DOCMATCHER.COM LLC TERMS OF USE
Welcome! Thank you for using DocMatcher.com.
DocMatcher.com LLC asks that you please read carefully the terms and conditions outlined in this document as your use of DocMatcher.com is governed by this agreement. We care about our users and want to provide easy-to-use, quality service that is safe and private.
By using DocMatcher.com you confirm that you have read and understand these terms and conditions and agree to uphold them. If you do not agree, please do not use this site.
Please note that DocMatcher.com may change these terms and conditions at any time and without notification, so check back often to review changes and additions. Your continued use of DocMatcher.com following the posting of new terms and conditions constitutes your assent to such terms and conditions.
For more information on how we collect, use and store your personal information and our commitment to protecting your privacy, please see our Privacy Policy.
DocMatcher.com is a website that allows health professionals to display their information so that potential clients can locate and communicate with them. DocMatcher.com does not offer medical advice. Any content, physician information or advertisement accessed through this site is for informational purposes only and is not endorsed by DocMatcher.com LLC. Individual users who post content are responsible for the validity of that content. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. We cannot ensure the accuracy or timeliness of the information. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through DocMatcher.com. Call 911 or your doctor for all medical emergencies.
Relationships formed on DocMatcher.com are of the user’s choice and therefore you agree to release DocMatcher.com LLC from any liability related to any such relationship including but not limited to as medical errors, omissions or negligence etc.
By using DocMatcher.com you also agree:
(1.) That you are over 18 years old. Please do not attempt to register with DocMatcher.com if you are under 18 years of age; please do not send us personal information or correspondence.
(2.) You reside in the United States of America.
(3.) That all of the information you provide regarding your personal identity and profile or which you use to register is true, complete and in no manner fraudulent or misleading.
(4.) To keep the information you provide on this site up-to-date and accurate.
(5.) That all of the information you provide on this site is legally owned by you and/or you have the right to use and to disclose it and that it has not been copied, plagiarized, or obtained illegally. DocMatcher.com LLC will not be responsible for protecting your intellectual or proprietary property rights.
(6.) You may not register multiple times or under any alias.
(7.) You will keep your username and password confidential. DocMatcher.com LLC is not responsible for any data breach that resulting from unprotected login information.
(8.) That you will not obtain or attempt to obtain unauthorized access to any part of DocMatcher.com or to the personal, confidential or protected information of any our users.
(9.) That you will immediately change your password and notify DocMatcher.com if you believe your password has been lost, stolen or in some way breached.
(10.) That you will not circumvent any filters or security that we have placed on this site.
(11.) That you will not do anything that may cause any liability for DocMatcher.com LLC or any of its subsidiaries.
(12.) Not post or reveal any content regarding your financial information.
(13.) That you will notify DocMatcher.com immediately if you have any information regarding a breach to these terms of use.
Code of Conduct
In order to assure a quality site, we ask that you respect other individuals on DocMatcher.com. You hereby agree to:
(1.) Be respectful to other users and not to post or otherwise make available content that we believe will hamper our users’ experiences, such as, but not limited to, content that is abusive, offensive, pornographic, of a sexual nature, vulgar, obscene, defamatory, illegal, violent, threatening or intimidating, discriminatory, or that is in breach of confidentiality or privacy.
(2.) To respect and protect all users’ content, intellectual and physical property, mental or physical persons and privacy.
(3.) Never harm, misuse, or unduly place burden on the parties that you connect with on DocMatcher.com.
(4.) You will not spam, target, or compile data on DocMatcher.com users.
(5.) You will not misuse or abuse your DocMatcher.com privileges and you will never, under any circumstances, use the information contained within the site for any unlawful, damaging or harmful means.
DocMatcher.com LLC reserves the right to terminate your participation on our website at anytime.
Your use of DocMatcher.com and any content accessed through DocMatcher.com must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
All information, images, text is copyrighted to DocMatcher.com and shall not be copied, reproduced or used for uses not stated in this contract.
