TERMS AND CONDITIONS
We are a fee-for-service plan provider, in no way acting as, or affiliated with, an Insurance Company Provider. We are an Affiliation of Dentists and Physicians throughout the United States that offers discounts to Subscribers for our Services, exclusively for medical and dental treatment and Services provided by the Members of Doctors Network.Our Site does not provide medical advice.
This site is solely a fee-for-service plan provider, such Service being that the Subscriber pays a monthly subscription fee to receive discounts for procedures provided by Members of the Affiliation of the Subscriber’s choosing.
Members agree to accept Doctors Network stipulated discounts for their Services, provided that the Subscriber pays a monthly subscription fee to the Doctors Network.
We make no assessmentof the Subscriber’s health insurance or dental insurance plan, but we presume that the Subscriber believes she/he would benefit from paying for the Services provided by Doctors Network and the stated discounts for the procedures provided by our Members, in exchange for monthly subscription fees to the Member’s Affiliation.
We make no guaranteeregarding our Members and their professional qualifications, of the presentation of the office of professional practice, of the reliability and soundness of expertise, of the quality of work for any or certain procedures, or for any insurance coverage or benefit information used complementary with our Services, if such complementary use of insurance coverage for a dental or medical procedure is applicable. We do not represent the professional services or procedures of our Members and do not warranty the professional services or procedures provided by our Members.
We provide aschedule of feesfor Services to our Members. Fees per service are uniform for each Member, regardless of the Member whose services you–the Subscriber–chooses. However, we do not determine the discount fees you will pay for the Services of each Member, as these fees are set by the Member(s) of your choosing.
In no event shall we be liable to you or anyone else for any decision made or action taken by you in relying on your judgment for choosing a Dentist or Physician. Furthermore, we do not, in any way, endorse or recommend any specific individual listed, or made accessible through the Affiliation.
A confidential relationship will only be established (1) at such time as the patient chooses a Member of Doctors Network to provide Services, or (2) at such time as a Member of Doctors Network gains the full consent to register to our Services a patient with whom a doctor-patient relationship is already established. If a doctor-patient relationship is established in the latter case, the doctor who registered the patient is in no way responsible for the patient’s monthly payments for our Services or the subscription fee.
Subscribers are subscribing to the procedures and Services of one Member and/or any certain Members. Subscribers are paying a monthly subscription fee to Doctors Network, the Member’s Affiliation, for Member’s Services.
ANTI-REASSIGNMENT CLAUSE - SUBSCRIBERS
Subscribers are prohibited from transferring their rights under Contract, under which the discount service is provided to the person who registered or was registered for the Services of a Member. Subscribers are prohibited from using their discount Services for any other individual, immediate family member, or acquaintance for whom such Services are not under contract and were not intended to benefit.
Members are required to disclose that the patient whom they register is consenting to the use of the Services of the Doctors Network, and is not required to exclusively or loyally use the Services of the Member who is registering him or her to Doctors Network. Members are required to disclose that the fee set for the Subscriber is set solely by the Member and not determined by Doctors Network. Upon signature and acknowledgement of disclosure, neither Doctors Network nor Members who directly register their patients are held liable for the patient’s failure to research the Services of Doctors Network, or the patient’s failure to understand his or her right to use or terminate the Services and monthly subscription fee.
Though the Subscriber is paying a monthly subscription fee to use the discount service of a certain Member, the Subscriber may terminate his or her doctor-patient relationship with a Member without forfeiting or terminating his or her registration with Doctors Network. At any time the patient may terminate the doctor-patient relationship with a Member of Doctors Network and join the discount plan of another Member of Doctors Network. If a Subscriber so chooses, he or she may have multiple discount plans for multiple Members of Doctors Network, whether the Members chosen are both Physicians, Dentists, or one of either title of profession.
Potential Subscribers have the right to refuse to register with Doctors Network and have the right to research the Services of Doctors Network and its Members before subscribing.
