DOCTORPLAN

TERMS OF SERVICE


Date of Last Revision: June 14, 2021


PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE DOCTORPLAN SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.

These Terms of Service (“Terms”) apply to your access to and use of the DoctorPlan website, mobile application, and online platform (collectively, the “Service”) provided by DoctorBox Health, Inc. dba DoctorPlan (“DoctorPlan,” “we,” or “us”). By accessing or using the Service, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18.. If you do not agree to these Terms, do not use the Service.

IMPORTANT WARNINGS!!!

  1. THE SERVICE IS INTENDED AS A TOOL TO ASSIST PATIENTS (“PATIENT USERS”) AND THEIR HEALTHCARE PROVIDERS (“HEALTHCARE PROVIDERS”) IN PROVIDING, RECEIVING, GATHERING, RECORDING, ORGANIZING, UNDERSTANDING, MANAGING, SHARING, AND COMMUNICATING HEALTH INFORMATION AND TO ASSIST HEALTHCARE PROVIDERS IN MANAGING PATIENT CARE. THE SERVICE IS OFFERED FOR DATA AND PATIENT MANAGEMENT, COMMUNICATION AND INFORMATIONAL PURPOSES ONLY. THE SERVICE IS NOT INTENDED TO, AND DOES NOT, PROVIDE HEALTH OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICE IS ALSO NOT INTENDED TO BE USED AS A REPLACEMENT OR SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN. PATIENT USERS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DISCONTINUE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION ACCESSED THROUGH THE SERVICE.
  2. GENERAL HEALTH-RELATED CONTENT AND INFORMATION ACCESSED BY PATIENT USERS THROUGH THE SERVICE THAT IS NOT SPECIFICALLY PROVIDED TO SUCH PATIENT USERS AT THE DIRECTION OF THEIR HEALTHCARE PROVIDER, BUT THAT MAY IN SOME CASES BE AVAILABLE TO PATIENT USERS BASED ON THEIR HEALTH CONDITIONS, SYMPTOMS OR OTHER INFORMATION THAT THEY OR THEIR HEALTHCARE PROVIDER RECORD IN DOCTORPLAN, INCLUDING, WITHOUT LIMITATION, ARTICLES, VIDEOS, INFORMATION AND WARNINGS ABOUT EXERCISES, ACTIVITIES, MEDICATIONS, CONDITIONS, INDICATIONS, AND TREATMENTS (COLLECTIVELY “GENERAL HEALTH-RELATED CONTENT”), ARE MERELY INTENDED AS GENERAL INFORMATION THAT MAY BE USEFUL FOR PATIENT USERS INTERESTED IN SUCH INFORMATION. SUCH GENERAL HEALTH-RELATED CONTENT HAS NOT BEEN CUSTOMIZED FOR SPECIFIC PATIENT USERS AND DOES NOT TAKE INTO ACCOUNT A PARTICULAR PATIENT’S PHYSICAL CONDITION OR MEDICAL HISTORY. PATIENT USERS SHOULD SEEK THE ADVICE OF A PHYSICIAN REGARDING QUESTIONS REGARDING THE HEALTH-RELATED CONTENT AND THEIR HEALTH OR MEDICAL CONDITIONS. PATIENT USERS SHOULD NOT COMMENCE ANY EXERCISE PROGRAMS OR STRENUOUS OR INCREASED PHYSICAL ACTIVITIES, OR CHANGE THEIR DIET, ANY TREATMENT OR MEDICATIONS WITHOUT FIRST CONSULTING A PHYSICIAN.
  3. PATIENT USERS SHOULD NOT RELY ON THE SERVICE OR ANY GENERAL HEALTH-RELATED CONTENT DURING A MEDICAL EMERGENCY OR FOR ANY LIFE-THREATENING CONDITION, CRITICAL REMINDERS, OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL. IN ADDITION, WHEN PATIENT USERS RECORD SYMPTOMS OR OTHER INFORMATION IN DOCTORPLAN, PATIENT USERS UNDERSTAND THAT THIS INFORMATION IS NOT REVIEWED BY ANYONE IN A TIMELY MANNER. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
  4. DOCTORPLAN IS NOT RESPONSIBLE OR LIABLE FOR ANY INFORMATION, FORMS, PRODUCTS, SERVICES, DIAGNOSIS, OR TREATMENT THAT PATIENT USERS MAY OBTAIN OR FOLLOW IN CONNECTION WITH OR AS A RESULT OF USING THE SERVICES. NOR IS DOCTORPLAN RESPONSIBLE FOR ANY INTERACTIONS AND COMMUNICATIONS BETWEEN PATIENT USERS AND THEIR HEALTHCARE PROVIDERS, WHETHER THROUGH THE SERVICE OR OTHERWISE.
  5. HEALTHCARE PROVIDERS ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY INFORMATION ACCESSED OR COMMUNICATED THROUGH THE SERVICE THAT IS PROVIDED BY, OR UNDER THE DIRECTION OR SUPERVISION OF, SUCH HEALTHCARE PROVIDER. DOCTORPLAN IS NOT RESPONSIBLE OR LIABLE FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION OR THE COMMUNICATION OR TRANSMISSION OF ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED BY, OR UNDER THE DIRECTION OR SUPERVISION OF, HEALTHCARE PROVIDERS THROUGH THE SERVICE OR FOR ANY UNAVAILABILITY OF THE SERVICE.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with DoctorPlan, or its subsidiaries or affiliates, for products, services or otherwise. Healthcare Providers are subject to the DoctorPlan Provider Terms of Service and License Terms (the “Provider Terms”), and in the event of any conflict between these Terms and the Provider Terms, the Provider Terms will prevail (with respect to Healthcare Providers).