Indemnity
In using this site, you agree to indemnify and hold harmless DocMatcher.com LLC and it’s subsidiaries and holding companies, the subsidiaries of their holding companies and each of their respective officers, directors, shareholders, employees, representatives and agents, and business associates and continue to indemnify them and hold them harmless, in respect of all losses, liabilities, claims, costs, damages and demands suffered in connection with any user content that is posted or shared through the site (“User Content”) or during a relationship that was initiated or maintained on the site, or through your interaction with any of DocMatcher.com team members, associates or affiliates.
Disclaimer Of Warranty And Limitation Of Liability
DOCMATCHER.COM AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, DOCMATCHER.COM LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY MATERIAL TO DOCMATCHER.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (1) THE USE OF OR INABILITY TO USE DOCMATCHER.COM’S SITE OR RELATED SERVICES (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF DOCMATCHER.COM LLC HAS BEEN ADVISED OR THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DOCMATCHER.COM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.
Governing Law And Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of [Massachusetts]. Any disputes arising under or in connection with these Terms of Use shall be subject to the non-exclusive jurisdiction of the state and federal courts of the Commonwealth of [Massachusetts].
DocMatcher.com does not offer medical advice. If you have an emergency please call 911 or the appropriate services. DocMatcher.com LLC does not endorse the users, information or advertising on www.docmatcher.com.
Content and Services Accessed through DocMatcher.com
DocMatcher.com may include content that you find offensive, including health-related content that is sexually explicit.
DocMatcher.com may make third-party services available through DocMatcher.com, including but not limited to, other DocMatcher.com LLC companies, third-party websites, resources, advertisements, sponsorships, and data companies (“Third Party Content”). In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.
DocMatcher.com may screen, modify, refuse, or remove certain content or third party services, but is not responsible for and does not endorse any third-party content or services. DocMatcher.com further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through DocMatcher.com. Once you access a link, you are leaving DocMatcher.com and we are not responsible for the content of such sites or advertising, products or services available from such sites, or for any dealings or disputes that you may have in relation to such sites. DocMatcher.com is not liable for any loss or damage that may be suffered as a result of the use of such links and third party sites.
USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. DOCMATCHER.COM LLC, ITS OWNERS, OR SUBSIDIARIES SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT. Providers of these third-party services and/or content are DocMatcher.com’s "Licensors". Please review the terms and conditions and privacy policy on any new site you choose to access because our terms and conditions and privacy policy will no longer be applicable.
We reserve the right to remove a link at any time and to terminate or suspend a relationship with any third-party at any time for any reason.
Other Limitation of Liability
It is important to note that using the Internet does have its dangers. Our aim is to ensure a fast, reliable and secure service and to protect your personal information. However we cannot take responsibility for:
Any breach of security of DocMatcher.com.
Any damage, loss or corruption of any User Content, data, information or material
Any viruses or other malicious programs that may infect your computer equipment or other property
Any breach of security by hackers in relation to DocMatcher.com.
DocMatcher.com won't be liable for any special, indirect, incidental, consequential or economic loss (or for any exemplary or punitive damages) in connection with the use of DocMather.com or any other site. The same applies for the employees, officers, directors, representatives and agents of DocMatcher.com. This paragraph only applies to the extent that it can in accordance with applicable laws.
Forming and Maintaining a Professional Relationship
Once you select a health professional or accept a patient on DocMatcher.com you have entered into a “relationship” with that individual. You release DocMatcher.com LLC from all liabilities associated with such relationship. It is your responsibility to agree to the terms said relationship. Users will be granted access to activated services. Please uphold your agreement with one another and conduct yourself in a respectful and professional manner.
DocMatcher.com LLC will not be held liable for medical or other information or advice exchanged between parties on docmatcher.com, missed information, damages, costs, liabilities or other problems that may result from such relationships. DocMatcher.com is not responsible for the information provided by it’s users and does not routinely verify this information.
Policy Regarding “HIPPA”
DocMatcher.com LLC is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As a result, HIPAA does not apply to the transmission of health information by DocMatcher.com to any third party. DocMatcher.com LLC and its maintenance centers are not business associates of the heath professional nor do we access users’ health information. Therefore, DocMatcher.com LLC shall not be held liable for any losses or damages related thereto.
