Terms of Service

Doctor’s Choice – Website Terms and Conditions of Use


Updated January 31, 2017

Welcome to www.doctorschoice.net (the "Site"), a website operated by Doctor's Choice Professional Laboratory & Diagnostic Services, Inc. ("Doctor's Choice" or "DC"). DC's online laboratory and diagnostic reports services enables health care professional customers (each, a "Customer," and collectively, "Customers") to realize cost savings on laboratory and diagnostic tests and procedures (each, a "Test," and collectively, "Available Tests"), order and receive functional health reports, and/or utilize DC's online practice management tools (the "DC Service"). Further, DC's affiliate Doctor's Choice Financial Solutions, LLC ("DCFS") enables Customers to, via the Site, seek additional information concerning financing solutions (the "DCFS Service, and together with the DC Services, the "Services").

The following terms and conditions (these "Terms of Use and Service") form a binding agreement between each User, as that term is defined herein, and DC and its affiliates, whether or not such User registers and becomes a Customer or simply browses the Site (each, a "Visitor" and collectively, "Visitors"). When used in these Terms of Use and Service, the term "User" shall mean any Customer or Visitor. These Terms of Use and Service govern the use of the Site and Services offered by DC.

PLEASE READ THESE TERMS OF USE AND SERVICE CAREFULLY. BY ACCESSING THE SITE OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND SERVICE AND THE PRIVACY POLICY AVAILABLE HERE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE AND SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES. IF YOU OBJECT TO, OR DISAGREE WITH, ANYTHING CONTAINED IN THESE TERMS OF USE AND SERVICE OR THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE THE SERVICES, BUT YOU REMAIN BOUND IF YOU NEVERTHELESS USE THE SITE OR SERVICE. THE PRIVACY POLICY IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE AND SERVICE.

The Site is neither directed to, nor intended for, children, and children are not eligible to use the Service. By using the Site and the Services, you represent that you are 18 years of age or older. If DC obtains information indicating that a User is under 18 years old, it will endeavor to promptly remove that User's information and account from its databases.

THE SITE AND THE DC SERVICE DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE THE PROVISION OR PRACTICE OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION.

Aspects of the DC Service provide an online platform enabling the ordering and fulfillment of diagnostic health and lab tests (each, a "Test," and collectively, "Tests,"). Accordingly, DC is not responsible for the performance or undertaking of any Test, nor does it have control over the quality, timing, failure to perform, legality, or any other aspect whatsoever of anyone or any entity performing a Test. DC makes no representations about the reliability, timeliness, or accuracy of any Test provided by any third party laboratory or affiliate, whether in public, private, or offline interactions.

1. MEDICAL EMERGENCIES

ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, PARTICULARLY THOSE OF AN URGENT NATURE. DC MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO ANY INQUIRY YOU MAY MAKE. IN THE EVENT OF A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THIS SITE OR SERVICES FOR ASSISTANCE, BUT SHOULD INSTEAD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE.

2. USERS

You promise that all information you provide to DC is true, accurate, current, complete, and you agree to maintain and promptly update such information to maintain its truth, accuracy, and completeness. If DC has reasonable grounds to suspect that such information is not true, accurate, current, or complete, it may deny or terminate your access to the Site or Service (or any portion of either).

Certain portions of the Site and Services are only available to Customers, who are required to set up an account prior to accessing the Services (“Account”). When you set up an Account, you are required to enter your name, email address, a password of suitable strength (“Password”) and certain other information collected by DC depending on whether you are a Customer. You agree not to transfer or share your Password or Account (collectively, the “Account Information”) with anyone. Accordingly, you are solely responsible for maintaining the confidentiality of your Account Information and are fully responsible for all activities that occur under or while using your Password or Account. You agree to immediately notify DC of any unauthorized use of your Account Information or any other breach of security, and are solely responsible for any and all use of your Account. DC reserves the absolute right, in its sole discretion, to take any and all action, as it deems necessary or reasonable, regarding the security of either or both the Site and your Account, including, without limitation, terminating your Account, locking or freezing your Account, changing your Password, or requesting additional information to authorize transactions made in connection with your Account.

