Terms of Use

1. Contractual Relationship

These Terms of Use (“Terms of Use”) govern your use of our website https://www.gogetdoc.com/ and its related sub-domains and subsites (collectively, the “Website”), our related mobile device application (the “App”), and any other related content, software, applications, materials and/or services, including our Website and App portals (each, a “Portal”, and together with the Website and App, the “Platform”) offered by GoGetDoc, LLC and/or its affiliates (“GoGetDoc” “we,” or “us”).

BY USING THE PLATFORM, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE THE PLATFORM.

By accessing or using the Services, you confirm your agreement to be bound by these Terms, including the information set forth in our privacy policy, located here. Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

For purposes of these Terms of Use, “you” and “your” means you as the user of the Platform (“User”).

Please review the following carefully so that you understand the terms of these Terms of Use. Amongst other things, these Terms of Use describe your responsibilities, GoGetDoc’s liability and the liability of third parties related to the Platform. All Users (as defined below) of the Platform must accept and comply with the terms and conditions set forth herein. Certain portions of the Platform may be subject to additional terms and conditions specified by us from time to time (the “Additional Terms”); your use of the Platform is subject to those Additional Terms. If you have any questions regarding these Terms of Use, please contact us via email at support@gogetdoc.com.

THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF YOUR USE OF THE PLATFORM. 

BY USING THE PLATFORM, YOU AGREE TO THESE PROVISIONS.

ABOUT THE PLATFORM

1.

GoGetDoc offers services, including but not limited to, helping you find and learn about healthcare options, utilizing healthcare tools, and accessing a range of health services, including virtual medicine service provided by third-party licensed medical providers for certain conditions (a “Supported Provider”).  GoGetDoc is independent from the Supported Providers that you access through the Platform and is not responsible for such Supported Providers’ acts, omissions or for any content of the communications made by such Supported Providers. GoGetDoc reserves the right to modify any part of the Platform at any time.

You agree to use the Platform in accordance with these Terms of Use and not for any unlawful purpose. You agree to maintain the confidentiality and security of the information received through the Platform to the same extent as you protect your own confidential or health information of like nature, and in any event using no less than reasonable care and in accordance with any applicable industry standards and applicable laws and regulations.

GOGETDOC IS NOT A HEALTHCARE PROVIDER, IS NOT LICENSED TO PROVIDE MEDICAL SERVICES AND DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS. GOGETDOC PROVIDES A PLATFORM BY WHICH USERS CAN CONNECT VIRTUALLY WITH SUPPORTED PROVIDERS. ALL MEDICAL SERVICES WILL BE PROVIDED SOLELY BY THE SUPPORTED PROVIDERS. AS A PLATFORM PROVIDER, GOGETDOC IS NOT RESPONSIBLE FOR, AND IS UNDER NO OBLIGATION TO BECOME INVOLVED IN, ANY DISPUTES BETWEEN (A) ANY USERS OF THE PLATFORM, AND (B) BETWEEN THE USERS OF THE PLATFORM AND ANY THIRD PARTY OTHER THAN GOGETDOC (INCLUDING SUPPORTED PROVIDERS) ARISING IN CONNECTION WITH THE USE OF THE PLATFORM.

GoGetDoc makes no representations or warranties regarding, nor is responsible for the efficacy, safety, sensitivity, specificity, or validation of the healthcare advice or tests supplied by Supported Provider or other third parties or the accuracy of any test results reported by such parties, including the accuracy of any external data (including but not limited to laboratory test information) uploaded to or modified on the Platform by the Supported Provider or other external data providers.  

2.

Our privacy practices in operating the Platform are described in our Privacy Policy located at https://gogetdoc.com/privacy (“Privacy Policy”). Please review the Privacy Policy to learn about:

• what information we may collect about you;
• what we use that information for;
• what third-party information, if any, you are agreeing to share by using the Platform; and
• with whom we share that information.

