VoloDoc Terms of Service

These Terms of Service (the “Terms of Service”) apply to the use of the online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Volodoc, Inc. (“Volodoc”), including the https://volodoc.com website (the “Site”) and the services available to users through the Site, including without limitation software, applications, and services provided to Healthcare Providers for use with their Users, and vice versa, for identifying Healthcare Providers, scheduling appointments and other communications (“Service” and “Services”). “Guests” are individuals who are visitors to our Site and users of our Services who do not have an Account (for example, if you visit our Sites or download our mobile application without creating an Account). “Healthcare Providers” are doctors, medical groups, or other healthcare professionals who has signed up as a healthcare provider to use Volodoc Services, including the ability to book appointments and communicate with Users. “Users” are individuals who are interested in identifying Healthcare Providers and have signed up as users of the Services, including the ability to book appointment with Healthcare Providers. “You”, “Your” and similar terms refer to any Guests, Healthcare Providers, and Users who access or use the Site and/or Services. Your compliance with these Terms of Service is a condition to Your use of the Site and/or Services.

As a condition of using the Site or Services, You also agree to the terms of the Volodoc Privacy Policy and its region-specific annexes, as they may be changed from time to time (the “Privacy Policy”) that specify how we collect and handle Your information. Our Privacy Policy, which is incorporated herein by reference, is located at https://Volodoc/privacy-policy/. You agree that your use of any Services is subject to the Privacy Policy.

1. Ownership of the Site

All pages within this Site and any material made available by Volodoc for download are the sole and exclusive property of Volodoc or its licensors or suppliers, as applicable. The Site and Volodoc’s ownership interest is protected by the United States and international copyright and trademark laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site including, without limitation, Content provided in direct response to your questions or postings (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Volodoc. You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but instead is provided to assist you in choosing a doctor or other healthcare specialist, professional, provider, organization, or agent or affiliate thereof or otherwise to be generally informative. We also welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.

2. Healthcare Providers

To use this Site as a healthcare provider with a registered account (“Healthcare Provider”), You must agree to comply with all laws, medical or other board rules, or other rules and regulations applicable to You as a Healthcare Provider using the Site. Your relationship with a User is directly between You and the User. The User will never have a healthcare provider/patient-type relationship with Volodoc. Volodoc does not practice medicine or any other licensed profession and offers no medical or other professional services. Healthcare Provider is solely responsible for all agreements, consents, notices and other interactions with Users and other consumers. Without limiting the generality of the foregoing, Healthcare Provider is solely responsible for all billings and collections from Users and other consumers, and Volodoc shall have no liability whatsoever to Healthcare Provider concerning any amounts owed by any User or other consumers. Healthcare Provider agrees not to include any identifiable User information whatsoever (name, diagnosis, email, or any other protected health information identifier) in any communication with Volodoc. As stated above and repeated for emphasis: Volodoc has no healthcare provider/patient relationship with any of Healthcare Provider’s Users who become patients.

3. Healthcare Provider Selection

Volodoc’s lists of Healthcare Providers are not exhaustive. Healthcare Providers choose whether to participate in the Services, what appointment availability, if any, to advertise on their Volodoc profiles, and may also choose whether to make any new patient bookings received through Volodoc. This means that regardless of whether they participate in the Services, Healthcare Providers may have additional availability beyond what’s listed through the Services if you contact them directly. Healthcare Providers listed through the Services may enter into contracts with us, and may pay us fees in order to use or be marketed through the Services. If you book an appointment with a Healthcare Provider through the Services, Volodoc may receive a fee. To help you find Healthcare Providers who may be suitable for your needs and enable the maximum choice and diversity of Healthcare Providers participating in the Services, We will provide you with lists and/or profiles of Healthcare Providers. Any search results are based on information that you provide to us or which our Services reasonably acquire based on the information that You provide, such as insurance information, geographical location, and healthcare specialty and/or services they provide. They may also be partially based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Volodoc users, and past experiences of Volodoc Users with Healthcare Providers). Please note that there may be other Healthcare Providers who meet your search criteria but are not available through Volodoc.

4. Independent Professional Judgment of Healthcare Providers

Healthcare Provider are required use the Site and Services only in accordance with applicable standards of good professional practice. While software products such as the Services may improve the quality of service that Healthcare Provider and its personnel offer to Users, many factors, including the healthcare provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Healthcare Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Healthcare Provider’s patients who are Users. In this regard, Healthcare Provider releases Volodoc and waives all potential claims against Volodoc as a result of the Healthcare Provider’s use of the Site and Services, and the provision of services to Healthcare Provider’s patients who are Users.