Notwithstanding the above, DC may rely on the authority of anyone accessing your Account or using your Password, and in no event and under no circumstances shall DC be liable to you for any liabilities or damages resulting from or arising out of: (i) any compromise of the confidentiality of your Account or Password, (ii) any unauthorized access to your Account or use of your Password, or (iii) any action or inaction of DC under this provision. You may not log-in to, or use, another User's Account or Account Information at any time.

3. ACCESS RIGHTS

You agree that you will not, and will not attempt to: (a) interfere in any manner with the operation of the Site or Services, or the hardware, software, or network used to operate same; (b) modify, copy, or make derivative works based on any part of the Site, Services, or any underlying hardware, software, technology, or other information, including any printed materials of the same; or (c) create Internet links to or from the Site, or frame or mirror any DC content comprising any part of the Site or Services.

Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses, terms, and conditions, and not by these Terms of Use and Service. You agree to be responsible for any act or omission of anyone that accesses the Site or Services under your Account or use your Password that, if undertaken by you, would be a violation of these Terms of Use and Service, and that such act or omission shall be deemed a violation of these Terms of Use and Service by you. DC reserves the right, in its sole discretion, to deny use of the Site or Services to anyone for any reason.

4. BILLING AND PAYMENT

Customers will be required to provide their credit card or bank account details to DC and the Payment Service Provider (PSP) retained by DC. Customers may be required to register with the PSP, agree to the terms and conditions of the PSP, and go through a registration process at the request of the PSP to set up and finalize their account with the PSP. Please note that DC is not a party to any agreement between any Customer and the PSP (the "PSP Agreement"), and that such Customer, the PSP, and any other parties listed in the PSP Agreement are the parties to the PSP Agreement, and that DC has no liability to any Customer under any PSP Agreement. DC reserves the right, but not the obligation, to, in its sole discretion: (i) place a hold on any Test, or (ii) refund, provide credits to Customer Accounts, or arrange for the PSP to do so.

5. RELEASE

DC expressly disclaims any liability that may arise between Users of the Site or Services. Accordingly, you hereby release DC (and its officers, directors, agents, investors, subsidiaries, joint ventures, affiliates, consultant, independent contractors, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disagreement.

6. YOUR RESPONSIBILITIES AND ACCEPTABLE USE OF THE SITE AND SERVICE

Without limitation, while using the Site and Services, you may not:

  • Violate any local, state, federal, or international law.
  • Intentionally or unintentionally violate these Terms of Use and Service, other applicable agreements with DC, nor any rules and regulations having the force of law.
  • Probe, scan, or test the vulnerability of the Site and Services or any network or servers connected to the Site or Service, nor breach the security or authentication measures on, of, or connected in any way to the Site, Services, or any network or third-party DC affiliate in any way with the Site or Service.
  • Collect, reverse look-up, reverse engineer, trace, disassemble, decompile, or seek to trace any information on any other User of the Site and Services, including any account not owned by you, to its source, or exploit the Site and Services or any service or information made available or offered by or through the Site and Services, in any way where the purpose is to reveal any information pertinent to the Site or Services.
  • Hack or interfere with the Site or Services, its servers, or any connected networks, or use a robot, spider, scripts, or manual and/or automatic processes to data-crawl, data-mine, scrape, or index the Site or Services in any manner.
  • Produce or upload any information or files containing viruses, malware, Trojan horses, worms, corrupted files, cancelbots, or any similar software or code that may damage the operation of another User's or any DC computer, software, and/or data, or which is designed and/or intended to disrupt, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment.
  • Stalk, abuse, defame, harass, threaten or otherwise violate the legal right (including, but not limited to, the rights of privacy and publicity) of others, including DC staff.
  • Impersonate any User or entity, or otherwise misrepresent your affiliation with any User or entity.
  • Restrict or inhibit any other User from utilizing and enjoying any public areas of the Site or Services.
  • Download any file posted by another User that such User knows, or reasonably should know, cannot be legally distributed through the Services.
  • Adapt, license, alter in any way, or translate the Services or Site for your own commercial or personal use.
  • Reproduce, copy, duplicate, sell, or exploit any portion of the Site or Services, nor remove or alter any copyrights, trade secrets, trademarks, proprietary marks or rights, or any intellectual property owned by DC that appear on the Site.
  • Use the Site or Services to solicit any other website, service, or business, or otherwise contact Users for any purpose not related to utilization of the Site and Services as set forth herein.
  • Collect the usernames, passwords, and/or email addresses of Users by electronic or any other means.
  • Conduct, solicit participation in, or forward surveys, contests, chain letters, or pyramid schemes through the Site or Services.
  • Register an account under different usernames or identities, after your account has been locked or terminated.
  • Knowingly submit false data or information in response to inquiries related to your personal and health information or histories.
  • Use the Site or Services in any manner that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, obscene, pornographic, lewd, libelous, or otherwise offensive, abusive, or hateful.
  • Attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Site or Services.

