damages or losses.

Indemnification

You agree to indemnify, defend, and hold harmless Docent, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Sites in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.

No waiver

No waiver by Docent of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Docent to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

No agency relationship

Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Docent Medical Corp and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Docent is transferred to another entity by way of merger, sale of its assets or otherwise.

Digital millennium copyright act

Docent reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Docent otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Ro

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address: support@docentrx.com.

Any notification to Docent under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
  • An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • An identification of the content or material that you claim is infringing and where it is located on our Sites.
  • Information sufficient for Docent to contact you, such as your address, telephone number, and/or email address;
  • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.