Welcome to DocSpera, the web application is owned and operated by Compliant Innovations, Inc, 150 West Iowa Ave, Sunnyvale CA 94086.
Your privacy is important to DocSpera. DocSpera's Privacy Notice is hereby incorporated into the terms of this Agreement by reference. Please read this notice carefully for information relating to DocSpera's collection, use, and disclosure of your personal information.
The Site, including without limitation all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site that are provided by DocSpera (collectively, the "Materials") are owned and/or licensed by DocSpera. Materials do not include Non-DocSpera Content (as defined below). As between DocSpera and You, all intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of DocSpera. DocSpera retains all rights not expressly granted in this Agreement. You shall not acquire any right, title, or interest to the Materials, except for the limited rights set forth in this Agreement. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without DocSpera's prior written permission.
Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws. DocSpera grants You limited permission to use the Site as set forth in this Agreement subject to this Agreement and the following restrictions: You may not: (a) modify, publicly display, perform, sell, reproduce, distribute, publish or rent the Materials or use them for any commercial purpose; (b) decompile, reverse engineer, disassemble or make derivative works of the Materials; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity in manners inconsistent with this Agreement, the Guidelines or current DocSpera policies. You agree to prevent any unauthorized copying of the Materials or information. DocSpera makes no representations that the Site is appropriate or available for use outside of the United States. If you are accessing or using the Site from other jurisdictions, you do so at their own risk.
DocSpera may terminate Your permission to use the App at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the App.
To use the App or any Materials, You must (a) either be (1) a currently licensed physician or (2) a member of a healthcare support team and (b) be a registered & authorized participant of docspera.com. Prior to the use of this Site, You must provide DocSpera with valid confirmation of (a), above, including all of the following: (i) Your name; (ii) Your mailing address; (iii) jurisdictions of licensure, if You are a licensed healthcare provider; (iv) company affiliations; and (v) other confirmatory demographics. By submitting that information to DocSpera, You hereby certify all assertions made under this Section and agree that You authorize DocSpera to confirm the veracity of such information.
This App is intended by DocSpera to require a valid, working eMail address and password to access and use the Materials on the App. Certain other Materials or functionalities on the App may require additional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the passwords and codes assigned to You (collectively, "ID(s)"), (2) not allowing another person to use your eMail address or IDs to access the App, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing DocSpera in writing of any need to deactivate an ID due to potential or actual security concerns. DocSpera is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the App using Your ID. You agree to immediately notify DocSpera in writing of any unauthorized use of Your ID.
The Materials and Non-DocSpera Content available are for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. DocSpera or You are not permitted to advise, diagnose, or otherwise treat users of this App. Neither the content, including the Materials and Non-DocSpera Content, nor any other service offered by or through this App is intended to be for medical diagnosis or treatment. Neither DocSpera's maintenance of the App nor Your use of the App for any purposes creates an express or implied physician-patient relationship between you and DocSpera, its employees or consultants or other users of the App. Persons accessing this information assume full responsibility for the use of the information and agree that DocSpera is not responsible or liable for any claim, loss, or damage arising from the use of the information. All advice and information given by another user of the App is solely the opinion of such other user (and not DocSpera) and is not endorsed or sponsored by DocSpera in any way. DocSpera shall have no responsibility to review, modify or provide input on any Non-DocSpera Content. DocSpera does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the App by DocSpera or other users of the App. Your use of and reliance upon the Materials and Non-DocSpera Content obtained or used by You is solely at Your own risk. DOCSPERA MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THE APP. HEALTH-RELATED INFORMATION AND TECHNOLOGY CHANGE FREQUENTLY AND THEREFORE INFORMATION CONTAINED IN THE APP MAY BE OUTDATED, INCOMPLETE OR INCORRECT. DOCSPERA DOES NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE APP OR INFORMATION CONTAINED THEREIN. IN USING THE APP, YOU AGREE THAT NEITHER DOCSPERA NOR ANY OTHER PARTY IS OR WILL BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DECISION MADE OR ANY ACTION TAKEN OR ANY ACTION NOT TAKEN DUE TO YOUR USE OR RELIANCE ON ANY INFORMATION PRESENTED ON THE APP OR AS A RESULT OF USING THE APP.