REGISTRATION

1.

To register an account on the Platform, you must be at least 18 years of age (or the age of legal majority in your jurisdiction).

You do not need to create a GoGetDoc account (a “User Account”) to visit the public pages of the Platform, however, you do need a User Account to access the applicable parts of the Portal or the App. You are responsible for providing and maintaining up-to-date and accurate contact information, including your telephone number and email address, and other account information on our Platform. Telephone calls, SMS messages and email correspondence with GoGetDoc may be recorded or monitored.

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2.

You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password, account number and other log-in information provided by you or GoGetDoc for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or account, including activities occurring through the Portals, via telephone (through telephone calls or SMS messages), and via email. GoGetDoc does not have any control over the use of your or any User’s account, and GoGetDoc expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your (or another User’s) password or account or you suspect any other breach of security, you will cease all use of such password or account and contact GoGetDoc immediately by emailing support@gogetdoc.com.

3.

If (i) your User information changes or (ii) you wish to update your preferences with respect to SMS messaging or other communications from us, you may correct, delete inaccuracies, or amend your User information and preferences by making the change on our user information page or by emailing us at support@gogetdoc.com. We will make commercially reasonable efforts to respond to your access request within thirty (30) days. For California residents seeking to exercise their rights under the California Consumer Privacy Act, please review our California Privacy Notice for additional information.

USING THE PLATFORM

1.

Data Uploaded to the Portals and the App. Each User is responsible for the accuracy and completeness of any information that such User and its agents or representatives (as applicable) enter on, submit to or upload to the Platform (including but not limited to, User contact information, such as a current telephone number and email address). GoGetDoc may not be able to verify the accuracy of such information and may rely on such input information without further corroboration or inquiry. Each User further understands that any changes to such User’s contact information may affect services received under the Platform, that the User is responsible for notifying us of such changes in a timely manner, and that the User is solely responsible for any changes in the Platform provided to the User following a change in contact information by the User about which we are not notified.

2.

User Content License Grant. Subject to the terms of the Privacy Policy and in accordance with applicable laws (including any restrictions on our ability to use and share any confidential or health-related information you may submit or transmit through the Platform), you hereby grant to GoGetDoc a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish and distribute from any content that you post, upload, publish, submit or transmit to be made available through the Platform (“Your Content”), for use in connection with the Platform and for GoGetDoc to provide services to the Supported Provider. By posting or submitting Your Content through the Platform, you represent and warrant (a) that Your Content is accurate and not misleading; and (b) that use of Your Content does not violate these Terms of Service or the Privacy Policy and will not cause injury, including any privacy or security risk to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or uploaded to the Platform, by you or any third party.

3.

Utilization of Wellpay services. 

Refunds: If at any point you would like a refund before we have paid your provider, please contact Wellpay support at wellpay@gogetdoc.com.

We will refund you, in full, to the payment method you used to pay Wellpay.

If we have already paid your provider, the bill is non-refundable.

Bill eligibility for Wellpay: GoGetDoc & Wellpay reserve the right to reject any bill, for any reason, even after accepting your payment. If we reject your bill, we will refund you in full, to the payment method you used to pay Wellpay.

Payment to your provider: If Wellpay is unable to pay your bill to your provider within 30 days, we will refund you, in full, to the payment method you used to pay Wellpay. For this reason, bills may not be more than 30 days past due.

By uploading your bill, you agree to let GoGetDoc see the contents of your bill, and pay it on your behalf.

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TERMS APPLICABLE TO THE PLATFORM

1.

License to Use Platform. Subject to your compliance with these Terms of Use, GoGetDoc hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to access and use the Platform (including updates and upgrades that replace or supplement it in any respect and which are not distributed under a separate license, and any documentation) solely on computers, mobile telephones and other electronic devices that you own or control, and subject to the limitations set forth below. The license set forth in these Terms of Use is limited to the intellectual property rights of GoGetDoc and its affiliates and licensors and does not include any rights to other patents or intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Platform comprise a limited license and do not constitute the sale of any software program.

