RevDoc Canada Corp.

TERMS OF USE

RevDoc’s SERVICES DO NOT INCLUDE HEALTH CARE SERVICES OF ANY KIND.  RevDoc’s SERVICES ARE LIMITED TO FACILITATING COMMUNICATION AND COORDINATION BETWEEN INDIVIDUAL USERS AND HEALTH CARE PROVIDERS.  USE OF RevDoc’s SERVICES DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN OR OTHER HEALTH CARE PROVIDER.  RevDoc’s SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY DIAL 911 OR SEEK CARE DIRECTLY FROM AN APPROPRIATE PROVIDER OF EMERGENCY HEALTH CARE SERVICES.

PLEASE READ THESE TERMS OF USE CAREFULLY. YOU UNDERSTAND THAT BY ACCESSING OR USING RevDoc’s SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND TO 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 RevDoc’s SERVICES OR ANY HEALTH CARE SERVICES PROVIDED BY OTHERS THAT ARE FACILITATED THROUGH RevDoc’s SERVICES.

THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME AS DESCRIBED BELOW.

INTRODUCTION

RevDoc Canada Corp. and its affiliates (collectively, “RevDoc”) own and operate the RevDoc Mobile Application (the “RevDoc App”), available via download from the Apple App Store or the Google Play Store (in either case, the “Sites”).  The services provided by the RevDoc App (the “RevDoc Services”) are available only to registered users (“Users”) and include (i) providing Users with information on health care (“Content”); (ii) gathering and maintaining health care records and health care information for use by participating health care providers for a variety of purposes, including the making and management of appointments for health care services, communications between providers and their patients in connection with health care services, prescription services; and (iii) administrative support in connection with scheduling, payment for health care provider services.

These Terms of Use are entered into between you and RevDoc.  These Terms of Use describe your rights and responsibilities in connection with your use of the RevDoc App and RevDoc’s Services.  Your access to and use of the RevDoc App and the RevDoc Services are subject to these Terms of Use, which includes our Privacy Policy set forth below, as well as all applicable laws and regulations.  In these Terms of Use, the terms “you” and “yours” refer to the person using the RevDoc App and/or the RevDoc Services. If you do not accept and agree to be bound by these Terms of Use, you may not access or otherwise use the RevDoc App, the RevDoc Services, or Content provided through the RevDoc App or the RevDoc Services.

CHANGES TO SERVICES AND TERMS AND CONDITIONS

The RevDoc App and the RevDoc Services are continually under development, and RevDoc reserves the right to change 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 RevDoc App or the RevDoc Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the RevDoc App. Unless otherwise indicated, any new Content is also subject to these Terms of Use upon posting to the RevDoc App. If you disagree with any part of these Terms of Use, your sole and exclusive remedy is to discontinue your use of the RevDoc App and the RevDoc Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

REVDOC’S SERVICES

RevDoc does not provide any medical or other health care services.  Through the RevDoc App, RevDoc provides a technology platform through which registered users may identify and communicate with independent health care providers (“Health Care Providers”) and arrange for and coordinate the performance of health care services by those Health Care Providers.  Health Care Providers are solely responsible for the health care services they perform, subject to the terms and conditions set forth BELOW.  Without limiting the generality of the foregoing, the diagnosis and treatment of any health care condition, and the recommendation and selection of any treatment or other health care service is the sole responsibility of the Health Care Provider.  RevDoc does not recommend any particular Health Care Provider and cannot determine whether that Health Care Provider is appropriate to determine your health care condition or needs, and RevDoc does not recommend any particular health care service be performed for you.  Those matters are the sole responsibility of the user and the Health Care Provider that they select. 

SERVICES OF HEALTH CARE PROVIDERS

You may, through the RevDoc App, identify Health Care Providers who are available to perform certain health care services for you.  If you access the services of Health Care Providers through the RevDoc App, you agree that the following terms and conditions will apply:

1.     Health Care Providers are solely responsible for the health care services they may provide to you and for their compliance with all laws, regulations, and standards of care and practice that apply to them and the health care services they may provide to you.   You agree to indemnify and hold harmless RevDoc from and against any loss or other claim arising from injury or other harm or damage you may suffer arising from any health care services you may receive from a Health Care Provider.