7. DISCONTINUATION OF OR MODIFICATIONS TO THE SITE OR SERVICES

DC reserves the right, in its sole discretion, to modify or discontinue the Site or Services by providing you with written or email notice of such termination or locking event, and such termination or locking event shall be effective immediately upon delivery of such notice. DC will not be liable to you or any third party should it exercise its right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease using the Site or Services, and no refunds shall be made to you. Continued use of the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. If DC terminates or locks your account for any reason, you are hereby prohibited from registering and/or creating a new account under your name, a fake or borrowed name, the name of any third party, or a fake, new, or borrowed Internet protocol address. In addition to terminating or locking your account, DC reserves all rights to take appropriate legal action, including but not limited to pursuing civil, criminal, or injunctive redress.

Even after your right to use the Site or Services is terminated or locked, these Terms of Use and Service will remain enforceable against you.

8. PRIVACY

DC develops, implements, and maintains policies, processes, and procedures throughout the organization that are designed to meet relevant compliance requirements, including but not limited to those concerning the Health Insurance Portability and Accountability Act of 1996 (HIPAA). DC is fully committed and will use best efforts to comply with all privacy, security, and electronic transaction code requirements of HIPAA. All services provided by DC that involve joint efforts will be done in a manner, which enables our clients to comply with HIPAA.

Customers utilizing the Site and the DC Service shall comply with patient confidentiality, diagnosis coding (if applicable), anti-kickback statutes, professional courtesy, CPT-4 coding if applicable, CLIA proficiency testing, and other similar regulatory requirements.

Customers, through the Site, maintain individual accounts requiring specific individual login information for the specific purpose of identifying use and creating laboratory requisitions. Unless otherwise expressly authorized, your information is not sold to or shared with third parties or affiliates of DC. By providing your telephone number and using the Services, you hereby affirmatively consent to DC's (or, as applicable, DCFS') use of your telephone number for calls and/or texts in connection with the Services, including but not limited to notifications about lab reports. DC will not assess any charges for calls or texts, but standard messaging charges, as well as any other charges assessed by your telephone provider or carrier, may apply. DC makes no guarantee, warranty, or representation that use of the Site or Services is protected from viruses, security threats, or other vulnerabilities. For more information about DC's collection and use of information, please see its Privacy Policy here, which Privacy Policy is incorporated by reference into these Terms of Use and Service as if it were set forth herein in its entirety.

We comply with all applicable laws and regulations such as the Health Insurance Portability and Accountability Act of 1996.

9. ACCURACY OF INFORMATION

DC does not warrant that any information, materials, pictures, graphic depictions, descriptions or other content of or within the Site are accurate, complete, reliable, updated, current, or error-free. You agree to notify DC immediately if you become aware of any errors or inconsistencies in the information or content provided through the Site, and hereby agree to comply with any corrective action taken by DC.

