Terms of Use

Home
Terms of Use

Terms of use

Dated as of December 20, 2023.

The following terms and conditions (the “Terms of Use” ) govern your (“You” “Your”) use of the MYiDocUSA website at www.myidocusa.com, any mobile device application and any other technology platforms and resources (collectively, “Sites”) provided by MYiDocUSA, LLC (“MYiDocUSA”). These Terms of Use also govern Your access to and use of the Services (defined below) furnished by the Practice (defined below) and its Providers (defined below). You, MYiDocUSA and the Practice may be referred to herein individually as a “Party” and collectively as the “Parties.”

Please do not access or use the Sites or the Services if you do not agree to these Terms of Use and do not agree to the Terms of Use unless you both fully understand and accept each provision. By accessing, using or continuing to access and/or use the Sites and/or the Services, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms of Use.

1. General Terms

MYiDocUSA provides certain non-clinical administrative services and licenses technology to ZahRaza Oncology Associates, PLLC (the “Practice”) and the Practice’s engaged healthcare providers (“Providers”). The Practice and its Providers use the Sites to assist them in providing their patients various health care services through the use of telehealth technology (collectively, “Services”). MYiDocUSA does not diagnose or treat any medical condition, provide any healthcare service, or assert any influence over the Practice or its Providers.

To the extent that any content of or obtained through the Sites is in conflict or inconsistent with these Terms of Use, these Terms of Use shall control. Any express waiver or failure to exercise promptly any right under these Terms of Use by MYiDocUSA or the Practice will not create a continuing waiver or apply to any future non-compliance. If any provision of these Terms of Use is held invalid under applicable laws or by any court of competent jurisdiction, the Parties agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of these Terms of Use will remain in full force and effect.

2. Privacy Policy

Please refer to the MYiDocUSA Privacy Policy at https://www.myidocusa.com/legal/privacy-policy for information on how MYiDocUSA collects, uses and discloses information about you. Services.

3. Services

THE SERVICES ARE AVAILABLE ONLY TO RESIDENTS OF COLORADO, ILLINOIS, NEW YORK AND TEXAS. THE PRACTICE DOES NOT ACCEPT INSURANCE OR PARTICIPATE IN ANY INSURANCE NETWORKS OR REIMBURSEMENT PROGRAMS AND IS NOT ABLE TO OFFER SERVICES TO MEDICARE OR MEDICAID BENEFICIARIES AT THIS TIME. THE PRACTICE REQUIRES PAYMENT AT THE TIME OF SERVICE AND WILL NOT BILL INSURANCE OR ACCEPT REIMBURSEMENT FROM INSURANCE OR THE MEDICARE OR MEDICAID REIMBURSEMENT PROGRAMS.

4. Your Obligations and Conduct

You must: (a) be of legal age and have capacity to agree to these Terms of Use under the laws of the jurisdiction where you are located; (b) provide accurate, current, and complete information about You if You register to access the Services (“Registration Data”); (c) maintain the security of any password and identification information used to access the Sites; (d) maintain and promptly update the Registration Data and any information You provide to MYiDocUSA, the Practice or its Providers to keep such information accurate, current and complete; and (e) acknowledge and accept the risk of loss, damage or unauthorized access of information and Registration Data submitted through or in connection with the Sites before submitting such information and Registration Data.

You must use the Sites in a manner that is lawful, relevant and proper. Any use of the Sites that MYiDocUSA deems in its sole discretion to be inappropriate, abusive and/or offensive may result in suspension and/or termination of Your access to the Sites with or without notice. Specifically, without limitation, You will not:

Use the Sites for any purpose that is in violation of applicable laws.
Create an account or accounts on the Sites for fraudulent purposes, or for the purpose of misusing the Sites, including without limitation misappropriating the Sites or any information on the Sites.
Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of the Sites or any MYiDocUSA, Practice or Provider device, computer system or network.
Attempt to gain unauthorized access to the Sites, other patient accounts, or MYiDocUSA, Practice or Provider devices, computer systems or networks connected to the Sites.
Impersonate another person or allow any other person or entity to impersonate You or use Your credentials to access the Sites.
Access, download, or copy any information, content and/or materials from the Sites through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means).
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Sites.

