READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. USING OUR WEBSITE THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE OUR WEBITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
CHANGES
We may alter the materials and services, We offer you and/or choose to modify, suspend or discontinue our website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because everyone benefits from clarity, We promise to inform you of any modifications to these Terms by posting them on the website.
If You object to any such modifications, Your sole recourse shall be to cease using the website. Continued use of out website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages. These expressly-designated legal notices or terms are incorporated into these terms and supersede the provision(s) of these Terms that are designated as being superseded.
GENERAL USE
By using the App, you promise that you are at least 13 years of age. If you are not yet 18 years old, You must have the permission of an adult to use the App and agree to its Terms, and that adult must be a parent or legal guardian who is willing to be responsible for your use of the website.
We invite you to use the website for individual, consumer purposes ("Permitted Purposes").
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the materials; your right to use the materials is conditioned on your compliance with these Terms. You have no other rights in the App or any materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the materials or the App in any manner. If You make copies of any of the materials in pxp.care website while engaging in permitted purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices .
Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed materials (and any copies thereof).
DEVICE TERMS
To use the website you must have a compatible devices. We do not warrant that the website will be compatible with your device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the website, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the website, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party ; (iii) make any copies of the website; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the website, features that prevent or restrict use or copying of any content accessible through the website, or features that enforce limitations on use of the website; or (v) delete the copyright and other proprietary rights notices. You acknowledge that we may from time to time issue upgraded versions of the website. You consent to such automatic upgrading on your device, and agree that these terms will apply to all such upgrades. The foregoing license grant is not a sale of the website or any copy thereof, and we and Our third-party licensors or suppliers retain all right, title, and interest in and to the website (and any copy of the website). Standard carrier data charges may apply to Your use of the website.
GEO-LOCATION TERMS
The Services include and make use of certain functionality and services provided by third-parties that allow Us to include maps, geocoding, places and other Content from Apple as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Apple’s then current terms relating to Apple’s Location Services and by using the Geo-Location Services, you are agreeing to be bound by such terms.
PRIVACY POLICYWe respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information. Please visit our
Privacy Center to review the privacy policy applicable to the doc.ai App you are using.
UNAUTHORIZED ACTIVITIES
You agree to hire attorneys to defend us if you violate these terms and that violation results in a problem for us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
PROPRIETARY RIGHTS
"
pxp.care" is a trademark that belongs to Us. Other trademarks, names and logos on the App are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the App are Our sole property, Copyright © 2021
doc.ai. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
DISCLAIMER OF WARRANTIES
Without limiting the generality of the foregoing, We make no warranty that the website will meet Your requirements or that the website will be uninterrupted, timely, secure, or error free or that defects in the website will be corrected. We make no warranty as to the results that may be obtained from the use of the website or as to the accuracy or reliability of any information obtained through the website. No advice or information, whether oral or written, obtained by you through the from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
FEEDBACK
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration claim resolution for all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by emailing us the following information: (1)Your name, (2) Your address, (3) A written description of your claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute after receiving Your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt OutNotwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us
the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that
any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
Arbitration ProceduresIf this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”)or JAMS will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because the website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, We may pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action WaiverExcept as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration.
If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither you, nor any other user of the website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury WaiverYou understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
Severability If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Continuation. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.
LANGUAGE
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
GENERAL
We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell You. We will even provide you with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the website without prior notice to You. Foreign laws do not apply. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, we are not waiving Our rights. These Terms are the entire agreement between you and us and, therefore. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CONTACT US
If You have any questions about these Terms or otherwise need to
contact us for any reason
.These Terms of Service (“Terms”) are a legal contract between You and Us (collectively, "Everyone") and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that we and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of our mobile applications and any related websites.
