FORMDOCTOR TERMS OF SERVICE
Welcome, and thank you for using FormDoctor.com and or other FormDoctor.com services and applications. FormDoctor.com is a digital patient intake management service.
When you use our service, you are agreeing to our terms, so please take a few minutes to carefully read the entire Terms and Conditions below.
NOTICE: You are entering into a legally binding agreement
The mission of FormDoctor.com and STOIC TECHNOLOGY CORPORATION (collectively “FORMDOCTOR”) is to simplify patient intake management and allow medical staff to focus on the care of its patients, rather than paper work. Members will be able to provide our pre-generated templates or a custom form to new patients, in digital form, to be filled out and subsequently stored in a FormDoctor account before a doctor’s appointment. Completed forms are stored in secure HIPAA compliant servers and can be accessed by authorized members. Forms can be modified, printed, or exported to integrate with your practice management software.
To achieve our mission, we make services available through our website and mobile application to help you simplify and manage patient intake forms.
You must comply with all applicable laws, including the laws from where you access FormDoctor, and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the remainder of these Terms of Services.
As between you and FormDoctor, you own the content and information you provide FormDoctor under this Agreement, and may request its deletion at any time. Additionally, You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Service in order to facilitate the ordinary use of the Service.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights.
To be eligible to use the Services, you must meet the following criteria and represent that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services and/or Goods, or not otherwise prohibited from having a FormDoctor account, (3) are not a competitor of FormDoctor or are not using the Services for reasons that are in competition with FormDoctor; (4) will use your real name and only provide accurate information to FormDoctor; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of FormDoctor or third parties, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
The account you create on FormDoctor will become part of FormDoctor and is owned by FormDoctor. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your FormDoctor account to another party; and (5) not charge anyone for access to any portion of FormDoctor, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your FormDoctor account, respectively, please email FormDoctor at firstname.lastname@example.org with a request to close your account.
If You register on our website for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST. NOTWITHSTANDING SECTION 9 (REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS), DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through FormDoctor.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
For purposes of service messages and notices about the Services, FormDoctor may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from FormDoctor to an email address associated with your account, even if we have other contact information. You also agree that FormDoctor may communicate with you through your FormDoctor account or through other means including email, mobile number, telephone, or delivery services including the postal service about your FormDoctor account or services associated with FormDoctor. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
FormDoctor may offer the Services through applications built using FormDoctor ‘s platform (“FormDoctor Applications”). Examples of FormDoctor Applications include its smart phone applications (e.g. FormDoctor for Android and iOS). If you use a FormDoctor Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing FormDoctor plugins that load in your browser may be communicated to us. Further, by importing any of your FormDoctor data through the FormDoctor Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your FormDoctor account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing FormDoctor through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Your use of FormDoctor services, including our software, is subject to export
and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or FormDoctor authorized application.
Any other use of FormDoctor contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in FormDoctor and all related items, including any and all copies made of the FormDoctor website.
For as long as FormDoctor continues to offer its Services, FormDoctor shall provide and seek to update, improve and expand the Services. As a result, we allow you to access FormDoctor as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue FormDoctor, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on FormDoctor or by direct communication to you unless otherwise noted.
FormDoctor further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by FormDoctor to be contrary to this Agreement. FormDoctor may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.
The Services include the copyrights and Intellectual property rights of FormDoctor and except for the limited license granted to you in in this agreement, FormDoctor reserves all of its intellectual property rights in the Services. FormDoctor, FormDoctor (stylized), and “FormDoctor” logos.
FormDoctor trademarks, service marks, graphics, and logos used in connection with FormDoctor are trademarks or registered trademarks of FormDoctor or FormDoctor Affiliates in the U.S. and/or other countries. Other trademarks and logos used in connection with FormDoctor may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
We will (a) make the Services and Content available to You pursuant to this Agreement and the applicable Order Forms, (b) provide Our standard support for the Purchased Services to You at no additional charge, and/or upgraded support if purchased, and (c) use commercially reasonable efforts to make the online Purchased Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which We shall give at least 8 hours electronic notice and which We shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Pacific time), and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, Non-simpleinteract.com Application, or denial of service attack.
We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data, as described in the Documentation. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except (a) to provide the Purchased Services and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 8.3 (Compelled Disclosure) below, or (c) as You expressly permit in writing.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON FORMDOCTOR OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR FORMDOCTOR AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. FORMDOCTOR DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FORMDOCTOR AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY FORMDOCTOR OR ANYTHING RELATED TO FORMDOCTOR, YOU MAY CLOSE YOUR FORMDOCTOR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. FORMDOCTOR IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT OR OTHERWISE ACCESSED THROUGH FORMDOCTOR TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. FORMDOCTOR DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS; THEREFORE, FORMDOCTOR DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. FORMDOCTOR DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. FORMDOCTOR DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, FORMDOCTOR DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE FORMDOCTOR SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither FormDoctor nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“FormDoctor Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from FormDoctor. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
You may terminate this Agreement, for any or no reason, at any time, with notice to FormDoctor pursuant to Section 9 below. This notice will be effective upon FormDoctor processing your notice. FormDoctor may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only FormDoctor or the party paying for the services may terminate your access to any Premium Services. Termination of your FormDoctor account includes disabling your access to FormDoctor and may also bar you from any future use of FormDoctor.
FormDoctor may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes abusing the FormDoctor services; creating multiple or false profiles; using the Services commercially without FormDoctor’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that FormDoctor, in its sole discretion, deems contrary to its purpose.
Upon termination of your FormDoctor account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Section 4 (“Our Rights and Obligations”).
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access FormDoctor, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and FormDoctor agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and FormDoctor agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that FormDoctor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
In addition to Section 2.7. (“Notices and Service Messages”), we may notify you via another FormDoctor site or app. You may contact us via phone at (800) 578-4202, or via mail at support@formdoctor.COM, or mail at: FormDoctor, 815-A Brazos Street #114, Austin, TX 78701. Additionally, FormDoctor accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and FormDoctor regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FormDoctor services, third-party content or third party software.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any FormDoctor Affiliate shall be deemed legally binding on any FormDoctor Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of FormDoctor.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than FormDoctor that FormDoctor owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, FormDoctor for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
As a condition to access FormDoctor, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
DO UNDERTAKE THE FOLLOWING:
DON’T UNDERTAKE THE FOLLOWING:
You will pay all fees specified in Order Forms. Payment obligations are non-cancelable and fees paid are non-refundable.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this Section. We will invoice You and You will pay that amount unless You provideUs with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, property and employees.
If you have questions or comments about this User Agreement, Please contact us online at: email@example.com