We cannot guaranteewhen a Member will be available to provide Services. We recommend that you confirm a Member’s availability with the Member’s office.We strongly adviseyou to confirm a Member’s authority to practice in their field of medicine with the appropriate state licensing agencies, certification authorities, and medical board(s).
MEMBERS’ ACCESS TO SUBSCRIBER INFORMATION
DOCTORS NETWORK USE OF SUBSCRIBER EMAIL
Doctors Network will use Subscribers’ email addresses to notify them of any change, made by either Doctor’s Network, the Member, or the Subscriber. Notification will be sent to the Subscriber’s email address the 15th of March and/or the 15th of November.
SUBSCRIBER PERSONAL INFORMATION
Doctors Network is nota forum or means to ask the community, other Members, the Site operators, or doctors for medical advice.Doctors Network does notrepresent, endorse, guarantee, or warranty the professional advice you may receive from a Member before or upon establishment of a doctor-patient relationship.
By registering with us as a paying Subscriber:
You hereby confirmthat YOU FULLY UNDERSTAND THAT WE ARE NOT A HEALTH INSURANCE COMPANY, AND IN NO CAPACITY OPERATE AS APPO (PREFERRED PROVIDER ORGANIZATION), EPO (EXCLUSIVE PROVIDER ORGANIZATION), ORHMO (HEALTH MAINTENANCE ORGANIZATION), AND YOURPAID SUBSCRIPTION (HEREIN REFERRED TO AS “MONTHLY SUBSCRIPTION FEE”) IS IN NO WAY RELATED TO, OR PAID TOWARDS, YOUR HEALTH INSURANCE PROVIDER;
You hereby confirmthat YOU FULLY UNDERSTAND THAT WE DO NOT PROVIDE YOU COVERAGE FOR YOUR MEDICAL AND/OR DENTAL SERVICES;
You hereby confirmthat YOU HAVE BEEN FULLY INFORMED AND FULLY UNDERSTAND THAT WE ARE A FEE-FOR-SERVICE PLAN THAT, FOR A MONTHLY SUBSCRIPTION FEE PAID TO DOCTORS NETWORK, GIVE OUR SUBSCRIBERS DISCOUNTS PER PROCEDURAL SERVICE PROVIDED BY OUR MEMBERS.
Please note that we offer Services "AS IS" and with LIMITED warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, said action serves as representation that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf. Subscribers and Members are prohibited from reassigning or transferring their rights and responsibilities under Contract to any other individual, family member, Subscriber, or Member for whom such Services named herein are not under Contract and were not intended to benefit.
CHOOSING YOUR MEMBER/DENTIST/PHYSICIAN
You are responsible for choosing the Member under Doctors Network that you would like to contact. We provide a list of our Physicians and Dentists and related plans and discounts so that you may choose which the Member that best suits you.
MONTHLY SUBSCRIPTION FEE COST
Monthly subscription fees are paid to the Member through the payment services of Doctors Network. Payment of the monthly subscription fee outside of the Site is prohibited, and is neither insured nor protected as it cannot be verified nor monitored.
Doctors Network provides service schedule fees to its Members by which all Members will abide and apply without prejudice to the Subscribers. Amonthly subscription feepayment is not refundable for the month in which you did not receive treatment. If Subscribers choose multiple Members, either Physician or Dentist, the Subscriber will be responsible for any additional costs per Member.
Registration constitutes the creation of an account with Doctors Network. You will berequired to provideyour name, email address, and a password no less than 8-digits upon registration. These are your private credentials to access your personal account. You should keep your credentials private and not share them with anyone else. You must notify us immediately if your password has been stolen, or you have reason to believe that the security of your account has been compromised.
After registering, Subscribers are permitted to browse the Site to choose a Member(s). Subscribers may choose multiple Members per plan. Upon choosing your preferred Member(s) you will be required to provide a debit card, or bank account information, from which the monthly subscription fee and/or the one-time activation fee will be automatically withdrawn or paid. At the time of choosing your preferred Member(s) and commencing the respective monthly subscription fee, your account will be active to provide coverage for each Member(s) Services.
