terms_of_service
1. Introduction
Thank you for visiting Docferral.com (herein referred to as “Site” or “Docferral”), and we hope you find our Site both helpful and useful. By using the Site and/or registering with Docferral, you are agreeing to the terms of service. The Terms of Service may be updated or changed without prior approval or notice. User is responsible for reviewing any changes and use of service following any updates or changes to Terms of Service constitute acceptance. If you do not agree to the Terms of Service, you agree not to use the Site. Users should be at least 18 years of age to use Site. User may NOT user this site on behalf of anyone under the age of 13 and agrees NOT to submit any information pertaining to anyone under the age of 13.
If you are registering an account or using Site on behalf of anyone or any entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual or entity's behalf. Registration for Services or use of the Site is void where prohibited by applicable law, and your right to access the Site is revoked in those jurisdictions
2. No Medical Advice/Care and No Patient Relationship
Docferral does not provide medical advice or medical care. Do NOT use this Site for any type of urgent or emergent medical issues. In you have a medical emergency or think you may have one, call 911 immediately. Do not use this Site as a substitute for professional medical advice, diagnosis, care, or treatment with your healthcare provider. No doctor patient relationship is created by using the Site. No confidential, private, or privileged relationship is established or exists by using this Site, and no duties or obligations arising from such relationship are incurred. Docferral does not endorse, whether expressed or implied, any products, professionals, procedures, tests, service, or information found on the Site. Docferral makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work of any Professional.
3. Information About Provider Relationship
User is responsible for selecting professional. Professionals on Docferral.com pay a fee based on the services provided by and/or used on Site. Any “Featured Doctors” section is a paid advertisement service for Professionals who wish to purchase this feature and does not constitute any endorsement or recommendation from Docferral.
Docferral will provide you with lists of Professionals who have stated that they are suitable to deliver the service that you are seeking based on information that you provided and based on your settings selection that may include but are not limited to insurance information, proximity to your geographical location, and specialty of the Professional. The lists may also be based on other criteria that may include but is not limited to Professional availability, past selections by and/or ratings of Professionals by you or by other users to Site. Docferral does not recommend or endorse any Professionals, does not make any representations or warranties with respect to these Professionals or the quality of services or products provided.
Site will make reasonable effort to review the accuracy of submitted Professional information but will not actively investigate any Professional information. User is responsible for confirming the accuracy, timeliness, and completeness of information provided by Professionals to the Site.
4. Editorial Control
Docferral’s personnel may but is not obligated to review information posted on Site. The timeliness, completeness and/or accuracy of any or all of the information are not guaranteed. Neither Docferral, its affiliates, representatives, successors, directors, officers, members, agents, employees, and associates who may have been involved in the preparation or publication of any information assures you that the information contained therein is accurate or complete. No warranty or guarantee made, expressed or implied, regarding any and all information for any errors or omissions or for the results obtained from the use of any information. User is advised to verify any information contained on Site with third-party sources and to always seek the help and guidance of a qualified Professional for any the services required by user.
Professional information found on Docferral.com is to be used for general reference purposes only. All information about Professional is self-reported by the Professional and/or Professional’s staff. Site makes no claim or warranty with regard to any information by Professional and/or Professional’s staff for its validity, accuracy, completeness, and/or timeliness. Information provided may change at any time. Docferral does NOT provide any advice, qualification, or certification for or about any Provider.
The procedures, products, services and devices discussed and/or advertised on Site are not applicable to all users to Site. Docferralmakes no claims as to the appropriateness or effectiveness of any such procedures, products, services, or devices. Any products, devices, and/or services represented on or through the Site by advertisers, sponsors, other Website users, either paid or unpaid, or by Providers or other sources are included for your awareness and do not imply that they are appropriate for any particular user to Site.
5. Personal Information
In order to use certain features of the Site, you must register and provide personal and medical information. Site registration is voluntary and information disclosed and transmitted during registration may include but is not limited to: your name, date of birth, phone numbers, insurance information, medical or healthcare information, and email address. If you submit information about yourself, you hereby authorize Docferral, its employees, associates and others operating on its behalf to use and/or disclose your information which may include but is not limited to your name, address, social security number, contact information, medical information or other service related information, your medical, health care, and/or social history, you current medical needs or issues, any other information that is either requested by Docferral or volunteered by you in accordance with these Terms of Service.