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The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and GoGetDoc not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and GoGetDoc acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and GoGetDoc acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, GoGetDoc, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third-party terms of agreement when using the App. You and GoGetDoc acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

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If you acquire the App from Amazon Digital Services, Inc. or one of its affiliates (“Amazon”) via the Amazon Appstore or its successor(s), then to the extent of any conflict between the Amazon Appstore Customer Terms of Use or such other terms that Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and the other terms and conditions in these Terms of Use, the Amazon Appstore EULA Terms shall apply with respect to your use of any App that you acquire from the Amazon Appstore and associated content. GoGetDoc and you hereby acknowledge that GoGetDoc is the licensor of the App and that Amazon is not a party to these Terms of Use. GoGetDoc and you hereby acknowledge that Amazon does not have any responsibility or liability related to compliance or non-compliance by GoGetDoc or you (or any other User) under these Terms of Use or the Amazon Appstore EULA Terms.

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If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Use and the Google Play Business and Program Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms of Use, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. GoGetDoc and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by GoGetDoc or you (or any other User) under these Terms of Use or the Google Play Terms.

USE RESTRICTIONS.

1.

You agree that: (i) you will not use the Platform if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will only use the Platform for lawful purposes; (iii) you will not use the Platform to send or store any unlawful, false or misleading material or for fraudulent purposes or to engage in any illegal, offensive, indecent, abusive or objectionable conduct; (iv) you will not use the Platform to advertise, solicit or transmit unsolicited or unauthorized commercial advertisements, including “spam”; (v) you will not use the Platform to cause nuisance, annoyance, harm or inconvenience; (vi) you will not impair the proper operation of the Platform; (vii) you will not try to interfere with or disrupt the Platform or any software, hardware, telecommunications equipment or networks used by us or otherwise; (viii) you will not copy, or distribute the Platform or other content without prior written permission from the GoGetDoc; (ix) you will only use the Platform for your own use and will not resell it to a third party and will not use the Platform or any content available through the Platform to infringe any copyright, patent, trademark, trade secret or other proprietary rights or violate any rights of publicity or privacy; (x) you will keep secure and confidential your account password or any identification we provide you which allows access to the Platform; (xi) you will provide us with whatever proof of identity we may reasonably request: (xii) you will not use the Platform to knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; and (xiii) you will not use the Platform to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

2.

You agree to protect the Platform, and its proprietary content, and any associated information and other materials, from any unauthorized access or use, and you agree that you will not use the Platform or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by GoGetDoc. Except as specifically permitted herein or expressly authorized in writing by GoGetDoc, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit any of the Platform in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use any of the Platform in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the Platform, any updates, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from any of the Platform, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).

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You further understand and agree that you are not permitted to: (u) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the Platform; (v) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with any of the Platform); (w) use any means to discover the source code of any portion of the Platform; (x) access data not intended for you or log into a server or an account that you are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (z) otherwise circumvent any functionality that controls access to or otherwise protects any of the Platform. Any attempt to do any of the foregoing is a violation of the rights of GoGetDoc and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use, including without limitation, removing the offending content from our Platform, suspending or terminating the access for such violators to our Platform and reporting violations to the law enforcement authorities. You further agree not to use any of the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that GoGetDoc is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Platform.

THIRD PARTY SERVICES AND MATERIALS.

1.

As part of the Platform, we will be displaying, including or making available content, data, information, applications or materials from third parties, including but not limited to from Supported Providers (collectively, “Third Party Materials”) or provide links to certain third-party websites. By using the Platform, you acknowledge and agree that GoGetDoc is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. GoGetDoc does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. GoGetDoc does not guarantee the availability or display of Third Party Materials and reserves the right to remove any Third Party Materials at any time in our sole discretion. Any opinions, advice, statements, views, positions, services, offers, or other Third Party Materials expressed or made available on the Platform are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or positions or those of our licensors. You use or rely on Third Party Materials at your own risk.

