Thank you for using DocClocker, and for taking some time to review these Terms of Use. We hope that you find our app and our services to be beneficial.
These Terms of Use ("Terms") govern your use of: (a) the DocClocker™ mobile application (the "App") and online service, (b) the web site at www.docclocker.com and all related portals and web sites (the "Sites"), and (c) all related technologies, software, content, and services. The foregoing items are collectively referred to in these Terms as the "Services."
These Terms constitute a binding, legal agreement between Fast Pathway, Inc. ("Fast Pathway" or "we", the producer of the Services) and you. Please read these Terms carefully. By clicking or checking "I Accept" or similar language, or otherwise by using the Services, you agree to these Terms, including without limitation the Privacy Policy incorporated herein. If you do not agree to be bound by these Terms, then we do not grant you any right to install or use the Services.
THE SERVICES DO NOT CONSTITUTE MEDICAL TREATMENT OR MEDICAL OR HEALTHCARE ADVICE, AND FAST PATHWAY IS NOT A HEALTHCARE PROVIDER. THE APP AND THE SERVICES ARE NOT INTENDED TO BE USED FOR TREATING OR DIAGNOSING ANY MEDICAL CONDITION.
IF YOU ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, HAVE AN ILLNESS OR INJURY, OR HAVE WORSENING OF ANY SYMPTOMS, CONTACT YOUR HEALTHCARE PROVIDER, OR IN AN EMERGENCY IN THE UNITED STATES DIAL 911, RIGHT AWAY.
We reserve the right to change these Terms at any time by posting the changes on our Sites and/or within the App. Your continued use of Services following such modifications will be conclusively deemed acceptance of any changes to these Terms.
THE SERVICES AND ALL RELATED CONTENT ARE PROVIDED AS-IS, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
FAST PATHWAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS MAKE NO REPRESENTATION OR WARRANTY RELATING TO THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ACCESSIBLE DIRECTLY OR INDIRECTLY FROM THE SERVICES. FAST PATHWAY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE FOREGOING, FAST PATHWAY DISCLAIMS ALL WARRANTIES: (A) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (B) AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL RIGHTS, (C) RELATED TO THE TRANSMISSION OR DELIVERY OF THE SERVICES OR ITS CONTENT, (D) RELATING TO THE ACCURACY, RELIABILITY, TIMELINESS, CORRECTNESS, OR COMPLETENESS OF THE SERVICES (INCLUDING WITHOUT LIMITATION REPORTING OF WAIT TIMES), AND (E) OTHERWISE RELATING TO THE PERFORMANCE OF THE SERVICES.
The content and features associated with the Services are for general informational, scheduling, wait time communication, and/or other communication purposes and are not intended to provide a diagnosis or take the place of consultation or advice from a health care professional.
Although physicians and other healthcare professionals may use the Services to communicate with you, use of the Services does not form any medical professional/patient relationship.
Persons under the age of 18 are not permitted to use the Services and are advised to talk with their parents or guardians about seeing a physician or other qualified healthcare provider.
Fast Pathway does not warrant that the functioning of the Services will be uninterrupted or that the Services and any associated information will meet your requirements. No oral or written information or advice given by Fast Pathway or any of its employees, representatives, agents or distributors will create a warranty.
As part of the Services, we may include information about healthcare providers, including current wait times for providers and means to manage appointments with and to communicate with healthcare providers.
At all times, you are solely responsible for choosing your healthcare providers. Fast Pathway does not provide a referral service and does not recommend or endorse any specific physicians or other healthcare providers, or the use of any procedures, tests, pharmaceuticals, or medical devices. Information regarding healthcare providers, including their wait time, appointment schedule and availability, and other information and content made available through the Services, may be incomplete or out of date, or otherwise inaccurate. Fast Pathway is not responsible for verifying any such information or for the quality of any medical or healthcare services you may receive.
Certain healthcare providers may acquire sponsorships on our Services, allowing them a priority placement or other enhancements in their listings. This does not constitute an endorsement by us.
We may, in our discretion, remove listings of a healthcare provider if we are aware that the provider does not have active licenses, has engaged in sanctionable conduct, or is otherwise incorrect or inappropriate. However, we provide no warranty or guarantee that we will undertake any reviews of these matters.
You are solely responsible for paying your healthcare-related expenses and for any disputes of any kind with your healthcare provider.