5. Intellectual Property Rights

MYiDocUSA grants you permission (which may be revoked at any time for any reason or no reason) to use the Sites in accordance with these Terms of Use and solely for your own personal, non-commercial use. No other use is permitted. You may not, for example, incorporate the information, content, or other material on the Site into any database, compilation, archive or cache. Except as specifically authorized by MYiDocUSA, You may not link to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. MYiDocUSA reserves all of its statutory and common law rights not expressly granted pursuant to the Terms of Use in and to the Sites and materials and content on the Sites. You may not frame to any pages of the Sites or any content contained therein, whether in whole or in part, without the prior written consent of MYiDocUSA. MYiDocUSA encourages and appreciates when You like or follow MYiDocUSA’s social media accounts or share links to the Site via social networking technology referenced on the Sites.

“MYiDocUSA Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations MYiDocUSA uses in connection with its and the Practice’s products and services, including the Sites. You may not remove or alter any MYiDocUSA Trademarks, or use MYiDocUSA Trademarks in any way, including to brand or co-brand your own products or materials, without MYiDocUSA’s prior written consent. You acknowledge MYiDocUSA’s rights in MYiDocUSA Trademarks and agree that any use of MYiDocUSA Trademarks by You shall inure to MYiDocUSA’s sole benefit.

Unless expressly stated herein, nothing in these Terms of Use shall be construed as conferring any license to MYiDocUSA’s intellectual property rights, including MYiDocUSA Trademarks and MYiDocUSA’s copyrighted materials contained on the Sites. You are permitted to display, copy, distribute and download content owned by MYiDocUSA from the Sites (the “Content”) provided that: (a) MYiDocUSA’s copyright notice pertaining to the Content remains conspicuously visible on the Content, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for Your personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as expressly permitted by valid permission or license covering such materials provided by MYiDocUSA in writing; and (d) You do not modify such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in these Terms of Use. Upon termination, You must immediately destroy all copied, downloaded and/or printed Content.

6. Disclaimer of Warranties

USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. MYIDOCUSA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MYIDOCUSA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, AVAILABILITY OR COMPLETENESS OF THE SITES INCLUDING THE INFORMATION, SERVICES AND CONTENT.

MYIDOCUSA MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PUBLISHED ON, REPRESENTED IN, PURCHASED OR OBTAINED FROM THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITES WILL BE CORRECTED, EVEN IF MYIDOCUSA IS MADE AWARE OF SUCH ERRORS.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE AND LOSS OR DAMAGE TO DATA ON YOUR COMPUTER SYSTEM OR DEVICE IN CONNECTION WITH ACCESSING THE SITES, AND ANY DAMAGE OR LOSS OF DATA THAT YOU UPLOAD TO OR OTHERWISE TRANSMIT TO THE SITES AND OTHERWISE THAT RESULTS FROM VIEWING OR OBTAINING ANY CONTENT, INFORMATION OR SERVICES FROM THE SITES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

7. Disclaimer of Warranties

THE SITE OFFERS CERTAIN NON-CLINICAL ADMINISTRATIVE SERVICES AND LICENSES TECHNOLOGY TO INDEPENDENT MEDICAL PRACTICES AND THEIR ENGAGED HEALTH CARE PROVIDERS.

YOU ACKNOWLEDGE THAT MYIDOCUSA HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER, PRACTICE OR PROVIDER ON OR OFF THE SITES AND THAT MYIDOCUSA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY THE PRACTICE OR ITS PROVIDERS. YOU ACKNOWLEDGE THAT MYIDOCUSA IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITES, OF ANY USER, PRACTICE OR PROVIDER. AS SUCH, MYIDOCCUSA EXPRESSLY DISCLAIMS, AND YOU HEREBY RELEASE AND HOLD HARMLESS MYIDOCUSA FROM ALL LIABILITY WHATSOEVER ARISING FROM OR IN CONNECTION WITH CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES THAT ARE IN ANY WAY RELATED TO THE SITES AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY ACTS AND/OR OMISSIONS OF USERS, THE PRACTICE OR ITS PROVIDERS ON OR OFF THE SITES.

TO THE FULL EXTENT PERMITTED BY LAW, MYIDOCUSA DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITES AND THE SERVICES, EVEN IF MYIDOCSUSA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITES; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MYIDOCUSA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MYIDOCUSA OR THE PRACTICE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND MYIDOCUSA AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR AND ARE A MATERIAL INDUCEMENT ON THE PART OF EACH PARTY TO ENTER INTO THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT. YOU, MYIDOCUSA AND THE PRACTICE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.