As a user of this Site, You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional information as provided in Section 4. Except with our written consent, You hereby certify that You are not a paid consultant or have any other financial interests in the information you provide to this Site. You covenant, represent and warrant that You will not promote "off-label" drug uses, disclose confidential clinical trial or other proprietary information, or otherwise violate any applicable law or regulation, including without limitation FDA regulations and guidelines.
Unless otherwise agreed in writing between You and DocSpera prior to Your transmission, storing, review or receipt of confidential patient information or personal health information ("Patient Information"), if you transmit, store, review or receive such Patient Information to, from or on the Site, the following terms apply. State and Federal laws, as well as ethical and licensure requirements of Your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain information or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may nowhere after govern the gathering, use, transmission, processing, reporting, disclosure, maintenance, and storage of the Patient Information, and use Your best efforts to cause all persons or under Your direction or control to comply with such laws. You are, at all or receipt, entities times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information You transmit, store, or receive in connection with the Site, the Materials, the Non-DocSpera Content and any third party site. You agree that DocSpera, DocSpera's licensors and licensees, and all other persons or entities involved in the operation of the Site and Materials, Non-DocSpera Content and functionalities provided through the Site, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use such Materials and Non-DocSpera Content, and are acting on Your behalf in transmitting Patient Information.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL AND NON-DOCSPERA CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO DOCSPERA) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 9, THE TERM DOCSPERA INCLUDES its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, CONTRACTORS and agents.
THE MATERIALS, NON-DOCSPERA CONTENT AND THE SITE IS PROVIDED "AS IS" AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW DOCSPERA DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. DocSpera further does not warrant the accuracy or completeness of the Site, information, text, graphics, links or other items contained within these Materials. DocSpera may make changes to the Site, Materials, or to the services and/or products described therein, at any time without notice. DocSpera makes no commitment to update the Site or Materials. DOCSPERA DOES NOT WARRANT THAT THE MATERIALS, USER CONTENT, NON-DOCSPERA CONTENT, SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
IN NO EVENT SHALL DOCSPERA, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES), OR ANY DAMAGES, WHETHER DIRECT OR OTHERWISE, ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS OR NON-DOCSPERA CONTENT, OR (2) RELIANCE ON THE CONTENT, NON-DOCSPERA CONTENT, AND MATERIALS OR THE SITE, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, (5) THE COMPLIANCE WITH ANY LAW, RULE, REGULATION, LAW ENFORCEMENT, GOVERNMENT OFFICIALS OR LEGAL AUTHORITY OR THE LIKE, OR (6) ANY OTHER FAILURE TO PERFORM BY DOCSPERA OR DOCSPERA'S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER DOCSPERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOCSPERA ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, NON-DOCSPERA CONTENT OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, DOCSPERA SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND DOCSPERA AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00 USD. YOU AND DOCSPERA AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND DOCSPERA.
THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN DOCSPERA AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION ANY LINKED OR REFERENCED SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE TERMS OF THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
YOU ACKNOWLEDGE AND AGREE THAT DOCSPERA HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THE TERMS OF THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DOCSPERA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DOCSPERA. YOU ACKNOWLEDGE AND AGREE THAT DOCSPERA WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You agree to defend, indemnify and hold DocSpera, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including DocSpera's reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site or the Materials or Non-DocSpera Content, (3) the unauthorized or unlawful use of the Site by any other person using Your ID, (4) YOUR COMMUNICATIONS (AS DEFINED BELOW), INCLUDING DOCSPERA'S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR COMMUNICATION; (5) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY COMMUNICATION INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. DOCSPERA RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF DOCSPERA. DOCSPERA WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
General: Unless otherwise agreed in writing between You and DocSpera prior to Your submission, any material, information or other communication, including without limitation media, text, audio and video recordings, photos, graphics, commentary or any other content, You transmit or post to the Site ("Communications") will be considered non- confidential and non-proprietary and You irrevocably assign to DocSpera all rights to Your Communications. DocSpera will have no obligations with respect to the Communications. Additionally, the Site may now or in the future permit other users of the Site to post or link media, text, audio and video recordings, photos, graphics, commentary or any other content ("User Content," and together with Communications, "Non-DocSpera Content"), and to host and/or share such User Content. DocSpera does not control the Non-DocSpera Content posted by You or other users of the Site or otherwise made available by other persons and does not have any obligation to monitor such Non-DocSpera Content for any purpose. You agree that you must evaluate, and bear all risks associated with the use of any Non-DocSpera Content, including any reliance on the accuracy, completeness, usefulness, or legality of such Non-DocSpera Content. DocSpera makes no representations that Non-DocSpera Content will remain available via the Site in any way and may remove Non-DocSpera Content in its sole discretion. YOU UNDERSTAND THAT ANY INFORMATION AND/OR COMMUNICATION THAT YOU POST FOR VIEWING ON THE SITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SITE, AND DOCSPERA DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH INFORMATION AND/OR COMMUNICATION.
In connection with Communications, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize DocSpera to use, all patent, trademark, copyright, or other proprietary rights in and to any and all Communications to enable inclusion and use of Communications in the manner contemplated by DocSpera and the terms of this Agreement, and to grant the rights and license set forth in this Agreement, and (ii) your Communications, DocSpera's use of such Communications pursuant to the terms of this Agreement, and DocSpera's exercise of the license rights set forth in this Agreement, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
You agree that from time to time DocSpera may invite or otherwise make You aware of certain educational, promotional or financial opportunities relating to Your Communications and profile.
DocSpera hereby grants You a non-exclusive, non-transferable license to re-use or republish your own contributions made to the DocSpera Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to Your own contributions and does not grant You rights to republish the contributions or postings of other DocSpera members. DocSpera and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. DocSpera shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information.
DocSpera hereby notifies You that any or all Communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by DocSpera in its sole discretion and without further notice.
You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You are prohibited from revealing the name or other personally identifying information of any other DocSpera member unless that individual has previously revealed his or her own name or personally identifying information in that specific DocSpera post. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws.
You are reminded that DocSpera does not collect personal health information about individuals. To submit a post, You must provide and upload information to the DocSpera server. Within Your uploaded submission, DocSpera does not collect or maintain information that would associate this submission with a specific patient or individual. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule, which took effect on April 14, 2003, as amended, allows for the use of de-identified health information so long as identifiers have been "stripped" and a key is not disclosed that would allow the information to be re-identified. DocSpera does not possess a key to re- identify patient data.
Personal Profile: Once a registered participant, You may provide additional information in Your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile shall be available for viewing by other registered participants of DocSpera and will be considered non- confidential and non-proprietary. Providing additional information in Your personal profile beyond what is required at registration is entirely optional and can be altered or removed by You at any time.
Notwithstanding anything to the contrary, DocSpera may comply with local, state, federal, international and/or worldwide laws, rules, and regulations, and all law enforcement and government officials, legal authorities and the like.
Your correspondence or business dealings with, or participation in promotions of, advertisers and other users of the Site found on or through the Site are solely between you and such advertiser or user. YOU AGREE THAT DOCSPERA WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE SITE.
DocSpera may make changes to or discontinue any of the media, application, web communities, features, programs, products, or services available within the Site at any time, and without notice. The media, products, or services on the Site may be out of date, and DocSpera makes no commitment to update these materials on the Site.