Subscribers may only register one bank account to their Doctors Network account, regardless of how many Members’ Services they are using.Please be awarethat a registration is not to the Member(s) you choose, but to Doctors Network. If you terminate a doctor patient relationship with a certain Member, your account will not be deleted, but your service will be canceled and any monthly subscription fee payment started thereafter, for either another Member or the same, constitutes the commencement of a new monthly subscription fee payment arrangement. During a time which you are not using the Service of any Member,your account will be deactivated. You will be allowed to reactivate the account with a Member(s) Service at any time, provided that no outstanding fees are due.
A monthly subscription fee payment arrangement is made for each MEMBER with whom you establish a doctor-patient relationship.
SUBSCRIBER ACCOUNT ACTIVATION
As a new member, your account will beactivated immediately upon payment of the initial monthly subscription fee (herein referred to as “Registration Payment”), a subscription fee of $4.99 to Doctors Network, and payment of your one-time activation fee equal to the monthly fee of the selected doctor. The one-time activation fee equal to the monthly fee of the selected doctor is payable to Doctors Network.
Your discounted service for each Member commences the first of the following month that payment was received if the registration is completed on or before the 15th of the month. Otherwise, it will commence on the 1st of the following month. For example, if the registration is completed on the 15th of July, the plan will be active on the 1st of August, but if it is completed on the 16th of July, the plan will be active on the 1st of September.
Subscribers pay a monthly fee (“Subscription Fee”) of $4.99 to Doctors Network, the Affiliation. Choice of plan or Members does not affect the monthly subscription fee of $4.99.
The subscription fee or payment of subscription fee to Doctors Network does not constitute a payment of your monthly subscription fee payment. The Subscriber is responsible for the monthly subscription fee payment for the Member to Doctors Network, a monthly subscription fee of $4.99, per dental and/or medical plan to Doctors Network, a one-time activation fee equal to the monthly fee of the selected doctor, and applicable taxes.
A one-time activation fee, equal to the monthly fee of the selected doctor, applies to each new Subscriber/registrant and each new subscription.
SERVICE COMMENCEMENT AND SERVICE CYCLE
Service for the Subscriber, meaning access to the benefits of the monthly subscription fee payment plan for Members of Doctors Network, will begin the 1st of every month.
Payments are due by the 20thof every month for the following month’s service. The payment will be automatically charged to the bank account of your preference on the 20thof the month. There will be a $25 late fee (“Late Fee”) for any payment received after the 20th of the month. If we do not receive the payment by the 25thof the month for the following month of service, an additional $25 in service fees (“Service Fee”), in addition to the Late Fee, will be added to the next month’s billing cycle, to be paid on the 20thof the following month. Payments of the Service Fee and the Late Fee, together with the regular monthly subscription fee payment, subscription fees, and applicable taxes shall re-activate your account and prevent termination. If the late monthly subscription fee payment, subscription fees, Service Fee, and Late Fee are not received by the 20thof the month, along with your regular monthly subscription fee payment, the account will be terminated.
Subscribers may modify their plan upon notification of the service schedule feechanges, which will be made between March 1st and March 15th or November 1st and November 15th. Further details can be found under“Service Schedule Fees and Monthly Subscription Fees”below.
After a Subscriber's first visit to a Member, the Subscriber must submit their feedback to Doctors Network. If a Subscriber fails to submit their feedback to Doctor’s Network, the Subscriber’s use of the site will be limited to the feedback section until such time as the Subscriber submits their feedback.
SUBSCRIBERS’ PAYMENT AND REGISTRATION DEADLINE
Subscribers are expected to makemonthly subscription fee payments per Member for each Member(s) Services and discounts.
Payments are made on the 20th of each month for the following month of Service. Service starts the 1stof the month following your payment. (e. g., the monthly subscription fee payment for the month of April, starting April 1st, is withdrawn on the 20th of March.)
Subscribers must register before the 15th in order for the registration payment to be made on the 20thof that month for the following month. If the Subscriber registers with a Member(s) after the 15th of the month, the registration payment will be made on the 20th of the following month.