Once you agree to a physician-client relationship, you are subject to all the existing laws regarding the relationship and by all rules pertaining to the Health Insurance Portability and Accountability Act of 1996 (HIPPA) Privacy Rule. You agree that you will discuss your security and privacy issues regarding DocMatcher.com use directly as health professional and patient and agree on your own individual terms of use with each other, including with regard to issues pertaining to (‘HIPPA’) Privacy Rule. Such issues shall be dealt with independently of DocMatcher.com, and DocMatcher.com LLC.
Messaging
We ask that you do not discuss sensitive information on DocMatcher.com’s messaging system. Though have taken measures to protect the information exchanged via the messaging system (see privacy policy for security measures), we cannot fully secure or monitor the Internet. Therefore, do not to discuss sensitive, urgent or emergency information via DocMatcher.com, including the messaging system, virtual health files or DocMatchE.R. Remember that information sent via messaging can be misinterpreted or missed; therefore, if you do not receive an appropriate or timely response, be sure to contact the other party immediately to resolve the issue. You agree not to hold DocMatcher.com LLC responsible in any way for any data breach or revealing of sensitive, personal or protected information.
Terminating a Professional Relationship
If you wish to terminate a relationship with a patient or a health professional, you must follow the usual protocol pursuant to the law in your state. It is usual best practice for a health professional to notify the patient of the termination of the relationship within a reasonable time frame to allow the patient to locate another provider and for the physician to provide resources for finding another provider or for the physician to directly refer the patient to another provider. Please do not notify another party of termination using the DocMatcher.com website. Follow standard protocol in your area or as your usual professional protocol.
Once you form a relationship, you are responsible for maintaining or terminating that relationship. DocMatcher.com LLC will not be responsible for any harm or mishandling of the relationship. DocMatcher.com does not have any control over initiating or terminating a relationship.
You must inform DocMatcher.com if there is a serious problem to make us aware of the issue. However, we will not be responsible for resolving the issues. If you feel you are in danger, please contact the appropriate authorities or dial 911.
Sensitive Information
You understand and agree that DocMatcher.com LLC will not be responsible for any issues regarding sensitive information that is posted to or communicated through the website. Sensitive information includes without limitation any information that you do not want others to know in case of a security breach or that otherwise has implications to your security, privacy or wellbeing. Examples of medical information that has previously been implicated as sensitive medical information include but are not limited to data regarding the status of an individual’s mental health, sexually transmitted disease, HIV/AIDS and pregnancy issues. Examples of sensitive information include, but are not limited to, bank or credit account numbers and social security information. Please do not discuss personal information such as personal home addresses or telephone numbers, with other users.
Appointment Booking
Please note that in order to protect our user’s information, DocMatcher.com has designed the appointment booking feature of the website to reflect generic types of appointment requests (i.e. check-up, follow-up, sick visit, etc.). Please note, however, that your name does appear on the physician’s appointment log. Therefore, in the case of a security breach or data mishandling, a third party may associate your identity with a physician and, therefore, with a particular general problem area (i.e. mental health, sexually transmitted disease, cancer, etc.).
We do not monitor our users’ use of the website and, therefore, appointment confirmation should not be assumed. We cannot assure the frequency or timeframe that an individual user will check their messaging system. Therefore, you should contact the other party directly at their preferred contact telephone number. Do not assume that an appointment will take place if not confirmed. Confirm directly with the other party.
Appointment Changes/Cancellations
By booking or accepting an appointment with another user, you agree to that stated appointment time and date or agree to give an appropriate cancellation notice, pursuant to such user’s policy, and in any event, not less than 24 hours in advance. If an emergency situation arises where you cannot give appropriate notice or if you have not received confirmation of your cancellation, please contact the other party directly by calling his/her preferred contact number. Please do not leave sensitive information on DocMatcher.com, an answering machine or any other non-secure location.