6.Service Changes
Docferral, at its sole discretion, may suspend, substitute, or add services to Site at any time without prior notice. Information pertaining to any services changes will be found on Site and the user of any new or updated service will be governed by these Terms of Service. By using Site, you agree that Docferral will not be liable to you or any other party for any services changes, disruption, or discontinuation. Docferral is free for online appointment and referrals for one professional and one location. Docferral reserves the right to change our service fees at our discretion. If you do not agree to changes in the service fee, your account will be canceled and your credit card will not be charged.
7. Intellectual Property
The Site and its entire contents, features, and functionality including but not limited to all information, software, text, logos, slogans, displays, images, video and audio, and the design are owned by the Docferral, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
8. Use of Content
You agree and acknowledge that the services and any underlying technology or software used in connection Site contain proprietary information belonging to Docferral. You may only use Site for personal, non-commercial purposes only. Absolutely no intellectual property rights are afforded or transferred to you by your use of Site. You may NOT copy, distribute, re-publish, sell, or exploit any of the content of Site in part or in whole for any commercial purpose.
By using site, you agree:
Docferral at its sole discretion will determine whether you have engaged in prohibited conduct or have violated these Terms of Service. This determination will be final and unreviewable, and you waive any and all rights you may have to challenge any decision made. Docferral may, under applicable laws, take any and all necessary legal actions or implement technical changes to address any violation of the provisions contained herein and to enforce the Terms of Service.
9. Personal Information
In order to use certain features of the Site, you must register and provide personal and medical information. Site registration is voluntary and information disclosed and transmitted during registration may include but is not limited to: your name, date of birth, phone numbers, insurance information, medical or healthcare information, and email address. You agree not to post any content that infringes on any other intellectual property or will in any way violate the terms of this agreement as stipulated in this Terms of Service. Docferral does not endorse or promote any content you post or submit without prior signed, written consent from Docferral.
While Docferral makes reasonable efforts to maintain your data in a safe, secured setting, you acknowledge and agree that any and all personal information you submit may be intercepted or breeched by third parties during transmission and/or storage to, from, or on Site. You agree that by submitting any user content or personal information, no contractual, confidential, or fiduciary relationship, express or implied, is created between you and Docferral. You acknowledge that Docferral may disclose any and all your personal information and content pursuant to applicable laws from law enforcement authorities. You agree NOT to use Site as an online storage or backup for your personal information. You acknowledge that any data you submit may be deleted or disabled on a temporary or permanent basis without prior notice or consent. Do NOT use Site if you do not agree or are not comfortable with transmitting or entering personal information.
10. Your Contents
Site may contain areas including but not limited to forums, reviews, comments, discussion, or other interactive features where you may but are not obligated to submit user information and feedback. You are personally responsible for any data or information posted. Do NOT submit or post any information on Site if you do not want your identity to be identified by third parties. All submitted data or information on Site devoted to reviews, forums, comments, discussion or publically accessible areas of Site may be used to identify you.
Any user content and/or contribution you submit are considered non-confidential and non-proprietary. By submitting such information or data, you grant us and/or our affiliates an perpetual, irrevocable, royalty-free, fully sublicensable, fully paid up, worldwide license to use, modify, publicly distribute, or disclose to any other party any and all such material for any purpose and to make, edit, translate, or prepare derivative works of or incorporate into other works you User Content and/or Contribution.
You agree that you are responsible for any information including but not limited to content, data, or contribution you post. You understand and acknowledge that you are solely responsible for the legality, accuracy, reliability, and/or appropriateness of such submission. Docferral has no control and will not be responsible for any of your postings on Site. Docferral reserves the right, at its sole discretion, to remove any of your posting to Site at any time without prior notice and to notify any third party of your identity for any violation of applicable laws and/or regulations.
11. Additional Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Website. Those additional terms will govern your use of the particular Service to which the additional terms apply. By using the particular Service to which the additional terms apply, you agree to the additional terms and conditions. If you do not agree to the additional terms, then you must not use the Services to which the additional terms apply.
12. Site Links
Site may contain links to other websites. This includes links contained in advertisements, including banner advertisements and sponsored links, and any links provided as automated search results. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Docferral has no control over the contents of other sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
You may provide link to our homepage but can only do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You cannot link in such a way as to suggest any form of association, promotion, or endorsement on our part without prior expressed, written consent from Docferral.
13. Changes to Site
Docferral may update or change the Content and/or the Services of Site from time to time, including, but not limited to, altering Content, deleting Content adding new Services, substituting a new Service for one of the existing Services, or discontinuing or suspending one of the existing Services. Use of any new or modified Services or Content will be governed by these Terms of Service. Company will not be liable to you or to any third party for any modification, suspension, or termination of any of the Services or Content on Site.