DoctorPlan reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and in its sole discretion. Any changes or modification will be effective immediately within thirty (30) days following posting of the revisions on the Service, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Service following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended terms, you must stop using the Service.

  1. Privacy Policy and Data Usage

    Please refer to our Privacy Policy for information on how DoctorPlan collects, uses and discloses personally identifiable information from its users. With respect to information that you provide to DoctorPlan to register for and start using the Service (“Registration Information”) or other information that you directly provide to DoctorPlan that is not part of your communications or relationship with your Healthcare Provider, you consent to our collection, use, and disclosure of such information in accordance with our Privacy Policy. With respect to information that you and your Healthcare Providers share through the Service that is part of the communications or relationship between you and your Healthcare. Providers, or that otherwise constitutes Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), including responses to Healthcare Provider forms, questions, and questionnaires, you consent to our collection, use, and disclosure of such information in accordance with our Privacy Policy and applicable law, including HIPAA with respect to any PHI. This includes, without limitation: (a) making information available to your Healthcare Providers to facilitate, analyze, provide, document, and/or improve the quality of the healthcare services they provide and to become part of your medical record,; (b) providing, maintaining, facilitating, testing, analyzing, and improving the Service and for other research, development and data analysis purposes for DoctorPlan and its partners and service providers; (c) providing educational materials or information, including about products and services we think may be of interest to you; and (d) making aggregate and/or anonymized data available to your Healthcare Provider and other third parties. You understand that DoctorPlan may receive compensation in connection with some of the foregoing to the extent permitted under HIPAA and other applicable law.

    PHI is not shared with third parties, other than with your Healthcare Provider or as permitted by HIPAA, without your express consent. If you do not consent to the collection, use and disclosure of your information as described herein and in the privacy policy, do not access or use the Service. You also acknowledge and agree that you will not be entitled to any compensation for the use of any of your information as authorized under these Terms or our Privacy Policy.

  2. Copyright and Limited License

    Unless otherwise indicated, the Service and all content and other materials available on or through the Service, including, without limitation, the DoctorPlan logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Service Materials") are the proprietary property of DoctorPlan or its licensors and are protected by U.S. and international copyright laws.