The monthly subscription fee to Doctors Network, with applicable taxes, will be applied to theinitial registration payments for each plan.
Subscribers must pay an additional fee for any Services that require the Services of a laboratory or specialist not with the Doctors Network, within a 5-mile radius of the Subscriber’s residence.
DEACTIVATION, SUSPENSION, AND TERMINATION
You may choose todelete or deactivate your account at any time if you choose to discontinue use of our Services.
Doctors Network and the Site reserve the right to terminate and/or suspend your registration immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your credentials.
We may suspend your accountif payment is missed or if the monthly subscription fee payment is rejected, for any reason. There will be a $25 late fee (“Late Fee”) for any payment received after the 20th of the month.
If we do not receive the payment by the 25thof the month, for the following month of service, a $25 service fee (“Service Fee”), in addition to the Late Fee, will be added to the next month’s billing cycle, to be paid on the 20thfor the following month. Payments of the Service Fee and the Late Fee, together with the regular monthly subscription fee payment, subscription fees, and applicable taxes, shallunsuspend your account and prevent termination.
If the late monthly subscription fee payment, Service Fee, Late Fee, subscription fees, and applicable taxes are not received by the 20thof the month with your regular monthly subscription fee payment, the account will be terminated. Any appointments scheduled for any day during the month for which your payment has not been receivedwill be canceled. Your account will bereinstatedonce you have paid the missed payment, Service Fee, Late Fee, and subscription fee, as specified in“Service Commencement and Service Cycle.”
We reserve the right totemporarily suspendyour account if your monthly subscription fee payment is rejected for any reason. The account will be temporarily suspended until the Service Fee, Late Fee, and monthly subscription fee payment are received.
We mayterminate your accountif you fail to make two payments in a row. We may also terminate your monthly subscription fee payments and other related fees. Doctors Network shall not be liable to you or any third party for any termination of your access to the Site and/or the Services.
If youterminate a doctor-patient relationshipwith a certain Member, your account will not be terminated, but your Service to the Member will be canceled. Any monthly subscription fee payment made thereafter, for either another Member or the same Member, constitutes the commencement of a new monthly subscription fee payment arrangement. During a time which you are not using the service of any Member, your accountwill be deactivatedand you will be allowed to reactivate the account with a Member(s) Service. You will not be subject to the three-month waiting period, or waiver fee, for any new Member(s) to whom you subscribe if you terminate your doctor-patient relationship with any or all of the original Member(s) upon first-time registration.
PROCEDURE FOR SUBSCRIBERS’ TERMINATION OF THEIR ACCOUNT
A Subscriber must contact Doctors Network Customer Service toterminate their accountor the Services of a certain Member. Subscribers will be requested to provide feedback on the reason for their termination, but Subscribers may terminate their account or Services of a certain Member without providing a reason. Termination of an account or Services of a Member shall be effective as of the date of the notice of termination.
Members will be notified by Doctors Network of a Subscriber’s account termination or termination of a Member’s Services.Termination of the Services is effective as of the date of the notice of termination. Refer to“Procedure for Members Termination of Services to Subscribers” for procedure for Members who terminate their Services. Refer to“Refund” for information onrefunds for termination by Members and Subscribers.
No refundsshall be provided for the appropriate application of the following fees: activation fees, Late Fees, Service Fees, subscription fees, or applicable taxes.
If you do not use your service for any period of time that you have paid your monthly subscription fee, you are not entitled to a refund. If, for any reason, including being dissatisfied with a Member of your choice for whose discounted Services you made monthly subscription fee payments, you would like to cancel your subscription to that certain Member(s), you are not entitled to a refund for fees paid in prior months and no refund will be paid to you.
Subscribers areentitled to a refundif your Physician or Dentist refuses to provide service, terminates his Services to you, or fails to provide service during an appointment. Your refund will be prorated for the month in which service was to be provided.
Subscribers shall receive aprorated refundin the event Doctors Network suspends or terminates the affiliation of a Member to whom a Subscriber is subscribed to for services. Refunds concerning a Member’s suspension or termination will be effective as of the date of such Notice by Doctors Network.