2.

In addition, the Platform, as well as any third-party services and Third Party Materials that may be accessed from, displayed on or linked to from the Platform are not available in all languages or in all countries. GoGetDoc makes no representation that any third-party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, rules and regulations, including but not limited to applicable local laws.

3.

Support Services. If you have a question regarding your use of the Platform or would otherwise like to speak to a member of our support services team, you may email support@gogetdoc.com.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY, RELEASE & INDEMNITY

1.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM (INCLUDING, WITHOUT LIMITATION, THE PORTALS, THE APP, ANY THIRD PARTY MATERIALS, AND THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GOGETDOC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FOREGOING (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. GOGETDOC SHALL NOT BE RESPONSIBLE FOR ANY SERVICES PROVIDED BY ANY SUPPORTED PROVIDERS, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE COLLECTIONS FOR TESTS PERFORMED AS PART OF THE PLATFORM, AND ANY FAULT OR FAILURE IN THE PERFORMANCE OF SUCH COLLECTIONS SHALL BE THE SOLE RESPONSIBILITY OF THE SUPPORTED PROVIDERS. GOGETDOC DOES NOT WARRANT THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE PLATFORM WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOGETDOC OR ITS AUTHORIZED REPRESENTATIVE OR AGENTS SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

2.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL GOGETDOC BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE PLATFORM OR THIS TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF GOGETDOC HAS BEEN ADVISED, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE PLATFORM, INCLUDING WITH RESPECT TO THE PERFORMANCE OF SERVICES BY SUPPORTED PROVIDERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IF FOR ANY REASON A COURT OR ARBITRATOR FINDS GOGETDOC LIABLE FOR DAMAGES NOTWITHSTANDING THE FOREGOING, GOGETDOC’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00) IN THE AGGREGATE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

3.

You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that GoGetDoc would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce GoGetDoc to grant you the rights set forth in these Terms of Use. To the extent that GoGetDoc may not, as a matter of applicable law, disclaim any implied warranty or limit their liabilities, the scope and duration of such warranty and the extent of liability of GoGetDoc  will be the minimum permitted under such applicable law.

4.

By entering into these Terms of Use and using the Platform, you agree that you shall defend, release, indemnify and hold GoGetDoc, and each of its licensors, and the respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys business partners and agents of each of the foregoing, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law, rule or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Platform; (d) Your Content; or (e) your negligence or willful misconduct. If you are a California resident, you waive California Civil Code Section 1452, 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."  If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

OWNERSHIP

1.

The Platform (including the Portals) and their content, including their "look and feel" (e.g., text, graphics, images, logos, registered and unregistered trademarks, trade names, and service marks), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. GoGetDoc is a trademark of GoGetDoc. You acknowledge and agree that GoGetDoc and/or its licensors own all right, title and interest in and to the Platform (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of GoGetDoc’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Platform (including the Portals), and all software, content, data, information and materials contained therein are the confidential and proprietary information of GoGetDoc (or its licensors), and accordingly you agree to (i) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of GoGetDoc, and (ii) only use such information for the purposes of using the Platform provided by GoGetDoc hereunder, in accordance with these Terms of Use.

2.

Any and all (i) suggestions for correction, change and modification to the Platform and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to GoGetDoc by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by GoGetDoc or otherwise relating to the Platform (collectively, “Revisions”), are and will remain the property of GoGetDoc. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Platform or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of GoGetDoc and GoGetDoc may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. GoGetDoc is not obligated to use your Feedback in any way. You acknowledge and agree that GoGetDoc is not obligated to keep your Feedback confidential other than as set forth in the Privacy Policy. You represent that your Feedback is entirely your original work. You hereby assign to GoGetDoc any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. At GoGetDoc’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

ARBITRATION AND CLASS ACTION WAIVER

THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.