Health professionals agree to their usual protocol and best practices for cancelling an appointment with a patient. Other users agree not to make appointments they do not intend to keep and to respect the time of our other users by making appointments only in compliance with these Terms of Use and the policies of DocMatcher.com. If either party has any doubts, questions, concerns or specifications regarding appointments or needs to confirm an appointment, please contact the other user directly.
If a user does not keep his/her scheduled appointment he/she is subject to the usual terms and conditions and fees, if any, set forth by that particular health professional.
For health professionals: feedback regarding multiple cancelled appointments may result in a suspension of your activities and privileges on DocMatcher.com. DocMatcher.com will contact you for further action. Reinstatement of such activities and privileges is at the sole discretion of DocMatcher.com.
Users: your selected health professional can revoke your appointment booking privileges indefinitely at any time. DocMatcher.com may revoke your privileges whenever we deem appropriate. Reinstatement of such activities and privileges is at the sole discretion of DocMatcher.com.
Feedback
We currently have, but may not have in the future, a protocol in place for user feedback. If we find that a physician has poor feedback (definitions of which are at the discretion of DocMatcher.com), we may contact the health professional for further investigation. DocMatcher.com LLC reserves the right to terminate any user at anytime. User feedback will be used in certain circumstances to adjust the data on a physician’s profile. When we deem that a health professionals profile should be adjusted, we will send you a message stating that we are changing your profile. If you believe that the information is incorrect or you wish to appeal this decision, please contact a DocMatcher.com customer service representative immediately.
DocMatcher.com Proprietary Rights
DocMatcher.com LLC owns all proprietary rights to DocMatcher.com. DocMatcher.com LLC gives you a limited, personal, temporary, revocable, non-assignable, non-transferrable, non-sub licensable and non-exclusive license to use DocMatcher.com.
All text, graphics, audio, video or image files, content, software, applications and information displayed on or available from this site, and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the "Proprietary Content") are the property of DocMatcher.com LLC. This includes, without limitation, the organization and layout of the site and the underlying software that is owned by us.
By using the site you're agreeing that Proprietary Content is available for personal use only and that you will not copy, reproduce, publish, distribute, transfer, pirate, share or dispose of in any way any Proprietary Content (other than your User Content which you have posted and for which you have the appropriate rights and permissions). The DocMatcher.com name, trademark, logo and design may not be used or copied in any manner. You agree not to do, cause or to permit anything to be done that might infringe, damage, or interfere with any copyright, trademarks, moral, performing, or design rights, or intellectual property or other proprietary rights of DocMatcher.com LLC, DocMatcher.com, it’s users or directors, our respective licensors, or any third parties; not to produce a website or company similar (content, visual or theoretical) or competitive to DocMatcher.com; and that you will not attempt to borrow, steal, manipulate, tamper, breach, or violate any part of DocMatcher.com or our search algorithm.
Pop Ups
When using DocMatcher.com, you may get pop-ups occasionally. You might also get pop-up ads from third parties. These may appear due to software you have installed, deliberately or unknowingly, on your computer. Unfortunately, we cannot control these pop-ups if they haven't come from us and we do not endorse any website or product which appears in any pop-ups which do not come from us.
Accessibility
If you have trouble using our website with certain web browsers or other software or if you want to let us know how we can improve accessibility, please contact us. We appreciate your feedback and your suggestions will help us to improve our service to you.
Site information and downtime
This site may be unavailable occasionally for maintenance, updating or otherwise. We apologize for any inconvenience caused. However, DocMatcher.com shall not be liable for any loss or damages resulting from such unavailability.
At DocMatcher.com we take great care in seeking to present accurate, transparent and useful information to you as a user. However, as an open platform there is a lot of content on this site that is not generated by us such as, User Content and Third Party Content. Information on this site might be out of date, incomplete, contain some errors or be in some way unreliable. Just to be sure, please check any information obtained from this site before acting upon it in any way.
Please note that we may make changes to the site, its functions and services from time to time at our sole discretion.