    Subject to the terms, conditions, and limitations set forth in these Terms, you are granted a limited, non-sublicensable license to download and use the DoctorPlan application and to access and use the Service solely for your informational, non-commercial, personal use (in the case of Patient Users), and internal professional use (in the case of Healthcare Providers). Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Service or the Service Materials therein; (b) the collection and use of any data, content, or descriptions except as expressly permitted on the Service; (c) the distribution, public performance or public display of any Service Materials; (d) modifying or otherwise making any derivative uses of the Service and the Service Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Service, the Service Materials or any information contained therein, except as expressly permitted on the Service; or (g) any use of the Service or the Service Materials other than for its intended purpose. Any use of the Service or the Service Materials other than as specifically authorized herein, without the prior written permission of DoctorPlan, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  3. Repeat Infringer Policy

    In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, DoctorPlan has adopted a policy of terminating, in appropriate circumstances and at DoctorPlan's sole discretion, subscribers or account holders who are deemed to be repeat infringers. DoctorPlan may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  4. Copyright Complaints

    If you believe that anything on the Service infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

    Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent

    Full Address of Designated Agent to Which Notification Should be Sent: 1 Harbor Drive, Sausalito, CA 94965

    Telephone Number of Designated Agent: 415-944-6400

    E-Mail Address of Designated Agent: copyright@doctorplan.com

    Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  5. Trademarks

    DOCTORPLAN, the DoctorPlan logos, and any other DoctorPlan product or service name or slogan contained in the Service are trademarks of DoctorPlan, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DoctorPlan or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "DoctorPlan" or any other name, trademark or product or service name of DoctorPlan without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DoctorPlan and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  6. Hyperlinks

    You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray DoctorPlan or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DoctorPlan logo or other proprietary graphic of DoctorPlan to link to this Service without the express written permission of DoctorPlan. Further, you may not use, frame or utilize framing techniques to enclose any DoctorPlan trademark, logo or other proprietary information, including the images found at the Service, the content of any text or the layout/design of any page or form contained on a page on the Service without DoctorPlan's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DoctorPlan or any third party.

    DoctorPlan makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Service, or Web sites linking to the Service. Such sites are not under the control of DoctorPlan and DoctorPlan is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. DoctorPlan provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by DoctorPlan of any site or any information contained therein. When you leave the Service, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service.

  7. Third Party Content

    DoctorPlan may provide Patient Users with third-party content, or links to third-party content or websites, on or through the Service, including information and links provided or suggested by your Healthcare Provider (collectively the "Third-Party Content") as a service to Patient Users who may be interested in this information. DoctorPlan does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that DoctorPlan is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

  8. Advertisements and Promotions; Third Party Products and Services

    As part of the Service, DoctorPlan may provide information about or links to third-party products or services on the Service or may send you information or offers regarding third-party products or services. DoctorPlan does not endorse or make any representations or warranties regarding any third-party products, services, promotions or vendors, including as to their effectiveness, reliability, accuracy, safety, or appropriateness, or your results. Your participation in promotions of, and your business dealings, interactions, or communications with such third parties, and any terms, conditions, warranties or representations associated with such promotions, dealings, interactions, or the use of any third-party products or services, are solely between you and such third party. DoctorPlan is not responsible or liable in any manner for any third-party products, services, or promotions, for your dealings, interactions, or communications with such third parties, or for any loss, damage or harm of any sort incurred as the result of any of the foregoing.

    The Service may include embedded technology by third-party vendors, including video calling tools that may be used to enable healthcare Providers to offer telehealth appointments with their patients. Doctor Plan is not responsible or liable for, and does not endorse or make any representations or warranties regarding, any embedded technology that you may access through the Service.

  9. Submissions

    You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or feedback, regarding the Service (collectively the “Feedback”), that are provided by you in any form are non-confidential and shall become the sole property of DoctorPlan. DoctorPlan shall own exclusive rights in and to all Feedback, including all intellectual property rights therein, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  10. User Content and Conduct

    The Service may include areas or services (such as storage of documents, images, or messaging features) in which you or other users create, post or store content, messages, materials, data, information, photos, video, or other items or materials on the Service ("User Content"). You are solely responsible for any User Content you post, and for your use of the such areas or services is at your own risk. You acknowledge and agree that DoctorPlan is not responsible for the actions of any third parties with whom you share or provide access to User Content.