5. No Advice or Referral Services

As part of the Services, Volodoc provides a capability for Healthcare Providers to communicate with Users. Volodoc does not provide any medical, legal, or other professional advice. Volodoc makes no representations or warranties whatsoever relating to any medical, professional or legal issues associated with Healthcare Providers, the Healthcare Provider’s patients who are Users, or goods or services offered by Healthcare Provider, including but not limited to any compliance obligations with any country, state or federal authority. The Content that you obtain or receive from Volodoc, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational and scheduling purposes only. You should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Site or Services in determining Your compliance obligations under the law. Volodoc is not a referral service and does not refer, recommend or endorse any particular Healthcare Provider, test, procedure, opinion, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage You to independently confirm any Content relevant to you with other sources, including the Healthcare Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education. Volodoc encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.

6. Electronic Communications

You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such notice or other communications be in writing.

7. Site Access; Security and Restrictions; Passwords; Accounts

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

1. accessing data not intended for Your use or logging onto a server or an account which You are not authorized to access; or
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
3. accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Service or violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated device, process, or means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. You may not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Violations of system or network security may result in civil or criminal liability. Volodoc will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. While the Volodoc software is a secure solution, You are also a part of its security. It is Your responsibility to: use a strong password and not share it; keep Your computer operating system and browser updated; use anti-virus and firewall software (and whitelist Volodoc); and not use Volodoc in a public place unless You can be assured there are no eavesdroppers. You agree to be fully responsible for all activities occurring under Your user ID. Each individual Healthcare Provider is required to have their own account. Use of that account is for that specific individual. You agree to notify us immediately of any unauthorized access to or use of your user ID or account or any other breach of security. We reserve the right to remove users and disable any account(s) that are being used by more than one user. We also may block any user who violates this policy from creating a new account. Volodoc reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing Volodoc to disclose the identity of anyone posting, publishing, or otherwise making available any materials that are believed to violate these Terms of Service.

8. License and Access; Termination by Volodoc

Subject to Your compliance with these Terms of Service and Your payment of any applicable fees, Volodoc or its content providers grant You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Volodoc Services. All rights not expressly granted to You in these Terms of Service are reserved and retained by Volodoc or its licensors, suppliers, publishers, rights holders, or other content providers. The Volodoc Site, or any part of any Service, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except as expressly authorized in writing by Volodoc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Volodoc without express written consent. You may not use any meta tags or any other “hidden text” utilizing Volodoc’s name or trademarks without the express written consent of Volodoc. You may only use the Services as intended for professional services and as permitted by law. Volodoc reserves the right to terminate Your account and revoke any licenses granted by Volodoc if You do not comply with these Terms of Service.

9. Termination of Your Account

If You desire to terminate Your account, You must log in to Your account and delete Your account under account settings. Unless required by law or if a violation of these Terms of Service, Volodoc will not delete Your account even if it is inactive.

10. Accuracy and Integrity of Information

Although Volodoc attempts to ensure the integrity and accuracy of the Site and the Content on the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform Volodoc at support@Volodoc.com so that it can be corrected. Information contained on the Site may be changed or updated without notice.

11. Links to Other Sites

Volodoc makes no representations whatsoever about any other website that You may access through this Site. Volodoc neither endorses nor accepts any responsibility for any content or use of a third-party website. If You decide to access any of the third-party sites linked at this Site, You do this entirely at Your own risk.

12. Posted Information and Content

You may have the opportunity to submit feedback regarding your experiences with Healthcare Providers you find through the Services, to submit inquiries concerning possible medical needs, and to participate in the other interactive or community features of the Services (collectively, “Posted Information”). It is important that you act responsibly when providing Posted Information. Your Posted Information must comply with our standards, and your Healthcare Provider reviews must comply with our guidelines, as well as any internal policies we may develop and implement from time to time. Please note that while Volodoc may moderate Posted Information (including but not limited to Healthcare Provider reviews) for compliance with the requirements in this paragraph, Volodoc does not endorse or confirm the accuracy of any statements made in such Posted Information; Posted Information solely reflects the views and opinions of the author, and not of Volodoc. You are solely responsible for any Posted Information or Content posted to the Site. Any Posted Information or Content You upload to the Site such as consents, notices, advice, recommendations, comments, files, videos, images, external website links, or other information must not:

1. (1) be defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or encourage criminal or unethical behavior,
2. (2) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or
3. (3) contain or transmit a virus or any other harmful components. You are solely responsible for obtaining all necessary agreements and consents and providing all required notices to those who will view or utilize Your Content.

By uploading Posted Information or Content and any other information to the Site, You represent and warrant to Volodoc that:

1. (1) You have the legal right to grant permission for use by the Site and Volodoc of Posted Information or Content and other information, and
2. (2) You have the legal right and authorization to upload all Posted Information or Content and other information uploaded by you to the Site.