If the cancellation is not done by the 15th of the month, a payment will be withdrawn on the 20th, and the coverage will be effective for the following month, butno refunds will be made.
LIMITATIONS OF CLAIMS
Anyclaimfor a refund of the last registration or monthly subscription fee payment to a certain Member(s) cannot be made after more than one year after the account was terminated during the termination period set forth for either instance in the above“Refunds” portion of the Terms and Conditions.
Anyclaimfor a refund of any payment or fees that a Subscriber believes was not properly charged to the Subscriber’s bank account must be made within one year after the Subscriber’s bank account was charged.
DOCTORS NETWORK PROMISED RESTORATIVE PROCEDURE SERVICE WARRANTY
All restorative procedures performed within the comfort and expertise of our Dentist Members, who have performed restorative dental work on a Subscriber/patient, are protected by a one-year satisfaction warranty (“Service Warranty”). ThisService Warrantyonly protects correction to restorative procedures that are not due to the negligence of the patient.
Members reserve the right to determine, after their own examination and judgment, the cause of any destruction or deterioration to their work. Members reserve the right after such examination and judgment of such cause to determine if the Service Warranty is applicable. If Members determine any destruction or deterioration to their work is at the negligence of the patient, Members reserve the right to charge an out-of-pocket cost to correct their work. Payment of the out-of-pocket cost is due prior to the start of treatment by the Member.
If Members determine negligence is not the cause of destruction to their work, Members are prohibited from charging to correct a restorative procedure within one year of the corrective procedure in question. If a procedure occurred over the course of multiple visits, the one-year warranty is honorable as of the final visit for the procedure.
SUBSCRIBERS’ RIGHT TO NOTICE
Subscribers have a right to be notified of the suspension or termination of their Member’s affiliation to Doctors Network. Therefore, Doctors Network shall notify Subscribers of the suspension or termination of affiliation of the Member to whom they are subscribed. Subscribers may request information regarding the basis for their Member’s suspension and/or termination.
Doctors Network and the Site reserve the right to make changes to our Services, substitute Services, or offer discounted rates for using multiple Members, upon Agreement between the Network and its Members. Information about the new Services will be included in the Services, and the use of new Services will be governed by this Agreement. Subscribers agree that Doctors Network will not be liable to Subscribers, or any third party, for any suspension or discontinuation of any of the Services or portion thereof.
INQUIRY AND CONFLICT PROCESS
In the event a Subscriber has a question or would like to discuss any issues, the Subscriber should contact Customer Support at (866) 800-3168. Customer Support is available to assist with matters related to fee disputes between Subscribers and Members, as well as other issues between Subscribers and Members.
All inquiries and conflict mattersmust be submittedto Doctor’s Network within sixty (60) days of the occurrence of the event. Doctors Network will not assist with, or be involved in any manner with, matters related to medical procedures provided by a Member to a Subscriber. All disputes related to medical procedures should be directed to the appropriate governing body of the State of New York and/or the New York State Attorney General’s office.
RESPONSIBILITY OF MEMBERS
Members will not use our Services: (1) to view, access, or otherwise use, directly or indirectly, price, availability, or other content for any purpose other than your own personal use as a patient or prospective patient, (2) to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any Service offered; or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation, or (3) to engage, directly or indirectly, in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations. Members who invite subscribers to Doctors Network are obligated to provide disclosure of the terms set forth herein.
Doctors Network providesservice schedule feesto its Members by which all Members will abide and apply without prejudice to the Subscribers.
Members agreeto honor the service schedule fees, and agree to implement the same and identical service schedule fee set by Doctors Network for all its Members. Memberswill not usethe Affiliation to conduct side deals or charge additional fees for the Services provided by all Members of Doctors Network or to any patient.
Members agreeto receive monthly subscription fee payments through the Affiliation and the Site for purposes of the customer’s security and insurance. Members reserve the right to charge an out-of-pocket cost to patients if correction for a restorative procedure is needed due to the negligence of the patient. The payment of the out-of-pocket cost is due prior to the start of treatment by the Member.