2.     Without limiting the generality of the foregoing, you are solely responsible for the selection of any Health Care Provider who performs health care services for you, and for your consent and agreement to receive any particular health care service, or for your decision not to receive any particular health care service, or for your failure to comply with any medical advice or recommendations you receive from a Health Care Provider.

3.     You agree to provide all relevant medical and other personal information and discuss any and all diagnosis and treatment options with your Health Care Provider.

4.     If you decide to receive health care services through telehealth, you acknowledge the following.  A Health Care Provider may be limited by law or regulatory requirements in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to receive health care services from a Health Care Provider, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through telehealth may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the Health Care Provider’s ability to diagnose any potential condition, disease or injury.  For more information regarding the health care services offered by Health Care Providers, please visit the Products and Services page in the RevDoc App.

5.     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 RevDoc 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. 

6.     Any services you receive from a Health Care Provider that are covered by your provincial or territorial health care plan (“Insured Services”) will be billed to the public plan by your Health Care Provider.  For all other services (“Uninsured Services”), by choosing to use RevDoc Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or public health care program. Thus, you are solely responsible for the costs of any Uninsured Services or products provided to you.

7.     The fees Health Care Providers will charge for Uninsured Services they provide to you will be disclosed in the RevDoc App when you order those services.  When you order Uninsured Services through the RevDoc App, you will be informed of and required to make payment for those services in accordance with the schedule of fees provided at that time.  The schedule of fees is, however, subject to change at any time.  You understand that any fees payable by you through the RevDoc App are for Uninsured Services and are not required in order to receive any Insured Services and are not in exchange for access to see a Health Care Provider for Insured Services and do not provide for, or enable, “queue jumping.”

8.     You agree to pay all fees due to Health Care Providers for the Uninsured Services they perform for you on your own behalf and shall not use the credit card of another person to do so.  Health Care Providers have no obligation to provide any Uninsured Services unless and until full payment has been received and/or verified through the RevDoc App.  When you register your account with RevDoc, you will see a prompt in the RevDoc App for your payment details, including your credit card information. By entering your payment information and submitting your registration, you authorize RevDoc and our third-party payment processors to charge to you, on behalf of Health Care Providers, the amounts you owe to those Health Care Providers on account of the Uninsured Services health care services they provide to you. You understand and agree that you are responsible for all fees due to receive Uninsured Services, including any fees charged by the Health Care Provider(s), administrative fees and credit card processing fees.  In the event that your credit card expires or RevDoc or 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.

9.     If you use funds held in a health spending account (HSA) or other private or employer-sponsored benefit plan to pay for uninsured services received from a healthcare provider, you are solely responsible for confirming that those funds may be used for that purpose.

10.  If you receive an order for laboratory services or a prescription for medications, devices, or supplies from a Health Care Provider, you may select a laboratory or  pharmacy through the RevDoc App to perform your tests or fulfill your prescription. You may also choose to have your tests performed by or your prescription fulfilled through another provider of your choice when prompted during your use of the RevDoc Services. You give us consent to send and disclose to the laboratory or pharmacy you select 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 laboratory or pharmacy services.

11.  At-home sample collection kits available through the RevDoc App may require a valid order by a licensed health care provider. RevDoc has partnered with a health care provider who is licensed in your province or territory to review your request for at-home testing (the "Reviewing Provider"). You understand and agree that at-home testing services are intended for informational, educational, and wellness purposes only. They are not intended to be diagnostic. You further understand and agree that you do not establish a provider-patient relationship with the Reviewing Provider as a result of your use of the Services. We will send or cause to be sent the requested test kit to your address after any required health care provider review and approval. You must follow the instructions that accompany the kit to register your kit, collect the applicable biological sample(s), complete any required documentation, and return such biological samples and documentation to the applicable laboratory that performs the testing (the "Lab"). Failure to follow the instructions may result in your samples not being processed by the Lab. The Lab sends the results of the tests to the Reviewing Provider who releases the test results to us. We provide the test results to you via the Services. You understand and agree that it is your responsibility to bring your results to your primary health care provider for interpretation and to inform decisions made about your health and treatment.