    You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:

    You further agree that you are solely responsible for your conduct while on the Service, and you agree that you will not do any of the following in connection with the Service, the Service or its users:

    DoctorPlan takes no responsibility and assumes no liability for any User Content posted, stored, uploaded, accessed or downloaded by you or any third party, or for any loss or damage thereto, incomplete or inaccurate User Content, or for any user conduct, nor is DoctorPlan liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is solely at DoctorPlan's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules. As a provider of interactive services, DoctorPlan is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other area. Although DoctorPlan has no obligation to screen, edit or monitor any User Content, DoctorPlan reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense. Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service.

    You retain ownership of your User Content, and you grant DoctorPlan and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your User Content to provide, maintain, customize, and improve our Service. This includes the right to test, develop, train, and improve the Service and our technology. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Service; and (b) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

  11. Registration Data; Account Security

    In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to DoctorPlan, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to DoctorPlan.

  12. Indemnification

    You agree to defend, indemnify and hold harmless DoctorPlan, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your misuse of the Service or other misconduct; or (c) your violation of these Terms, of any applicable law, rule or regulation, or of the rights of any third party.

  13. Disclaimer

    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DOCTORPLAN, THE SERVICE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DOCTORPLAN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE AND THE SERVICE MATERIALS. DOCTORPLAN DOES NOT REPRESENT OR WARRANT THAT INFORMATION OR MATERIALS AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SAFE, OR APPROPRIATE FOR YOU OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DOCTORPLAN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE DOCTORPLAN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE AND THE SERVICES SAFE, DOCTORPLAN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

    DoctorPlan reserves the right to change any and all content contained in the Service and to modify, suspend or discontinue the Service or any Services offered through the Service or any features or functionality of the Service or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by DoctorPlan. You should have back-up copies of any information your store through the Service.

  14. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL DOCTORPLAN, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE, CONTENT, INFORMATION, OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DOCTORPLAN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DOCTORPLAN'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DOCTORPLAN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, CONTENT, INFORMATION, OR MATERIALS OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DOCTORPLAN FOR ACCESS TO OR USE OF THE SERVICE.

  15. Release

    To the fullest extent permitted by applicable law, you release DoctorPlan and its officers, directors, agents, partners and employees from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

  16. Applicable Law and Venue

    These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Marin County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

  17. Termination

    Notwithstanding any of these Terms, DoctorPlan reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

  18. Severability

    If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  19. Dispute Resolution and Arbitration

    Please read the following section carefully because it requires you to arbitrate certain disputes and claims with DoctorPlan and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

    No Representative Actions. You and DoctorPlan agree that any dispute arising out of or related to these Terms or our Services is personal to you and DoctorPlan and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

    Arbitration of Disputes. Except for small claims disputes in which you or DoctorPlan seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or DoctorPlan seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and DoctorPlan waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against DoctorPlan or relating in any way to the Services, You agree to first contact DoctorPlan and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to DoctorPlan by email at legal@doctorplan.com or by certified mail addressed to Legal Department, DoctorBox Health Inc, 1 Harbor Dr., Suite 300, Sausalito CA 94965. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and DoctorPlan cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in Marin County, California, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

    You and DoctorPlan agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

    The arbitrator, DoctorPlan, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

    You and DoctorPlan agree that for any arbitration you initiate, you will pay the filing fee and DoctorPlan will pay the remaining JAMS fees and costs. For any arbitration initiated by DoctorPlan, DoctorPlan will pay all JAMS fees and costs. You and DoctorPlan agree that the state or federal courts of the State of California and the United States sitting in Marin County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

    Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and DoctorPlan will not have the right to assert the claim.

    You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by emailing us at legal@doctorplan.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section 18.

    If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.

  20. Consent to Use of Data and Mobile Communications

    You agree that communications and transactions between you and DoctorPlan may be conducted electronically, including by SMS, text message, email, push communications, or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.

  21. Miscellaneous

    The failure of DoctorPlan to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

    Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

  22. Additional Terms Applying to iOS and Android App

    Notwithstanding anything to the contrary in the Terms set forth above, the following additional terms shall apply to any mobile applications downloaded from a digital distribution platform, such as the Apple App Store or Google Play Store (the “Mobile App Provider”):