Terms of Use

***IMPORTANT, PLEASE READ THESE TERMS OF USE CAREFULLY.

Welcome to http://www.eDocAmerica.com (the “Site”). eDocAmerica (“eDocAmerica”, “we”, “our” or “us”) provides this Site for your personal use conditioned on your acceptance of these Terms of Use. By accessing and using this Site you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, please leave this Site.

We reserve the right to change these Terms of Use, in our sole discretion, at any time. By continuing to use this Site after such changes are posted, you agree to be bound by the changes.

Please also review our Privacy Policy as it contains important information regarding the collection, the ability to disclose and the protection of your information (agreement to these Terms of Use includes agreement to our Privacy Policy), and the Online Terms of Service, as they set forth the terms of service which may apply if your employer or the employer of the person to whom you are a dependent, has agreed to purchase certain services from us.

Areas of this Site may have different terms or other disclaimers found on pages, applications, or services. If there is a conflict between these Terms of Use and the terms or disclaimer posted for a specific area of this Site, the terms or disclaimer posted for that specific area of this Site shall have precedence with respect to your use of that area of this Site to the extent that they conflict with or add to these Terms of Use. If there is a conflict between the Terms of Use and the Privacy Policy, the Privacy Policy shall have precedence with respect to the subject matter covered by it.

Our Vision

Inspire and empower eDocAmerica Web site users to take responsibility for their health status and improving their health Status by taking action to know their own personal health information and managing their personal health status.

eDocAmerica Services:
• First and foremost, eDocAmerica is a Health Information Resource that provides clients and users information from reliable research and from appropriately licensed healthcare professionals. In short, eDocAmerica provides general health information content through a Static Web Site to the general internet public and Decision Support or Assistance through Dynamic Connectivity to groups of individual users.
• Health Information Content is basically a summary of health research communicated in response to a general or specific question
• Decision Support or Assistance is different from Health Information Content because it is addressed to a specific user question for personal health management and provides an individual user with other data they might want to know, questions to consider asking their healthcare provider and/or use in deciding what action(s) they are going to take in the future.

MEDICAL WARNING

This Site has been created by eDocAmerica to provide information about health care and is for general informational purposes regarding health care that should never be construed as specific instructions for individual patients in a provider-patient relationship. eDocAmerica will not knowingly or intentionally provide any false or misleading information to clients or users. Without limiting the foregoing, the information on this Site should not be considered complete and does not cover all diseases, ailments, physical conditions or their treatment. Nothing on this Site is intended to substitute for proper medical advice, diagnosis, or treatment. This Site is not intended and must not be interpreted as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. NOTHING AVAILABLE THROUGH OR ON THIS SITE SHOULD BE CONSTRUED AS MEDICAL ADVICE. THIS SITE DOES NOT OFFER MEDICAL DIAGNOSIS OR PATIENT SPECIFIC TREATMENT ADVICE. It is important that you consult with your own health care professional about your specific situation. You should consult a physician before beginning an exercise program. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN OR ON THIS SITE. IF YOU THINK YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR, IN THE USA, 911 IMMEDIATELY.

Permitted Use of this Site

You may only use this site if you are at least 18 years of age and can enter into binding contracts (the Site is not available for use by minors). By using this Site, you agree that you are at least 18 years of age. You may use this Site solely for your own personal, non-commercial use. You may download or print portions of the content of this Site, but not any significant portion of the content. You may use such downloads/print copies only for your own personal, non-commercial use, and you may not remove the copyright and/or other proprietary notices located on any such content.
Your use of this Site must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in this Site or any portions of its content from your access to or use of it.

Restrictions on Access to and Use of this Site

We do not allow unauthorized access (hacking) into this Site. The use of deep-links, page scrapes, web crawlers, web robots, web scutters, spiders, wanderers, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with this Site is prohibited.

We reserve all rights in this Site and its content not granted to you. Licensed health content cannot be edited for content by any individual, organization, client, user or web site receiving the licensed health content without the written approval of eDocAmercia. Without limiting the foregoing, except as permitted above, you may not modify, publish, reproduce, duplicate, translate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit this Site or the content of this Site (in whole or in part) for any purpose. Your use of this Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on this Site.