To use certain parts of the Services, you may need to register and provide basic information to us, such as your email address, zip code, and your choice for password. You represent that the information that you provide about yourself in the account registration process is complete and accurate. You agree that we may use your email address to send you notifications and other account-related communications which may include surveys, feature updates, Services issues, special announcements and/or marketing promotions.
You are responsible for keeping your password confidential, keeping your medical and other personal information private, and for promptly notifying us if your password has been hacked or stolen. You may not register for an account on behalf of an individual other than yourself, and you may not register on behalf of any entity.
The Services may include functionality to allow you to track wait times when at a healthcare provider's office. If you use the "stopwatch" timer feature in the Services, do not start the timer until you arrive for your appointment in the provider's office and your appointment time has been reached. If you are late for your appointment by more than 5 minutes, then you should not use the wait time tracking feature of the Services.
The Services may also allow healthcare providers to post their wait times. Fast Pathway does not guarantee the accuracy of any wait times posted by healthcare providers.
Fast Pathway may in its sole discretion determine not to include any wait times posted by a user if Fast Pathway believes that the information is not accurate.
You agree to defend, indemnify, and hold harmless Fast Pathway, its officers, directors, employees, affiliates, agents and its partners and suppliers (including, without limitation third parties who contribute to the Services) from any loss, damage, expense, or cost (including, without limitation, reasonable attorney's fees) resulting from or relating to wait times as reported through the Services.
You acknowledge that Fast Pathway and its licensors solely own all rights in and to the Services, and the associated content, software, scripts, graphics, photos, video, sound, source code, algorithms, data structures, methods, screen formats, and concepts, including all related patent, copyright, trade secret, trademark, and other intellectual property rights. You will not remove any copyright or other proprietary notices from the Services or any copies thereof. Fast Pathway reserves all rights not expressly granted hereunder. The license granted herein does not constitute a sale of any intellectual property associated with the Services. You agree not to challenge Fast Pathway's ownership or rights in and to the Services and related materials. You acknowledge and agree that any violation of the terms of this Section would irreparably harm Fast Pathway and that Fast Pathway may enforce the terms of this Section through injunctive relief, without limitation to any other rights and remedies available to it.
These Terms covers any future releases and updates of the Services that you may use, unless any such update is subject to a separate agreement. Your rights to the previous versions of the App terminate once an update has been installed.
You agree to access the Services and associated data only through the interface that is provided by us for accessing the Services. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, offline readers, and screen scraping tools, to access, monitor, download or copy any part of the Services, including without limitation any content associated with the Services, unless we have provided prior written consent.
All rights in trademarks, trade names, logos, service marks, and trade dress ("Trademarks"), displayed in connection with the Services belong exclusively to Fast Pathway or its owners. You are prohibited from imitation, dilution, or confusing or misleading uses. Nothing gives you any license or right under the Trademarks or any other intellectual property of Fast Pathway or any third party unless expressly stated in these Terms.
Permission is granted to display, copy, and download the materials on the Sites for personal, noncommercial use only; provided you do not distribute or modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on the Sites for commercial use without prior written approval of Fast Pathway. Use of images of people and places displayed on the Sites for commercial or non-commercial purposes is strictly prohibited.
Fast Pathway grants you a non-exclusive, non-transferable, limited license to use the App in executable form for your personal, non-commercial use only on any mobile device or tablet that you own or control (and, if you own or control an Apple iPhone, iPad or iPod, as permitted by the Usage Rules of the App Store Terms and Conditions (the "Usage Rules")). This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may use the App only for your personal, non-commercial benefit, and not to assist or aid any other person.
Fast Pathway grants you a non-exclusive, non-transferable, limited license to access and display the Sites solely on your computer or other personal device for your personal, non-commercial use of the Sites. You may print a copy of online materials and contents for your own personal, non-commercial use. Except for such permitted access, display and use, you may not copy, reproduce, republish, transmit, distribute, use or create derivative works of the Sites without Fast Pathway' prior written consent.
You represent and warrant that you have the right and authority to agree to these Terms and are not prohibited from using the Services.
You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy (except as expressly permitted by this license and if applicable the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights and the rights of our licensors. If you breach this restriction, you may be subject to prosecution and damages.
You agree to use the Services in compliance with all applicable laws, rules, regulations and standards, including but not limited to laws, rules, regulations and standards relating to the privacy of individually identifiable information.
