Introduction
Welcome to Docupdate, a network built to help physicians engage with pharma. By registering as a Docupdate member or otherwise accessing or using https://www.docupdate.io/ (our “Website”) or mobile applications, including any related services (collectively the “Service” or “Services”),whether as a registered member or an unregistered visitor, you are entering into a legally binding contract with Docupdate. (“Docupdate,” “we,” “us,” or “our”). The following Terms of Service (these “Terms”) govern your access to and use of the Service.
By accessing the Service, you acknowledge that you have read and understand these Terms, and that you agree to be bound them. If you do not agree to be bound by these Terms, do not access the Service.
Accessing The Services
We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to the Services.
The Docupdate Service
Eligibility and Prohibited Activities
By accessing the Service, you agree you are currently 18 years of age or older and a United States physician, medical student, or other healthcare professional. You also agree that any information you provide to using connection with your account registration is accurate and complete, and that Docupdate may use such information to provide the Service. Docupdate is a United States company. Your information is stored within the United States. The Services are designed specifically for users in the United States. We do not target users in other jurisdictions, and we make no claims that the Service or any associated content is appropriate for users outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
• In any way that violates any federal, state or local law or regulation or professional rule applicable to you and your use of the Services including, without limitation, those relating to patient privacy, medical care and treatment including the Health Insurance Portability and Accountability Act (“HIPAA”), physician self-referrals (the Stark law), or faxes or text messaging (the Telephone Consumer Protection Act).
• In any way that violates or conflicts with any agreement to which you are a party, including any agreement with your employer.
• To impersonate another person, or misrepresent your identity or affiliation with any person or entity (e.g., by using an email address or username that misrepresents your affiliation).
• In any manner that could disable, overburden, damage, or impair any component of the Service.
• To transmit any advertising or promotional materials without our prior written consent, including any "junk mail" or "junk faxes," "bulk mail" or "bulk faxes," "chain letters," "spam," or any other similar solicitation.
• To engage in any other conduct that inhibits anyone's use or enjoyment of the Service or which, as determined by us, may harm Docupdate or users of the Service.
Additionally, you agree not to:
• Re-use or re-publish any content made available through the Service including, without limitation, content posted by other Docupdate users, without the express written permission of Docupdate or such user, as applicable.
• Copy any of the material made available through the Service for commercial purposes, including through the scraping of content.
• Attempt to obtain unauthorized access to or interfere with the Service, any Docupdate computer system, software or network, including through reverse engineering, decompiling, deriving source code or uploading malicious code or code snippets.
• Tamper with, breach or attempt to probe, scan, or test for vulnerabilities in the Service or Docupdate computer systems, network, security elements, or any other protective measures associated with the Service.
• Use any software, devices, scripts, robots or any other means or process to view, access or “scrape” the Service or otherwise copy information from the Service, or to transmit any communications using the Service including, without limitation, faxes or member messages.
• Reproduce or redistribute content provided through the Services, including through “framing” or “mirroring” or through third parties, without Docupdate consent.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
• Monitor the availability, performance or functionality of any of the Services for any competitive purpose.
• Deep-link to any of our websites (i.e., linking to a Docupdate web page other than the Docupdate home page) unless solely to promote your profile or practice on the Service, or as otherwise expressly approved by Docupdate in writing on a case-by-case basis.
• Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context, unless expressly approved by Docupdate in writing.
• Introduce into the Service any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Otherwise attempt to interfere with the proper working of the Service, or any portion thereof.
Use of the Service
The Service is intended for use by healthcare professionals. The information made available through the Service is provided for informational purposes only and is not intended as a substitute for your professional judgment as a healthcare professional when diagnosing or treating patients. You are solely responsible for evaluating the information obtained through the Service and for your decision to use such information in connection with your treatment decisions and otherwise. Your use of the information obtained through the Service is solely at your own risk, and you agree that Docupdate and its licensors are not responsible or liable for any claim, loss, or damage arising from your use of such information. Docupdate does not recommend or endorse any specific drugs, tests, healthcare providers, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned in the Service, and we assume no responsibility for such information. If you are an employee, contractor, or other workforce member of an enterprise with whom Docupdate has executed an enterprise agreement intended to cover use by the enterprise’s workforce of a particular paid Service (an “Enterprise Agreement”), as specified therein, then to the extent of a conflict between a term of the Enterprise Agreement and these Terms, the Enterprise Agreement will govern your use of the paid Service.
Service Availability
We make reasonable efforts to keep all of the Services fully operational, however we may encounter technical difficulties or engage in maintenance or updates to the Services that may cause temporary interruptions. We reserve the right, at any time, to modify, suspend or discontinue any Service or functions and features of a Service, without liability to you, except that if we discontinue a Service for which you have purchased a subscription, we will give you a prorated refund of your subscription fees. You understand and agree that Docupdate has no obligation to provide any specific content through the Service and Docupdate may, from time to time, remove any content without notice, in our sole discretion.