10. THIRD PARTY CONTENT AND LINKS

Parties other than DC may offer and provide products and services on or through the Site. Links (such as hyperlinks) from the Site or Services to other websites do not constitute the endorsement of DC of either those websites or their content. Except for information, products, or services that are identified as being offered by DC or its affiliates, DC does not operate or control any information, products, or services on the Site or accessible through the Site in any way. DC is not responsible for examining or evaluating, and DC does not warrant the offerings of, any of these businesses or individuals or the content of their websites. DC does not assume any responsibility or liability for the actions, product, or content of all these and any other third parties. It is your responsibility to carefully evaluate their content and review their privacy statements and other conditions of use.

You access third-party websites at your own risk. DC expressly disclaims any liability arising out of, or in connection to, your use and/or viewing of any websites or materials associated with such websites or links embedded therein. You hereby agree to pay any and all fees related to such links, and hold DC harmless from any liability arising from the use or reliance on links appearing on the Site or Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. DC makes no effort to review any third-party content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and DC is not responsible for any third-party content.

11. OWNERSHIP

The software, text, code, formatting, designs, HTML, typefaces, and other content (collectively, "Proprietary Materials") to provide the Site or Services are: (1) copyrighted by DC and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by DC or its licensors. Proprietary Materials are protected in all forms, media, and technologies now known and hereinafter developed. DC owns all Proprietary Materials, as well as the coordination, selection, arrangement, and continued enhancement of such Proprietary Materials as a Collective Work pursuant to the United States Copyright Act, as amended. Any other trademarks, logos, service marks, and/or trade names appearing via the Site or Services are the property of their respective owners.

The Proprietary Materials may not be copied, modified, reproduced, republished, posted, retransmitted, sold, offered for sale, or redistributed in any way without DC'S prior written consent and the prior written permission of its applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of DC's content or technology, and you may not remove or alter any such notice, information or restriction. Your use of DC's content and technology must at all times comply with these Terms of Use and Service.

12. DOCTOR'S CHOICE PROVIDES NO INSURANCE

DC does not provide any form of insurance, whether basic health insurance, malpractice insurance, or liability insurance of any kind. The Site and DC Service operate on a strictly cash basis, and at this time, a User's use of personal health insurance in connection with the Service is prohibited.

13. TERMINATION

You may delete your Account and end your registration at any time, for any reason by sending an email to info@doctorschoice.net. DC may terminate your use of the Site, your Account and/or registration for any reason at any time. You understand that termination of your agreement with DC pursuant to these Terms of Use and Service and your Account will not entitle you to any refund and may involve deletion of your information from DC's live databases, as well as any content that you uploaded to the Site using such Account. YOU AGREE THAT DC WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICE OR DELETION OF YOUR ACCOUNT.

14. DISCLAIMER OF WARRANTIES

USE OF THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

DC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT ON THE SITE OR SERVICES; (II) PERSONAL INJURY, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DC'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. NEITHER DC NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

DC DOES NOT WARRANT, ENDORSE, ASSUME, OR GUARANTEE RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. DC WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER DC NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TEST RESULTS, CONSULATATION, OR ANY ACTIVITY PROVIDED THROUGH, OR IN CONNECTION WITH, THE SITE OR SERVICES.

NEITHER DC NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

DC AND ITS AFFILIATES AND LICENSORS CANNOT, AND DO NOT, GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

15. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT DC IS ONLY WILLING TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF DC'S LIABLITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD DC, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR USERS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING.

WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICES PROVIDED BY DC OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OR LOSS OF YOUR INFORMATION.

DC DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICES.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT DC OR ITS AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO DC DURING THE THREE (3) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, OR $100.00, WHICHEVER IS GREATER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless DC, its directors, principals, employees, agents, licensors, attorneys, parents, subsidiaries, affiliates, licensors, co-branders, suppliers and other contract relationship, and the officers, directors, employees, consultants, and agents of each, and other Users, from and against from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with: (i) your use or inability to use the Site or Services, or (ii) any content submitted by you or using your account to the Site or Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. DC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of DC.

17. DISPUTE RESOLUTION

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy, or claim related to these Terms of Use and Service (each, a "Dispute"), you and DC agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Site or Services or these Terms of Use and Service must be filed within one year after such claim or cause of action arises, or be forever barred. The section titles in these Terms of Use and Service are for convenience only and have no legal or contractual effect. You may not assign your rights under these Terms of Use and Service without DC's prior written consent, and any attempt to assign shall be null and void. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to DC. DC's address for such notices is Doctor's Choice, PO Box 1272, Washington, CT 06793, Attention: Legal.