Software, functionality and other materials that are made available for downloading, access, or use on or from the Services may, in addition, have their own license terms, conditions, and notices, and you agree to be governed by such terms, conditions, and notices. Your use of the Services is conditioned upon your acceptance and compliance with these Terms and any other applicable terms, conditions, and notices.
Your use of this App is governed by our Privacy Policy included on the Site ("Privacy Policy"). We are committed to safeguarding and protecting your personal information, including health information. You agree to the use and disclosure of your personal information as set forth in the Privacy Policy. In particular, we may transmit your personal information to healthcare providers when you are setting an appointment or are communicating with your healthcare provider through our Services.
You agree not to, in connection with your use of the Services:
The Services may include the ability to post information and content, including wait times, provider reviews and commentary, or send communications to providers (each, a "User Contribution"). Depending on the feature of the Services you are using, your User Contribution can be publicly available, or alternatively designated for limited recipients only.
You agree to post and send User Contributions that are proper and comply with these Terms.
You agree not to:
Fast Pathway has the right, but not any obligation, to monitor and/or review all User Contributions. Fast Pathway reserves the right at all times to disclose any User Contribution to a third party as Fast Pathway deems necessary to satisfy any applicable law, regulation, legal process or governmental request or refuse to post or to remove any User Contribution for any reason in Fast Pathways' sole discretion.
You agree to be careful about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information about others in any public User Contribution. In making User Contributions, you agree to respect other persons' privacy rights. Any information disclosed by You as part of a publicly available User Contribution is not private and is not subject to any privacy protections.
The Services may enable you to evaluate and rate healthcare provider, and may include the assignment of a numeric rating (such as 1-5) as a performance indication and ability to make comments. All evaluations must be made in good faith and be fair and objective. You agree not to review a practice with which you or your family member or friend is affiliated, or that competes with you or a family member or friend. If you post a comment regarding a healthcare provider, you are solely responsible for ensuring that the comment complies with all use and content restrictions in these Terms.
You retain ownership of all of your copyright interests in your User Contributions.
By submitting or sending a User Contribution, you: (i) represent and warrant that the User Contribution is original to you and that no other party has any rights thereto, and (ii) grant us (subject to applicable provisions of our Privacy Policy) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, transfer, perform and display such material (in whole or part) and to incorporate User Contributions in other works in any form, media, or technology now known or later developed. You also agree that Fast Pathway is free to use any ideas, concepts, know-how, or techniques that you provide to us for any purpose. We are not responsible for maintaining any User Contributions that you provide to us, and we may delete or destroy any such User Contributions at any time.
User Contributions that are for public disclosure will be deemed not to be confidential.
The App and certain Services may be available for a fee, which are described on the App and/or the Sites and may be changed from time to time. All fees paid are nonrefundable except as allowed by third-party App stores.
If there are recurring fees associated with your account, your account and fees will automatically renew monthly (or other time period as agreed) and continue until your account is terminated, suspended or deactivated. You consent to and accept responsibility for all recurring charges, without further authorization from you and without further notice except as required by law. You acknowledge that the amount of the recurring fee may change upon prior notice to you.
Unless otherwise stated, all fees are in U.S. dollars. You are responsible for paying all taxes associated with the Services and any transactions entered in connection with the Services. If your payment method fails or your account is past due, we may terminate or suspend your use of the Services.
Please use caution when e-mailing and texting us, or using other electronic communication tools to communicate with us. You should consider that all such standard communications tools are not fully secure means of communication. Do not send us emails, texts, or other electronic communications with personally identifiable health information ("PHI"). There is some risk that any PHI contained in email, texts and other electronic communications may be disclosed to, or intercepted, printed, or stored by, unauthorized third parties. Fast Pathway cannot ensure the security or confidentiality of messages sent by email, texts, and other electronic communications.
Fast Pathway' liability for breach of these Terms or any other cause of action arising under or relating to these Terms is limited to your right to terminate use of the Services. In no event will Fast Pathway, its affiliates, officers, employees, or any party involved in creating or delivering the Services be liable for any damages of any kind, including without limitation any direct, incidental, consequential, indirect, special, or punitive damages, for any personal injury or death, any lost profits or loss of revenue, or damages resulting from lost data arising out of or relating to your use of the Services, including your reliance on any information provided through the Services or your use of any healthcare providers that you found through the Services. Without limiting the foregoing, you agree that in no event shall Fast Pathway be liable to you in an amount exceeding $75. If you have a dispute with another user of the Services, you release Fast Pathway from any claims, demands, and damages of any kind arising from such dispute. We do not guarantee or warrant that access to the Services will not result in, or that any content or software made available through the Services will be free of, infection from viruses, worms, Trojan horses or other destructive code.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Fast Pathway has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Fast Pathway's liability in such jurisdictions shall be limited to the extent permitted by law.