14. Copyright Infringement
In accordance with applicable copyright right laws, it is Docferral’s policy to block or remove any material that it believes in good faith to be in violation of copyright laws and to suspend or remove any account of repeat offenders.
If you believe that material or content on Site infringes a copyright, please send us a notice of copyright infringement containing the following information to the designated agent listed below (“Infringement Notification”):
Upon receipt of an Infringement Notification by the designated agent listed below, Docferral will remove or disable access to the infringing material and notify the content provider, member or user that it has removed or disabled access to the material. Failure to include all the information listed above may delay the processing of your complaint.
Company's designated agent to receive any notification listed in this section is:
Copyright Agent, Docferral
14248 Spring Cypresss Rd
Cypress, TX 77429
15. Disclaimer of Warranties and Limitation on Liability
Use of Site does NOT constitute any special relationship with or fiduciary duty to you. You are solely responsible for maintaining and implementing sufficient safeguards and backup to ensure the protection, retrieval and integrity of your information and data. Docferral is NOT responsible for any corruption or loss of your data or information that you submit or maintain to Site. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You acknowledge and agree that Docferral has no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release Docferral from and all liability and harm, whether directly or indirectly, for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive, misleading, or inappropriate. Docferral makes no representations or warranties regarding any content contained in or accessed through the Site and/or the Services, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. Docferral makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services
We make no promise or warranty, express or implied, regarding the Site’s service, data, or function, which may be temporarily or permanently lost, nonfunctional, or disabled. The Site is provided “AS IS” and “AS AVAILABLE” and no agent or representative either by oral or written form, may create any promise or warranty. User acknowledges and agrees that Docferral, its affiliates, representatives, successors, directors, officers, members, agents, employees, and associates are not liable for any direct, indirect, incidental, special, or consequential damages, loss of profits, good will, use, data, or other intangible losses or damages even if we have been advised of the possibility of such damages that result from (i) any failure, interruption, corruption, or delay of the Site or any data or information transmitted in connection with the use of the Site. (ii) personal injury or death caused by your use or misuse of Docferral, (iii) unauthorized access to or alteration of your transmissions or data, or (iv) statements or conduct of any third, (v) cost related to procuring substitute or related services. User agrees to indemnify and hold harmless Docferral, its affiliates, representatives, successors, directors, officers, members, agents, employees, and associates for any and all claims and demands for damage, harm, injury, or liability arising from the use of or inability to use the Site. This includes but is not limited to loss of data, loss of business, personal injury, breach of contract, negligence, or any other alleged action or inaction. The foregoing is applicable in all cases except when expressly prohibited by applicable law.
Docferral helps to facilitate online scheduling and has no control over any professional’s schedule and cannot guarantee appointment times or availability. Docferral will not be liable, directly or indirectly, for any appointment cancellations or changes. You should always directly contact the professional with whom you’ve made the appointment to confirm its status and availability. We do not guarantee the information on the Site for its accuracy, completeness, validity, or timeliness.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MALPRACTICE OR NEGLIGENCE OF PERSONAL TRAINERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
16. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Service by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
17. Terms and Termination
Any violation of the terms of service constitutes immediate grounds for termination of service without prior approval or notice. User may cancel account at any time by notifying Docvferral via email at support@docferral.com or directly on user account settings. Docferral reserves the right, at its sole discretions, to cancel accounts for inactivity of greater than 150 days. We reserve the right to refuse, terminate, or suspend service at any time and at our sole discretion and without prior notice. Docferral shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. You acknowledge and agree not to use Site after any account suspension or termination, except in the case of account inactivity in which case you may re-register.
18. Electronic Contracting
Your affirmative act of using this Site constitutes your electronic signature to these Terms of Service, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.
19. Entire Agreement
These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and Docferral and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Docferral to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
20. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any controversy, dispute or claim arising out of or related to these Terms of Service or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of Texas, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
21. Assignment
Docferral may assign the Terms of Service or any or all of its obligations under these Terms of Service at any time with no notice to you. You may not assign, transfer, or sublicense these Terms of Service or any of your obligations under these Terms of Service and any attempt to do so in violation of this section will be null and void.
22. Comments and Suggestions
This Site is owned and operated by Docferral, LP, doing business as Docferral.com. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: support@docferral.com