12.  RevDoc works to identify and make appropriate arrangements with Health Care Providers who will be available to perform the health care services described in the RevDoc App.  However, RevDoc cannot and does not assure that any particular Health Care Provider will be appropriate to meet the needs of each User or will be available to provide Health Care Services at any given time or in any given location.  Information provided through the RevDoc App regarding Health Care Providers, and their qualifications, services, and availability, is based upon information RevDoc received from those Health Care Providers and from certain other sources.  RevDoc cannot and does not guarantee the accuracy and completeness of that information.  You are responsible for confirming all such information with any Health Care Provider that you select through the RevDoc App to perform health care services for you.

13.  Health Care Providers have agreed to use and disclose your health care and other personal information in accordance with the Health Care Provider’s Notice of Privacy Practices set forth in our “Privacy Policy” located within the RevDoc App.

COMMUNICATIONS

RevDoc or Health Care Providers may from time to time send you disclosures, notices, messages, reports, and other communications through the RevDoc App. It is your responsibility to monitor these communications.  None of the communications you receive from RevDoc should be treated as medical advice.  RevDoc is not responsible to you in any way, and is not liable for any loss, injury, or claim of any kind, that may result from the contents of any communications you may receive from Health Care Providers through the RevDoc App or from your failure to read these communications in a timely way or for your failure to comply with any treatment recommendations contained in these communications.

SMS

By consenting to the Service, you agree to receive recurring SMS/text messages from and on behalf of RevDoc through your wireless provider to the mobile number you provided.  

Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).  

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with RevDoc. Your participation in this program is completely voluntary.  

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details.  

You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to 844-573-8362 or click the unsubscribe link (where available) in any text message to cancel.  

You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other RevDoc mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 844-573-8362 or email optout@revdoc.com.  

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy policy located on www.revdoc.ca or within the RevDocApp.

AVAILABILITY

Some of the health care services described in the RevDoc App are available only in the locations described in the RevDoc App.

ELIGIBILITY

In order to use the RevDoc App and the RevDoc Services:

You must be 18 years of age or older.

You must be located in a province or territory in which RevDoc operates.

You must register with RevDoc through the RevDoc App and agree to be legally bound by and comply with these Terms of Use.

Satisfying these requirements does not guarantee that you will be able to receive any particular health care services described in the RevDoc App. All health care services are provided by health care providers who are solely responsible for the services they may provide to you.

REQUIREMENTS FOR USE

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

REGISTRATION AND USER ACCOUNTS

Although certain parts of the App are accessible by any individual, you are obligated to register with RevDoc in order to access the Services. RevDoc’s Services are available only to Users who have registered with RevDoc and have been granted an account with a username and password. If you are a 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 through the RevDoc App.   If you do not maintain accurate, complete and up to date information, or RevDoc has reasonable grounds to suspect as much, RevDoc may suspend or terminate your account and your use of RevDoc’s Services. You must also notify RevDoc immediately of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to RevDoc Services by emailing RevDoc at info@revdoc.com. RevDoc may take any and all actions it deems necessary or reasonable to maintain the security of the RevDoc App, the RevDoc Services, and User accounts.  You must keep confidential your username and password and to exit from your User account at the end of each session. You are responsible for all activities that occur under your account. 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 at any time allow any other person to use your User account, and you may not at any time use anyone else’s account.  RevDoc explicitly disclaims liability for any and all losses and damages arising from your failure to comply with any of these terms. You acknowledge and agree that: (1) all or any part of the RevDoc App or the RevDoc Servicers may not be accessible at any time, for any period, or for any reason; and (2) RevDoc will not be liable if for any reason all or any part of the RevDoc App or the RevDoc Services is unavailable at any time or for any period.

‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM

The RevDoc App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the RevDoc App on a mobile phone with a modified operating system may undermine security features that are intended to protect your health and other personal information from unauthorized or unintended disclosure. Use of the RevDoc App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

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, download, access, and use the RevDoc App in Canada and to use the RevDoc Services solely for your personal and non-commercial use and only as permitted under these Terms of Use.  No other right, title, or interest in or to the RevDoc App is transferred to you, and all rights not expressly granted are reserved by RevDoc or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the RevDoc App or the RevDoc 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 RevDoc App or the RevDoc Services to violate any local, provincial, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the RevDoc App; (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 the RevDoc App, or any other system, device, or property; (e) access or use the RevDoc App 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 RevDoc App, the RevDoc Services or related materials in any way; (g) use or access the RevDoc App to create or develop competing products or services or for any other purpose that is to RevDoc’s detriment or commercial disadvantage; (h) take any action or use the RevDoc App in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the RevDoc App or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the RevDoc App or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by RevDoc or any of our service providers to protect the RevDoc App; (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 the RevDoc App or any content made available to you on or through the RevDoc App; (l) use any manual process or automated device to monitor or copy any content made available on or through our App 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 RevDoc or third-party content from the RevDoc App; (n) otherwise use the App 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 CONTENT

As between RevDoc and you, RevDoc is the sole and exclusive owner of all right, title and interest in and to the RevDoc App and its 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 the RevDoc App except as generally and ordinarily permitted through the RevDoc App according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the RevDoc App or Content shall be owned solely and exclusively by RevDoc or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the App or Content.

TRADEMARKS

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

TERMINATION

The Terms of Use will remain in full force and effect as long as you continue to access or use the App or Services. You may discontinue your use of the RevDoc App and the RevDoc Services at any time. Your permission to use the RevDoc App and the RevDoc Services automatically terminates if you violate these Terms of Use. RevDoc may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the App 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, Severability of Provisions; No Waiver; and Assignment. Subject to applicable law, RevDoc reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, RevDoc will have no further obligation to provide the RevDoc Services.  You agree that if your use of the RevDoc Services is terminated pursuant to these Terms of Use, you will not attempt to use the RevDoc Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold RevDoc harmless from any and all liability that RevDoc may incur, therefore.

DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE REVDOC APP IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE REVDOC APP AND THE REVDOC SERVICES ARE PROVIDED THROUGH THE REVDOC APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. REVDOC AND ITS AFFILIATES, 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 REVDOC APP AND THE REVDOC SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, 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 REVDOC APP OR REVDOC SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER REVDOC NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE APP. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE REVDOC APP. FURTHERMORE, REVDOC DOES NOT GUARANTEE THAT THE REVDOC APP WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND REVDOC DISCLAIMS ANY LIABILITY RELATING THERETO.YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE REVDOC APP ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 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 REVDOC, 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, 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 APP OR ANY SERVICES PROVIDED THROUGH THE APP, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. THIS IS TRUE EVEN IF REVDOC OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless RevDoc 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 App in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.

MODIFICATIONS TO THE REVDOC APP

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

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND REVDOC TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REVDOC.  These Terms of Use and your use of the RevDoc App shall be governed by the laws of the State of Florida without giving effect to the principles of conflict of laws. Except where prohibited by law, any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Tampa, Florida 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. Except where prohibited by law, the parties agree that the courts located in Tampa, Florida shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.  All parts of these Terms of Use apply to the maximum extent permitted by law. RevDoc and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

NO WAIVER

No waiver by RevDoc 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 RevDoc 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. RevDoc 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 RevDoc is transferred to another entity by way of merger, sale of its assets or otherwise.

MODIFICATION OF APP

RevDoc reserves the right to remove any content or any other material or information available on or through the RevDoc App, at any time, for any reason. RevDoc will respond 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 RevDoc.

Notification of Claimed Copyright Infringement.

If you have objections to copyrighted content or material made available on or through our App, you may submit a notification to our Designated Agent at the following address:  info@revdoc.com.  Any notification to RevDoc 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 RevDoc 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.