FAST PATHWAY ASSUMES NO LIABILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE SERVICES.
You agree to defend, indemnify, and hold harmless Fast Pathway, its officers, directors, employees, affiliates, agents and its partners and suppliers (including, without limitation third parties who contribute to the Services) from any loss, damage, expense, or cost (including, without limitation, reasonable attorney's fees) resulting from or relating to:
Fast Pathway reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We operate and control the Services from our location in the State of Florida, USA. We make no representation that any part of our Services is appropriate for use outside of the United States. If you choose to access our Services from locations other than the United States, you do so on your own initiative and are responsible for compliance with applicable laws and regulations.
These Terms and the relationship between you and us are governed by and construed in accordance with the laws of the State of Florida, without regard to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (USA) do not apply to these Terms. You and Fast Pathway each irrevocably agrees that the exclusive venue for any action or proceeding arising out of or relating to these Terms or our relationship with you, regardless of theory, shall be the state and federal courts located in Hillsborough County, Florida. You and Fast Pathway each irrevocably consent to the personal jurisdiction of these courts and waive any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you agree that Fast Pathway may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction.
The Services are not intended or licensed for use by children under age 18. We will not knowingly collect personally identifiable information in connection with the Services from children under 18. If you are under 18 years old, please do not use the Services.
We may modify, delete and replaces features in, and enhance the Services from time to time without notice to you.
We may discontinue offering the Services and we may suspend or terminate your right to use the Services at any time, for any or no reason. We may also suspend or terminate your right to use the Services in the event we determine in our sole discretion that you have breached these Terms. After such termination, we will have no further obligation to provide the Services to you.
Your violation of these Terms or unauthorized use or access of our intellectual property and/or systems may also result in legal liability (including, without limitation, monetary damages) to you.
Any suspension, termination, or cancellation will not affect provisions in these Terms which by their nature are intended to survive such suspension, termination, or cancellation, including without limitation the Sections entitled "Intellectual Property", "Additional Notices and Disclaimers", "Limitation of Liability", "Indemnification", "Choice of Law and Jurisdiction", and "Additional Terms".
The terms in this Section apply only to the extent you are using the App on an Apple iOS device (iPhone, iPod, or iPad).
These Terms are between you and Fast Pathway only, and not with Apple. In the event that these Terms provide usage rules that are less restrictive than the Usage Rules set forth for Apps in, or otherwise are in conflict with, the Apple App Store Terms and Conditions (which you acknowledge you have had an opportunity to review), then the App Store Terms and Conditions shall take precedence.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Fast Pathway's sole responsibility.
You and Fast Pathway acknowledge that: (a) Fast Pathway, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and (b) in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Fast Pathway, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
These Terms, together with our Privacy Policy and any other legal terms and notices published by us on the Services, constitute the entire agreement between you and Fast Pathway concerning the Services, and supersede all previous written and oral understandings and agreements. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without Fast Pathway's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Fast Pathway may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to Fast Pathway relating to modifying or improving the Services ("Feedback"), whether solicited or unsolicited, are non-confidential and shall become our sole property. Fast Pathway shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you hereby grant to Fast Pathway a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback.
You may not use or otherwise export or re-export the App or any software associated with the Services except as authorized by United States law and the laws of the jurisdiction in which the App or such software was obtained. In particular, but without limitation, the App and such software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The parties are and shall remain independent contractors. Nothing in these Terms shall be construed to constitute the parties as partners, joint venturers, agents or anything other than independent contractors.
Fast Pathway respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Fast Pathway will respond expeditiously to claims of copyright infringement committed using the App that are reported to our Designated Copyright Agent identified below. If you are a copyright owner or an agent thereof and believe that your copyright has been infringed, you may submit a DMCA notification by filing a notice with our Designated Agent. To file a copyright infringement notification with us, please send a written communication that includes the following:
Please contact us at admin@docclocker.com if you have any questions concerning our Terms.