• Informal Process First. You agree that in the event of any dispute between you and GoGetDoc, you will first contact GoGetDoc and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including, without limitation, any court action.
• Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of GoGetDoc’s services and/or products, including any of the Platform, or relating in any way to the communications between you and GoGetDoc or any other user of the Platform, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and GoGetDoc. However, this arbitration agreement does not (a) govern any Claim by GoGetDoc for infringement of its intellectual property or access to the Platform that is unauthorized or exceeds authorization granted in these Terms of Use or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use the Platform by following the procedure described below. 

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and GoGetDoc are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms of Use.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to GoGetDoc, LLC, 400 Concar Drive, San Mateo, CA 94402. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Platform on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. New York law, without regard to conflicts of law principles, will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Platform on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

If you do not want to arbitrate disputes with GoGetDoc and you are an individual, you may opt out of this arbitration agreement by sending an email to support@gogetdoc.com within thirty (30) days of the first of the date you access or use the Platform.

Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and GoGetDoc each waive any right to a jury trial.

GENERAL PROVISIONS

1.

Modifications. We may modify these Terms of Use at any time. Modifications become effective with respect to you immediately upon your first interaction with or use of the Platform after the “Last Revised” date at the top of these Terms of Use, an up-to-date version of which may be found at www.gogettested.com/policy. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Website and App. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the Platform after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not continue to access or use the Platform.

2.

Termination. If you breach any of the terms of these Terms of Use, all licenses granted by GoGetDoc, including permission to use the Platform, will terminate automatically. Additionally, GoGetDoc may suspend, disable, or delete your User Account and/or the Platform (or any part of the foregoing) with or without notice, for any or no reason. If GoGetDoc deletes your User Account for any suspected breach of these Terms of Use by you, you are prohibited from re-registering for the Platform under a different name. In the event of User Account deletion for any reason, and subject to the Privacy Policy, GoGetDoc may delete any of Your Content, and GoGetDoc shall not be responsible for the deletion of (or failure to delete) Your Content, unless such deletion is otherwise required by applicable laws. All sections which by their nature should survive the termination of these Terms of Useshall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by GoGetDoc or you. Termination will not limit any of GoGetDoc’s other rights or remedies at law or in equity.

3.

Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to GoGetDoc for which monetary damages would not be an adequate remedy and GoGetDoc shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without posting a bond, other security or proof of damages.

4.

Electronic Communications Notice. When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Platform. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use our Platform.

5.

Mobile. To the extent you access our Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain elements of the Platform may be prohibited or restricted by your carrier, and not all aspects of the Platform may work with all carriers or devices. By using the Platform, you agree that we may communicate with you regarding the Platform by electronic means and that certain information about your usage of the Platform may be communicated to us.

6.

Miscellaneous. These Terms of Use may not be modified except by a writing executed by the duly-authorized representatives of GoGetDoc. No other act, document, usage or custom will be deemed to modify or amend these Terms of Use. These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by GoGetDoc but may not be assigned by you without the prior express written consent of GoGetDoc. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Use will be deemed to constitute a designation of either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Use but are for convenience only. The AAA Rules and the laws of the State of New York, without regard to its conflicts of law rules, govern these Terms of Use and your use of the Platform. Your use of the Platform may also be subject to other local, state, national, or international laws.

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Under California Civil Code Section 1789.3, California users of the Platform receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

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8.

Entire Agreement. These Terms of Use together with the Privacy Policy and Additional Terms set forth the entire understanding of the parties with respect to the matters contained herein and supersede any prior negotiations and agreements. There are no promises, covenants or undertakings between the parties, including with respect to the matters set forth therein other than those expressly set forth herein.

9.

Contact Us. You may contact us regarding the Platform or these Terms of Use, including if you require information that is not available on the Platform, by emailing us at support@gogetdoc.com.

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