Your Docupdate Account
You agree to: (1) choose a strong password, and keep it secure and confidential; (2) not permit others to use your login credentials to access your Docupdate account; and (3) refrain from accessing another Docupdate member’s account. You agree you are solely responsible for your account. If you believe there has been unauthorized access to your account, you must change your username and password and notify us immediately. To close your account, please contact us at support@docupdate.io. As between you and others (including your employer), your account belongs to you. However, if you use a paid version of Service pursuant to an Enterprise Agreement, as described above, that enterprise will have the right to control access to and obtain reports on your use of the paid Service.
Your Docupdate account may be used to send you messages through SMS for any content from our company. You can unsubscribe from this service at any time. When a message is sent, replying “not relevant” will stop further messages from that service but you may receive messages from other Docupdate services. By using the Service, you acknowledge and agree that you have the right to request the deactivation of your account at any time. In the event of deactivation, your personal information will be securely stored in accordance with our data retention policy. However, you will no longer receive any communication from us nor be contacted by the Service. Should you wish to reactivate your account in the future, you will always have the opportunity to do so via the Service.
Privacy
The Docupdate Privacy Policy explains how we collect, use and share personal information in connection with your use of the Service. We encourage you to read our Privacy Policy carefully because by accessing and using the Service in any way, you consent to the handling of your personal information as described in the Docupdate Privacy Policy. Note that we may update our Privacy Policy from time to time, as described therein.
Third Party Sites
The Service includes links to third party web sites ("Third Party Sites"), provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of Third Party Sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You are responsible for evaluating whether you want to access or use a Third Party Site, and agree and understand that our inclusion of a link to a Third Party Site in no way constitutes our affiliation with or endorsement of such site or its content. Third Party Sites are governed by their respective terms of service and privacy policies, and we encourage you to review the terms and policies of any Third Party Site before using it.
Ownership And Licenses
Proprietary Rights
Our Services and their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Docupdate, its licensors, or other providers of such materials, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The name Docupdate, the Docupdate logo and other Docupdate logos and product and service names are the exclusive trademarks of, and are owned by, Docupdate, and you may not use or display such trademarks in any manner without Docupdate prior written permission. Any third party trademarks or service marks displayed on the Services are the property of the irrespective owners. Your use of the Services grants you no right to reproduce, license or otherwise use any such trademarks, logos or other proprietary marks.
License to Use the Services
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access the Service for your personal, non-commercial use, unless otherwise agreed by Docupdate, and only as permitted by the features of the Service. Any other use of the Service is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights in the Service, including any content made available through the Service, and our consent to your use of the Service does not impair those rights in any way. For the avoidance of doubt, you are not granted a right to re-use or re-publish any content made available through the Service including, without limitation without the express written permission of Docupdate or such user, as applicable.
Your License to Docupdate
Unless otherwise agreed by you and Docupdate, any original content you submit to Docupdate remains your property, and you may choose to make it available to others. By posting, uploading or otherwise submitting content and other information to the Service or to Docupdate, you grant Docupdate a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free, fully-paid up license to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, process, analyze, index, tag, use and commercialize such content and other information in any media, form or format now known or hereafter developed, in any manner that is consistent with the Docupdate Privacy Policy and applicable law. By submitting ideas, suggestions, or other feedback to Docupdate, you agree that we can use, share and commercialize such feedback for any purpose without restriction and without any obligation to make any compensation to you.
Termination of Your Account
You may terminate your Docupdate account at any time by contacting support@docupdate.io. We reserve the right to monitor your use of the Services and to suspend or terminate your use of the Services without notice if we determine that you have breached these Terms. In no event will Docupdate be liable for suspension or termination of your use of any of the Services. All sections of these Terms that by their nature should survive termination shall survive termination, including without limitation, Privacy, Ownership and Licenses, Disclaimer of Warranty; Limitation of Liability, Indemnity, Choice of Law; Dispute Resolution, and Additional Terms.
Reliance On Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Docupdate, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Docupdate. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer Of Warranty
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY SERVICES LINKED TO THEM.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DOCUPDATE NOR ANY PERSON ASSOCIATED WITH DOCUPDATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER DOCUPDATE NOR ANYONE ASSOCIATED WITH DOCUPDATE REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, DOCUPDATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DOCUPDATE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Docupdate, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to any use of the Services' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Docupdate’s discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law.
Changes To The Services
We may update the content on the Services time to time, but their content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Linking To The Services
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
Waiver and Severability
No waiver by Docupdate of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Docupdate to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Docupdate regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Contact
This website is operated by Docupdate. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@docupdate.io.