In order for a procedure to qualify for the reduced fee as contracted by Doctor’s Network, the patient must be a Subscriber in good standing with Doctors Network from the start of the procedure through the end of the procedure. In the event a Subscriber terminates the treatment and cancels their plan with Doctor’s Network, the Subscriber shall not be responsible for the balance of the fee for any services that were not provided.
Members agreethat the same Services provided under the comfort and expertise of the Member will be offered to the Doctors Network Subscribers/patients as to patients of the Member who are not Subscribers to Doctors Network.
Members agreethat for the protection and security of the Subscriber/patient, all monthly subscription fee payments will be paid to the Member and received by the Member through the Affiliation. Members agree not to mislead or deceive Subscribers regarding the service schedule fees, nor fabricate or alter the service schedule fees, if the Subscriber should request the schedule from the Member.
Members agreeto not mislead or deceive Subscribers regarding the applicability of the Service Warranty to their restorative procedures. Members agree to provide the same Services to their patients.
Doctors Networkis not liablefor a Member’s failure to disclose the terms set forth in the Agreement, nor is Doctors Network liable for a Member’s miscommunication of the service schedule fees, or their breach of these terms regarding the scheduled Service Fees in this Agreement.
MEMBERS’ NON-SOLICITATION PROMISE
Members are prohibited from using Doctors Network, its Services or name, to solicit clients without the involvement of the Affiliation and its Services to Members and Subscribers. Members are prohibited from using our Services and/or discount plans to identify Subscribers or to negotiate exclusively and directly with Subscribers regarding their payment of monthly subscription fees.
PROCEDURE TO BECOME A MEMBER OF THE AFFILIATION
Physicians must have requisite licensure, and a minimum liability insurance policy, which shall be determined by Doctors Network. Physicians may apply for membership with Doctors Network by contacting Customer Service for full membership procedures and policies.
Submitting an application for membership does not guarantee membership. Doctors Network reserves the right to accept or reject a prospective Member’s application based on policies and procedures of Doctor’s Network, including, but not limited to, Subscriber safety.
Upon joining the Affiliation,Members are requiredto show proof of requisite licensure for their field of practice. Members are required to comply with their State regulations for medical licensure renewal.
Membersmust informthe Affiliation, Doctors Network, of their licensure renewal by appropriate notice herein prescribed.
Membersmust informthe Affiliation of any disciplinary actions taken against them by their State Board, including but not limited to suspension, non-renewal, revocation, or termination of licensure.
All submissions regarding licensure renewal, or disciplinary actions, shall include proof of renewal and/or disciplinary Notices and/or Orders. Members should immediately advise the Affiliation of any and all final decisions regarding disciplinary actions taken against them.
The Affiliation reserves theright to suspendthe Member’s affiliation with Doctors Network based on disciplinary action taken against the Member by any, and all, state or professional governing body. Refer to the“Refunds” provisions for Subscribers and“Members Suspension”provision regarding refunds and Members responsibility during a Member’s suspension.
MEMBERS’ LIABILITY COVERAGE
Members shall maintain a general liability and malpractice insurance policy in a minimum amount of $500,000.00 to $1,500,000.00for the entire period of their affiliation with Doctor’s Network. Members shall provide proof of their insurance coverage in order to be eligible for membership with Doctors Network.
PAYMENT TO MEMBERS OF THE AFFILIATION
Members will receive one payment for all the monthly subscription fees on the 5th of the following month, to which the monthly subscription fee payment, paid by the Subscriber, is applied. For purposes of customer security, payments to the Member are only processed through the Affiliation to a financial institution of the Members choosing.
The method of invitation by the Member to Doctors Network, whether in person or electronically, can be determined at the discretion of the Member, provided that the Member presents the disclosure form and access to Doctors Network information.
SERVICE SCHEDULE FEES AND MONTHLY SUBSCRIPTION FEES
All Members will follow the same service schedule fees set forth by Doctors Network. Members set their own fees per Subscriber/patient. Members will not charge their patients different fees for the same procedures, as such deviates from the service schedule fees and violates this Agreement.