Term And Termination Of License
DocMatcher.com may place limits on, modify, suspend or terminate your use of DocMatcher.com at any time and if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If DocMatcher.com LLC terminates DocMatcher.com or your use of DocMatcher.com, this agreement will terminate at that time. If you choose to terminate your participation of DocMatcher.com, you must delete all of your information and unsubscribe to our services.
The provisions regarding ownership, disclaimers, indemnification, limitation of liability, and governing law and venue will survive termination of this license indefinitely in accordance with their terms.
Termination initiated by Health professionals must be in accordance with the terms outlined in their contract with DocMatcher.com LLC. Please refer to the initial contract or contact DocMatcher.com.
Sensitive Data
DocMatcher.com LLC will not be responsible for any sensitive or emergency information exchanged on the website. Users must understand that any emergencies or sensitive information should be handled between the parties directly.
Technical Malfunction
If for any reason DocMatcher.com experiences technical difficulties, your information may be unavailable or permanently lost. Please be sure to maintain easily accessible copies of all of your data. DocMatcher.com apologizes for any inconvenience but will not be responsible for unavailable data.
Verification of Identity/ Forming Relationships
Please be sure to meet your health provider in person before exchanging personal data. You should have full confidence in the identity and capabilities of your chosen professional. DocMatcher.com LLC will not be liable for fraudulent acts. In order to protect our members, DocMatcher.com LLC’s current protocol for physician registration includes photo or in-person identification as well as a one-time verification of an active license in the state they wish to serve our members. DocMatcher.com may change at any time at our discretion. The health professional is then subject to terms of use regarding fraud or misrepresentation. However, DocMatcher.com does not ensure verification of the health professional’s personal identity, credentials, profile data, license activity or judgments, or specialty certification, etc. It is the health professional’s responsibility to be truthful and it is the user’s responsibility to verify the health professional. This is why we ask that you either research the health professional before selection, call the health professional or meet the health professional before sharing any sensitive information with them.
In order to maintain the integrity and safety of our user, DocMatcher.com may perform an annual assessment of health professional license status. If you suspect or know that a physician is fraudulently representing himself/herself, please notify DocMatcher.com immediately and halt all contact with said individual. If you feel in danger, notify the appropriate authorities or contact 911 immediately.
Messaging
Please do not discuss sensitive information on the DocMatcher.com messaging system. We have taken reasonable measures to protect the information exchanged via the messaging system (see security information outlined previously). Again, this does not guarantee against breach. Therefore, use judgment and take all necessary precautions to protect your information. Do not to discuss sensitive, urgent or emergency information through this messaging information. Remember that information sent via messaging can be misinterpreted or missed, therefore, if you do not receive an appropriate or timely response, be sure to contact the other party immediately to resolve the issue or for confirmation. DocMatcher.com LLC will not be responsible for any data breach of sensitive information.
Termination of Relationships
If you wish to terminate a relationship with your provider, please inform your provider and block them from viewing your information. Please provide feedback to DocMatcher.com for quality assurance. Health professionals wishing to terminate a relationship with their patients should follow the usual protocol pursuant to the law in their state. Generally, this will likely notifying the patient with reasonable time to locate a new physician, providing them resources for finding a new physician and transferring care if requested or appropriate.
Once you form a physician-client relationship, you are responsible for maintaining or terminating that relationship. DocMatcher.com LLC will not be liable for any harm or mishandling of your personal or professional relationships.
Sensitive Information
DocMatcher.com LLC will not be responsible for any sensitive information that you post to the site or communicate about with your physician on the site. Sensitive information is simply any information that you do not want others to know or that has implications to your security, privacy or wellbeing. Please do not discuss personal information or financial information on this site.
Information that DocMatcher.com deems sensitive is held on a private server. However, in cases of a technical emergency, it may be possible for a third party to access this information during repairs. We are not responsible for unlawful actions by any third parties.
Payments
If your account is a paid subscription, payments reflect the price for a 12-month subscription including any account set-up fees and are to be paid in advance upon receipt of invoice. By clicking on a subscription rate, you are agreeing to pay that rate in full. One month free indicates you will receive 13-months of service for the price of 12-months. |