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Terms of Service

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

  1. INTRODUCTION
  • PURPOSE

The mission of FormDoctor.com and MT3 Marketing LLC (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.

  • SCOPE AND INTENT

You agree that by registering on FormDoctor or by using our website(s), including our mobile application(s), premium services (when available), or any content or information provided as part of the FormDoctor services, you are entering into a legally binding agreement with FormDoctor located in the United States. Whether you reside in the United States or outside of the United States (“we,” “us, “our,” and “FormDoctor”) based on the terms of this FormDoctor user Terms and Services and the FormDoctor Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) If you are using FormDoctor on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.  If you do not agree with this Agreement, do NOT click  sign up with FormDoctor and do NOT access, view, download or otherwise use any FormDoctor webpage, content, information or services.  By signing up or clicking “Try It Free” or “Request a Demo” or similar, or by using any Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. 

  1. ACCOUNT HOLDER OBLIGATION
    • APPLICABLE LAWS AND THIS AGREEMENT

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.

  • LICENSE AND WARRANTY FOR YOUR INTAKE FORMS ON FORMDOCTOR

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.

  • SERVICE ELIGIBILITY

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.

“Minimum Age” is defined as (a) adults who are legally eligible or older to enter into an agreement with FormDoctor or the Age of Majority.  However, if applicable law requires that you must be older than such age in order for FormDoctor to lawfully provide the Services to you (including the collection, storage and use of personal information in accordance with our privacy policy) then the Minimum Age would be such older age.  The services are NOT designed nor intended for use by children or anyone else under the legal age in their country of residence and in the country in which they are accessing the Site. 

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.

  • YOUR ACCOUNT

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 support@formdoctor.com with a request to close your account.  

  1. Free Trial

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.

  • INDEMNIFICATION

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.

  • NOTIFY US OF ACTS CONTRARY TO THE AGREEMENT

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.

  • NOTIFICATION OF SERVICE MESSAGES

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 MOBILE APPLICATION

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.

  • PRIVACY

You should carefully read our full PRIVACY POLICY before using FormDoctor as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that FormDoctor may process such information, within the terms of the Privacy Policy.

  • EXPORT CONTROL

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.

  1. MEMBER RIGHTS

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.

  1. FormDoctor Rights & Obligations
  • SERVICES AVAILABILITY

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.

  • DISCLOSURE OF USER INFORMATION

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of FormDoctor, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

  • INTELLECTUAL PROPERTY NOTICES

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.

  • Provision of Purchased Services

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.

  • Protection of your Data

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.

  1. DISCLAIMER

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.

  1. LIMITATION OF LIABILITY

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:

  • Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
  • Not apply to any damage that FormDoctor may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
  1. TERMINATION
    • MUTUAL RIGHTS OF TERMINATION

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.

  • MISUSE OF THE SERVICES

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.

  • EFFECT OF TERMINATION

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”).

  1. DISPUTE RESOLUTION
    • LAW AND FORUM FOR LEGAL DISPUTES

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.

  • ARBITRATION OPTION

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.

  1. GENERAL TERMS
    • SEVERABILITY

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.

  • LANGUAGE

Where FormDoctor has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with FormDoctor.

  • NOTICES AND SERVICES OF PROCESS

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.

  • ENTIRE AGREEMENT

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.

  • AMENDMENTS TO THIS AGREEMENT

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.FormDoctor.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time pursuant to these Terms of Service (Termination).

  • AGREEMENTS NO INFORMAL WAIVERS, AGREEMENTS OR REPRESENTATIONS

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.

  • NO INJUNCTIVE RELIEF

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.

  • BENEFICIARIES

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.

  • ASSIGNMENT AND DELEGATION

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.

  • POTENTIAL OTHER RIGHTS AND OBLIGATIONS

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

  1. FORMDOCTOR “DOS AND DON’TS:

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:

  • Comply with all applicable laws. Including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws and update is as necessary;
  • Provide accurate information to us and update it as necessary;
  • Review and comply with our Privacy Policy;
  • Review and comply with notices sent by FormDoctor concerning the Services;
  • Use the Services in a professional manner; and
  • Use your real name on your profile.

DON’T UNDERTAKE THE FOLLOWING:

  • Publish inaccurate information in the designated fields on your account form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
  • Create a Member profile for anyone other than a natural person or entity;
  • Use or attempt to use another’s account or create a false identity on FormDoctor;
  • Upload, email, transmit or otherwise make available:
  1. a) Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting any of your information;
  2. b) Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
  3. c) Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
  4. d) Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
  5. e) Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
  6. f) Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of FormDoctor or any user of FormDoctor;
  • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on FormDoctor as permitted in this Agreement, or as expressly authorized by FormDoctor;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
  • Utilize or copy information, content or any data you view on or obtain from FormDoctor to provide any service that is competitive, in FormDoctor’s sole discretion, with FormDoctor;
  • Imply or state, directly or indirectly, that you are affiliated with or endorsed by FormDoctor unless you have entered into a written agreement with FormDoctor;
  • Adapt, modify or create derivative works based on FormDoctor or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under FormDoctor’s developer program;
  • Rent, lease, loan, trade, sell/re-sell access to FormDoctor or any information therein, or the equivalent, in whole or part;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on FormDoctor, including those of both FormDoctor and any of its licensors;
  • Remove, cover or otherwise obscure any form of advertisement included on FormDoctor;
  • Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from FormDoctor except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
  • Infringe or use FormDoctor’s brand, logos or trademarks, including, without limitation, using the word “FormDoctor” in any business name, email, or URL or including FormDoctor’s trademarks and logos except as expressly permitted by FormDoctor;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
  • Use bots or other automated methods to access FormDoctor, add or download contacts, send or redirect messages, or perform other similar activities through FormDoctor, unless explicitly permitted by FormDoctor;
  • Access, via automated or manual means or processes, FormDoctor for purposes of monitoring FormDoctor’s availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of FormDoctor’s website;
  • Attempt to or actually access FormDoctor by any means other than through the interfaces provided by FormDoctor such as its mobile application or by navigating to https://www.FormDoctor.com using a web browser. This prohibition includes accessing or attempting to access FormDoctor using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including FormDoctor;
  • Attempt to or actually override any security component included in or underlying FormDoctor;
  • Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on FormDoctor’s infrastructure, including, but not limited to, sending unsolicited communications to FormDoctor personnel, attempting to gain unauthorized access to FormDoctor, or transmitting or activating computer viruses through or on FormDoctor; and/or
  • Interfere or disrupt or game FormDoctor or the Services, including, but not limited to, any servers or networks connected to FormDoctor, or FormDoctor ‘s search algorithms.
  1. Fees and Payment for Purchased Services
  • Fees

You will pay all fees specified in Order Forms. Payment obligations are non-cancelable and fees paid are non-refundable.

  • Taxes

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.

  1. How to Contact FormDoctor

If you have questions or comments about this User Agreement, Please contact us online or by physical mail at: support@formdoctor.com or 815-A Brazos Street #114, Austin, TX 78701