Monthlysubscription feesare paid through the Affiliation and the Site to the Member. Refunds to the Subscriber, if any, are deducted from the Member’s payment.Refundsto the Subscriber will be prorated for the month in which Service was refused to a patient or a procedure was not provided or completed.
Doctors Network reserves the right to change the service schedule fees and apply such changes to the Subscribers on the following month of monthly subscription fee payments. Changes to service schedule fees can be made at the discretion of Doctors Network between March 1st and March 15th and November 1st and November 15th. Doctors Network will notify Members and Subscribers by email of the service schedule fees changes. Members are allowed two weeks, or until the end of the month for service schedule fee changes.
DOCTORS NETWORK WAIVER OF GUARANTEE OF SUBSCRIBER MONTHLY SUBSCRIPTION FEE PAYMENT
Doctors Networkdoes not guaranteethat Subscribers will pay their monthly subscription fee. Doctors Network will, however, use its best efforts to pursue compliance with its Agreements by Subscribers in order to collect timely payments from Subscribers, and/or to rectify late payments and penalties.
MEMBERS’ SUSPENSION AND SERVICES
If Doctors Networksuspends and/orterminatesa Member’s affiliation to Doctors Network, Members are prohibited from servicing a Subscriber, effective immediately upon receipt of notice of such decision by Doctors Network.
Doctors Network shall notify Subscribers of the suspension and/or termination of a Member to whom they are subscribed. Doctors Network may inform Subscribers, if requested, for the basis of a Member’s suspension and/or termination.
ANTI-REASSIGNMENT CLAUSE – MEMBERS
Members are prohibited from transferring their responsibilities to a Subscriber who registered for their Services, to any other Member of the Affiliation, or any person not affiliated with Doctors Network. Members are further prohibited, under the anti-reassignment clause, from transferring confidential Subscriber information to any other Member or non-Member without the express written consent of Doctors Network and/or a Subscriber.
PROCEDURE FOR MEMBERS’ TERMINATION OF SERVICES TO SUBSCRIBERS
Members may terminate their Services to Subscribers by notifying Customer Service. Members must provide feedback explaining the reason they are requesting termination of their Services to a Subscriber.
Doctors Network shall notify the Subscriber if a Member chooses to terminate their Services. Termination of Services is effective as of the date of the notice of termination. Subscribers may request a reason for a Member’s termination of Services. Refer to“Refunds” for information regarding refunds upon termination by a Member.
WAIVE TRIAL BY JURY
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of all 50 states as applied to contracts made, and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute.
As the Subscriber or Member,you agreethat all disputes between you and us (whether or not such dispute involves a third party), with regard to your relationship with us, including without limitation, disputes related to this agreement, your use of our Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes; and, you and we hereby expresslywaive trial by jury.
WAIVE CLASS ACTION AND EXTERNAL PRIVATE CLAIMS
Neither you, as the Subscriber or Member, nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate.You are waivingthe ability to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
You also agreenot to participate in claims brought forth by a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms and Conditions.
CHANGES TO THESE TERMS AND CONDITIONS
LINKS TO OTHER SITES
The Services may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only, as the Subscriber or Member, andwe do not endorsethese sites or the products or services they provide. You acknowledge and agree thatwe are not responsible or liable for the content or accuracy of other websites.
Doctors Network reserves the right to provisionally add terms (including, without limitation, policies, guidelines, and rules) that will further govern your use of our Services and supplement this Agreement and your confirmation of understanding of our Services. By using our Services,you agree to complywith any such additional terms, which are incorporated by reference into this Agreement.
MEMBERS’ AND SUBSCRIBERS’ USE OF CONTENT
All of the Content is owned by us or our licensors and is protected bycopyright, trademark, patent,and trade secret laws, otherproprietary rights, andinternational treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Doctors Network proprietary information.