Volodoc does not own any of the Posted Information or Content you upload. You hereby grant to Volodoc a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Posted Information or Content, including remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Volodoc through the Site (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Volodoc will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for services, products, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Volodoc operations or businesses. Volodoc is and shall be under no obligation to respond to any Submission. Volodoc does not regularly review Posted Information or Content but does reserve the right (but not the obligation) to monitor and edit or remove any Posted Information or Content submitted to the Site. You grant Volodoc the right to use the name that You submit in connection with any Posted Information or Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Posted Information or Content. You are and shall remain solely responsible for the content of any Content You post to the Site or provide to Users who are patients or other consumers. Volodoc and its affiliates take no responsibility and assume no liability for any Posted Information or Content submitted by You or any third party. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. To comply with the Children's Online Privacy Protection Act of 1998, including its regulations and amendments (“COPPA”), Volodoc is not allowed to collect or store information from a minor. Thus, while using the platform You agree to coordinate care only with the minor's parent or guardian (e.g. do not invite a minor directly) and not cause Volodoc to store information directly from the minor. You agree to defend, indemnify (to the extent permitted by law) and hold Volodoc harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) arising from or relating to Your use of this Site, Your violation of applicable law, or from any Posted Information or Content or other information You post or allow to be posted to the Site.

13. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If You believe that Your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Volodoc respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Volodoc’s designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If You are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) containing all of the written information specified below. Please note that this procedure is exclusively for notifying Volodoc that your copyrighted material has been infringed. Please include the following in the Notice:

• Identify and describe the copyrighted works that You claim have been infringed upon.
• Identify the material or link You claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL of the link shown on the Site where such material may be found.
• Provide Your mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide Your full legal name and Your electronic or physical signature. Deliver this Notice, with all items completed, to Volodoc Legal at legal@volodoc.com

14. Disclaimer of Warranties

15. Limitation of Liability

16. Dispute Resolution.

In the event of any dispute or claim relating to the Site, the Services or these Terms of Service, You agree to the resolution of such dispute in the state or federal courts located in Allegheny County, Pennsylvania, and you hereby consent to the jurisdiction of any such court. These Terms of Service shall be governed, interpreted and enforced in accordance with the internal laws of the Commonwealth of Pennsylvania (excluding its conflicts of laws principles).

17. Revisions; General

These Terms of Service, the Privacy Policy (and related policies) constitute the entire agreement between Volodoc and You pertaining to the subject matter hereof. We are constantly trying to improve our Services, so these Terms of Service may need to change along with our Services. In its sole discretion, Volodoc may from time-to-time revise and update these Terms of Service by updating this posting. All revisions and updates are effective immediately when we post them and apply to all access to and use of the Site thereafter. You should, therefore, periodically visit this page to review the current Terms of Service so You are aware of any revisions, as they are binding on You. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site, or by a services agreement between You and Volodoc. Your continued use of the Site following revisions signifies Your acceptance and agreement to such revisions. Volodoc reserves the right, in its sole discretion, to terminate Your access to all or part of this Site, with or without cause, and with or without notice. We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will Volodoc be liable for any suspension or discontinuation of the Services or any portion thereof, and any use of new features to the Services will be governed by this Agreement. In the event that any provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be unlawful, void, or unenforceable, such provisions shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event any unlawful, void, or unenforceable provision shall be deemed to be modified to the extent necessary to

1. (1) render it valid and enforceable and
2. (2) give the fullest effect possible to the original intent of the provision.

Provisions that, by their nature, should survive termination of this Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation You have to pay us (including, without limitation, for the Services) or indemnify Us, any limitations on our liability, any terms regarding ownership or intellectual property rights (including but not limited to any rights or licenses granted to us under this Agreement), and terms regarding disputes between us will survive such termination.

18. Indemnification

You agree to defend, indemnify (to the extent permitted by law) and hold Volodoc harmless from and against all third-party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Volodoc arising out of the use or operation of the Site and Services due to:

1. a) Your breach of these Terms of Service or a violation of applicable law;
2. b) Your use or access of the Site;
3. c) access by anyone accessing the Site using Your user ID and password;
4. d) personnel of Healthcare Provider; or
5. e) any User who is a patient or any other third party or person claiming damage by virtue of a familial or financial relationship with such a User who is a patient.

To the extent applicable, You will obtain Volodoc’s prior written consent to any settlement or judgment in which You agree to or which otherwise provides or implies any finding of fault of Volodoc or any defect in the Site or Services or requires Volodoc to make any payments, bear any obligations or admit any liability unless You obtain Volodoc’s prior written approval. Volodoc will promptly notify You in writing of any claim subject to this indemnification, and promptly provide You with the information reasonably required for the defense of the same. However, without limiting Your obligations described above in this Section 17, Volodoc reserves the right to appear and defend any actions in which it is named as a party.