8. Indemnification

You will indemnify, defend, and hold harmless MYiDocUSA, the Practice and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, and other customers from and against any and all third party claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs incurred by MYiDocUSA and/or the Practice to defend against the foregoing, arising from or in connection with Your (a) acts and/or omissions on or off the Sites; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Sites; (c) breach of these Terms of Use; (d) disputes with or between other users of the Sites; (e) use and/or misuse of the Sites; (f) inaccurate, untimely, incomplete or misleading Registration Data; (g) use of links to third party websites, including without limitation such websites’s availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; or (h) use of any services or products or any contracts or arrangements made or provided based on information, Content and/or materials obtained on or through the Sites. You will cooperate as requested by MYiDocUSA or the Practice in the defense of such claims. MYiDocUSA reserves the right to assume the exclusive defense and control of any matter for which You are obligated to provide indemnification. You shall not, in any event, settle any claim or matter on behalf of MYiDocUSA without the prior written consent of MYiDocUSA.

9. Arbitration

Any disputes between You, MYiDocUSA and/or the Practice regarding these Terms of Use (each a “Dispute”) will be governed by this Section. YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUSIVE FORM OF RESOLUTION OF DISPUTES IS BINDING ARBITRATION AND THAT BY ACCESSING AND USING THE SITES THAT YOU ARE WAIVING ANY RIGHT YOU HAVE TO A TRIAL BY JURY UNDER APPLICABLE LAWS.

All Disputes will be resolved in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”). Copies of the Consumer Arbitration Rules may be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800- 778-7879.

If there is a conflict between the Consumer Arbitration Rules and these Terms of Use then the terms and conditions of these Terms of Use control. This arbitration provision must be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq.

The Parties will attempt to agree on a single arbitrator using the AAA procedures. If agreement is not possible, each Party will select its own arbitrator. Each Party’s arbitrator will jointly confer and select a single arbitrator. That single arbitrator will preside over the arbitration of the Dispute.

The Arbitrator’s Decision: The arbitrator must base his or her decision on the evidence presented and according to these Terms of Use and applicable laws, including statutory and judicial authority. The arbitrator may award the same damages and relief on an individual basis that a court might award to an individual under these Terms of Use and applicable law. The arbitrator must issue a written decision, which must contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision is final and binding upon all Parties and judgment to enforce the arbitrator’s decision may be entered by any court of competent jurisdiction.

Individual Claims Only: YOU, MYIDOCUSA AND THE PRACTICE AGREE THAT EACH OF US MAY BRING CLAIMS, SUITS, ACTIONS OR CAUSES OF ACTION AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. HOWEVER, A REPRESENTATIVE CLAIM (BUT NOT A CLASS ACTION) MAY BE BROUGHT IN ARBITRATION WHERE OTHERWISE MANDATED BY LAW. UNLESS YOU, MYIDOCUSA AND/OR THE PRACTICE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING. ALSO, EXCEPT AS MANDATED BY LAW, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). EXCEPT AS MANDATED BY LAW, ANY RELIEF AWARDED CANNOT AFFECT OTHER PARTIES.

Location of the Arbitration Hearing: There may be a hearing as a part of the arbitration process. If that is the case, the arbitration hearing will be conducted at a location that is reasonably convenient to all Parties with due consideration of their ability to travel and other pertinent circumstances.

10. Notices: modification and termination of services; amendment of terms

You agree to receive notices relating to these Terms of Use via email, regular mail, or posting notices or links to notices on the Sites. MYiDocUSA reserves the right at any time to modify, suspend or terminate the Sites (or any part thereof), and/or use of or access to them, with or without notice. MYiDocUSA may also delete, or bar access to or use of, all or any part of the Content. MYiDocUSA will not be liable to You for any modification, suspension, or termination of Sites, or loss of related information. MYiDocUSA may amend these Terms of Use at any time by posting the amended terms on one or more Sites.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice-of-law rules, of the State of New York.

12. Entire agreement

These Terms of Use constitute the entire agreement between You, MYiDocUSA and/or the Practice relating to their subject matter, and cancel and supersede any prior versions of these Terms if Use. You may not assign or otherwise transfer your rights or obligations under these Terms of Use to any other party. Additional terms and conditions may apply to use of third-party items or services offered on or in connection with the Sites.