BINDING ARBITRATION. If you and DC are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Site and Services (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website, www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $10,000, DC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

The arbitration may be conducted in person, through the submission of documents, by phone, or online. If your claim does not exceed $10,000, then the arbitration shall be conducted solely on the basis of documents DC and you submit to the arbitrator, unless you request a hearing or the arbitrator decides that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing shall be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator shall have the discretion to direct a reasonable exchange of information and discovery by and between the parties, consistent with the expedited nature of arbitration. The arbitrator will make a decision in writing, but need not provide a statement of reasons. Except as otherwise provided in these Terms of Use and Service, you and DC may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an action in the Superior Court for the judicial district of Danbury, Connecticut, and the United States District Courts in Connecticut with respect to any Dispute related to: (a) a claim for an injunction or other equitable relief, or (b) the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights. These courts have exclusive jurisdiction, and you and DC agree to submit to the personal jurisdiction of such courts.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and DC agree that any arbitration will be limited to the Dispute between DC and you individually. YOU ACKNOLWEDGE AND AGREE THAT YOU AND DC ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and DC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

LOCATION OF ARBITRATION. Arbitration shall take place in Danbury, Connecticut. You and DC agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Superior Court for the judicial district of Danbury, Connecticut, and the United States District Courts in Connecticut have exclusive jurisdiction and you and DC agree to submit to the personal jurisdiction of such courts.

18. GOVERNING LAW

You and DC agree that, other than as set forth under the subsection entitled "Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding" in Section 16 above, if any portion of Section 16 entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" in Section 16 is found to be illegal or unenforceable, neither you nor DC may elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable, and such Dispute will be decided by the Superior Court for the Judicial District of Danbury, Connecticut, and you and DC agree to submit to the personal jurisdiction of that court.

Except as expressly provided otherwise, these Terms of Use and Service shall be is governed by, and will be construed under, the laws of the State of Connecticut, without regard to choice of law principles.

18. GOVERNING LAW

You and DC agree that, other than as set forth under the subsection entitled "Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding" in Section 16 above, if any portion of Section 16 entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" in Section 16 is found to be illegal or unenforceable, neither you nor DC may elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable, and such Dispute will be decided by the Superior Court for the Judicial District of Danbury, Connecticut, and you and DC agree to submit to the personal jurisdiction of that court.

19. NO AGENCY

No agency, partnership, joint venture, or employer-employee relationship is intended or created by these Terms of Use and Service.

20. VOID WHERE PROHIBITED

Although the Site may be accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations and states within the United States, or appropriate or available for use outside the United States. DC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. Users access the Site and the Services on their own initiative and are responsible for compliance with any local, state, federal, and international laws, as applicable.

21. GENERAL PROVISIONS

Failure by DC to enforce any provision(s) of these Terms of Use and Service will not be construed as a waiver of any provision or right. These Terms of Use and Service will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws rules. These Terms of Use and Service constitutes the entire agreement between you and DC with respect to its subject matter and supersedes any prior understanding, agreement, or negotiations between the parties. If any provision of these Terms of Use and Service is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. These Terms of Use and Service will inure to the benefit of DC, its successors and assigns.

22. VIOLATIONS

Please report any violations of these Terms of Use and Service to info@doctorschoice.net.

23. MODIFICATIONS TO TERMS OF USE AND SERVICE

DC reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use and Service (including but not limited to its HIPAA Policy and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to DC. DC will post a notice on the Site indicating that these Terms of Use and Service have been updated, and, while it will endeavor to notify you of these changes by email, it shall not be liable for any failure to do so. DC urges all Users to log on to the Site and check the Terms of Use and Service for changes before proceeding with any subsequent use of the Services. If any future changes to these Terms of Use and Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Use and Service, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to these Terms of Use and Service constitutes your complete and irrevocable acceptance of any and all such changes. DC may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. DC may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

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