DocSpera, other members of DocSpera or third parties may provide links on the Site to other sites including the content therein. The linked sites are not necessarily under the control of DocSpera and DocSpera is not responsible for nor does it make any certification, claim or representation regarding, and DocSpera expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of linked sites or content linked to by the Site. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. DocSpera reserves the right to terminate any link or linking program at any time. DocSpera has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and DocSpera shall not be responsible for notification of any change in name or location of any information of the Site. DocSpera reserves the right to request any web site administrator to disable or remove any link that violates any rights of DocSpera or causes interruption or deterioration of Materials provided by DocSpera. Failure to abide by this request shall be dealt with as provided in this section.
This Site is controlled by DocSpera from its office within the State of California. DocSpera makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, You and DocSpera agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
(a) Any dispute between DocSpera and You arising out of this Agreement or DocSpera's services shall be resolved first by direct communication with one or more of DocSpera's management team members. Should DocSpera and You be unable to resolve the dispute by communication and both You and DocSpera jointly agree to do so, DocSpera or You shall submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of DocSpera's headquarters and pursuant to California law provided that if a claim is for $10,000 or less, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The arbitrator shall fully implement the intent and purposes of this Agreement.
(b) Notwithstanding subsection (a), DocSpera and You both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of either party's right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
(c) Any arbitration between You and DocSpera will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting DocSpera.
(d) YOU AND DOCSPERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DocSpera agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
(e) If only Subsection (e) of this Section 18 or the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 17 shall govern any action arising out of or related to this Agreement.
Your right to access and use the Site and Materials immediately terminates without further notice upon Your breach of this Agreement. DocSpera may terminate this Agreement and/or Your right to use the Site and Materials at any time, with or without cause. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28 and 29 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. DocSpera reserves the right to discontinue or make changes to the Site and/or Materials at any time.
DocSpera may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without DocSpera's prior written permission. Any attempt by You to assign Your rights under this Agreement without DocSpera's permission shall be void.
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
DocSpera shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by DocSpera to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond DocSpera's control.
DocSpera may deliver notice to You under this Agreement by means of electronic mail, a general notice on https://www.docspera.com, or by written communication delivered by first class U.S. mail to Your address on record in DocSpera's account information. You may give notice to DocSpera at any time via electronic mail to firstname.lastname@example.org or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Compliant Innovations, Inc
150 West Iowa Ave
Sunnyvale CA 94086
If You object to any material found on this Site, please bring Your concerns to the attention of email@example.com. The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and it would be valid, operative and permitted in such circumstances.
You agree that no joint venture, relationship exists between you and DocSpera as a result of the terms of this Agreement or use of the Site. You further acknowledge that by submitting Communications, no confidential, fiduciary, contractually implied or other relationship is created between you and DocSpera other than pursuant to the terms of this Agreement.
(a) Notification of Infringement. It is DocSpera's policy to respond to clear notices of alleged copyright infringement. This Section explains the information that must be included in these notices, as required by the Digital Millennium Copyright Act ("DMCA"). Upon receipt of a DMCA compliant notice, DocSpera will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright such provision shall be reformed so that enforceable to the maximum extent partnership, employment, or agency owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice by providing DocSpera's Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DocSpera to locate the material.
(iv) Information reasonably sufficient to permit DocSpera to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.
Please note that DocSpera may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Lumen (formally "Chilling Effects" at https://www.lumendatabase.org) for publication.
(b) Counter-Notification. The administrator of an affected site or the provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(i) A physical or electronic signature of the subscriber.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which DocSpera may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
© Designated Copyright Agent. DocSpera's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
Address: Compliant Innovations, Inc, 150 West Iowa Ave. Sunnyvale CA 94086.
For clarity, only DMCA notices should go to the DocSpera Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to DocSpera customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
(d) Account Termination. In appropriate circumstances, DocSpera will promptly terminate, without notice, the accounts of those determined in our sole discretion to be "repeat infringers."
DocSpera reserves the right to make changes to this Agreement at any time without advance notice. DocSpera agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. You understand and agree that if you use the DocSpera services or access the Site after the date on which the amendment has been posted, You consent to such amendment.
Although the DocSpera website and mobile apps are HIPAA compliant, You must still comply with all applicable laws, rules and regulations, including those for institutions with whom You are associated.