We give you permission to use the aforementioned content for personal, non-commercial purposes only, and do not transfer any intellectual property rights to you by virtue of permitting your use of these Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose, whatsoever. Except as expressly and unambiguously provided herein, neither Doctors Network nor its suppliers grant you any express or implied rights. All rights in the Site and the Services, not expressly granted by Doctors Network to you, are retained by Doctors Network.
GENERAL LIMITATION OF LIABILITY
As a Subscriber, your sole and exclusive remedy for any dispute with us is the cancellation of your registration.In no event shall our total cumulativeliability to you, for any and all claims relating to or arising out of your use of the Services or the site, regardless of the form of action, exceed the greater of: (a) the registration payment, if you decide to terminate the Service before the 15thof the previous month for which the registration payment applied; or (b) the last payment made towards a monthly subscription fee payment plan to a Member, before the 15th of the previous month to which such payment applied.We are not liablefor any claims arising out of your use of our transaction processing Services, including transaction processing fees remitted to or retained by Doctors Network at any point after your registration and/or during the commencement of our Services to you.
In no eventshall we be liableto you, the Subscriber, (or to any third party claiming under or through you) for any indirect, special, incidental, consequential, or exemplary damages arising from your use of, or inability to use, the Site and/or the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of healthcare providers who are Members of Doctors Network, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions,our liability shall be limited in accordance herein to the maximum extent permitted by law.
In no event shall we be liable to you, the Member, (or to any third party claiming under or through you) for any damages arising from your use of, or inability to use, the Site and/or the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited in accordance herein to the maximum extent permitted by law.
If you are a California resident, as aSubscriber or Member, you waive your rightswith respect to California civil code section 1542, which says "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
DISCLAIMER OF WARRANTIES
Doctors Networkdoes not have a fiduciary responsibilityto the Subscriber, and not does accept responsibility for any of the following: which users gain access to our Services and Site; what content you access via our Services and Site; how you may interpret or use the content of our Site and Services; or what actions you may take as a result of having been exposed to the content of our Site and Services, or the advice or treatment provided by Members of the Affiliation. You release usfrom all liabilityfor you having acquired, or not acquired, content through our Services and Site. We make no representations concerning any content contained in, or accessed by Members of the Affiliation, our Services and the Site, and we will not be responsible or liable for the accuracy, or copyright compliance.
We makeno representations or warrantiesregarding suggestions or recommendations of Services or products offered or purchased through the Site and/or the Services. We provide the Site and our Services “as is,” “with all faults,” and “as available,” with the limitation of warranty hereto expressed in“Limitation of Claims.” We makeno other express or implied warranties or guaranteesabout our Services, including our procedure regarding suspension or termination of any of the following: an account of a Subscriber by Doctors Network; a subscription by a Subscriber to a Member; a subscription by a Member for a Subscriber; or a Member’s Affiliation. To the maximum extent permitted by law, we herebydisclaim all such warrantiesnot herein expressed as available, including all statutory warranties, with respect to our Services and Site, including, without limitation, any warranties that our Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing.
We do not guaranteethat the results that may be obtained from the use of the Members of the Affiliation will be effective, reliable, accurate, or will meet your requirements. Except as expressly set forth herein, Doctors Network makesno warrantiesabout the information systems, software, and functions made accessible through the Services, or any other security associated with the transmission of sensitive information. Doctors Networkdoes not warrantthat our Site or Transaction Processing Services will operate error-free, bug-free, or free from defects, or that loss of data will not occur, or that our Services, software or Site are free of computer viruses, contaminants, or other harmful items.
We do not guaranteethat you will be able to access or use our Services (either directly or through third-party networks) at times or locations of your choosing.We are not responsiblefor the accuracy, reliability, timeliness, or completeness of information provided by users of the Services or any other data or information provided or received through the Services.
Discrimination or harassment against any person affiliated with Doctors Network (i.e., Members, Subscribers, employees) because of age, national origin, race, disability, gender, gender identity and/or expression, marital or parental status, pregnancy, religion, sexual orientation, veteran's status or any other categories protected by federal or state law,is prohibited and will not be tolerated.