Any use of this Site or its content, in whole or in part, not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyrights, Trademarks and Other Proprietary Rights

You understand that eDocAmerica and its licensors retain all ownership rights in this Site (including all content). All trademarks, service marks and trade names are owned by eDocAmerica or other respective owners.

The entire content of this Site, and this Site, including, but not limited to, text, design, software, photography, video, graphics, music, sound, information and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States of America (“USA”), international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).

This Site may contain or reference patents, technologies, products, or other proprietary rights of eDocAmerica, its third party vendors and other third parties. Nothing on this Site should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of eDocAmerica, any of its third party vendors or other third parties.

Specific Services eDocAmerica Does Not Provide

The eDocAmerica Web site is not selling products or commerce as defined by the State of Arkansas or the United States America.

The eDocAmerica Web site is not providing communication between and among health care providers, users, and health plans, health insurers, or health care facilities regarding treatment decisions, claims, billing for services; and other services provided to support health care.

The eDocAmerica Web site does not allow advertising, sponsorship or co-branding of health content. eDocAmerica Web site does not accept funds and/or content from third parties to develop or maintain content, tools, or other services provided by the site. With no sponsorships, there is no need for eDocAmerica to disclose sponsorships.

The eDocAmerica Web site does not use information obtained from users to promote goods and services of the owner or its business partners.

eDocAmerica will not knowingly or intentionally provide any false or misleading information to clients or users. As such eDocAmerica is not accepting false or misleading information from advertisers, sponsors, promoters or co-branding of any ineffective or dangerous products on this web site.

User Submissions

Except as otherwise provided in our Privacy Policy and except as otherwise covered under the Online Terms of Service, please note that any material, information, ideas, concepts, know-how, techniques, or other communication you transmit to us by any means (“User Submissions”) will be deemed non-confidential and non-proprietary. We will have no obligations with respect to User Submissions. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use User Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND EDOCAMERICA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, EDOCAMERICA AND ITS LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL OBTAINED THROUGH THE USE OF THIS SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.

Exclusive Remedy

If you are dissatisfied with this Site (including without limitation these Terms of Use), your sole and exclusive remedy is to leave this Site.

LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EDOCAMERICA NOR ITS LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY SITE LINKED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU MAY HAVE OTHER RIGHTS UNDER THE ONLINE TERMS OF SERVICE IF THEY APPLY TO YOU.

Indemnification

You agree to indemnify us, our licensors and partners and our respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees, that arise from any content or data you post, transmit or link from on this Site, your misuse of this Site, including, but not limited to, your violation of these Terms of Use, or your violation of any rights of any third party.

Governing Law; Jurisdiction; Venue

eDocAmerica controls this Site from its offices within the USA, and your data is stored in a database managed by eDocAmerica in the USA. eDocAmerica makes no representation that this Site is appropriate, or is available for use outside the USA. Access to and use of this Site where the content or access or use of this Site is illegal is prohibited. Those who choose to access and use this Site from outside the USA, do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws and USA export and other applicable laws.

The laws of the State of Arkansas, USA, will govern these Terms of Use, without reference to its conflicts of law principles, except that the federal law of the USA shall apply to questions regarding the validity, infringement or enforceability of USA federal patent, copyright and trademark rights relating in any way to these Terms of Use or this Site. English is the only language applicable to these Terms of Use. You agree to submit to the exclusive jurisdiction of, and waive any venue objections and defenses of lack of personal jurisdiction against, the State and Federal courts located in Pulaski County, Arkansas, USA, except that you acknowledge that any breach or threatened breach of the Sections titled “Permitted Use of this Site” or “Restrictions on Access to and Use of this Site” cannot reasonably or adequately be compensated by damages in an action at law and that a breach or threatened breach of such provisions shall cause eDocAmerica irreparable injury and damage, and eDocAmerica shall be entitled, in addition to any other remedies it may have, to preliminary and permanent injunctive and other equitable relief to prevent or curtail any actual or threatened breach in any court of competent jurisdiction. Process may be served on you in the manner authorized by applicable law or court rule.

Forward-Looking Statements

This website contains express or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward- looking statements. eDocAmerica assumes no obligation to update any forward-looking statements appearing on this website in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.

Updates

eDocAmerica may make improvements and/or changes to this website at any time. Although we attempt to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. eDocAmerica does not have a duty to update information contained in this website, and eDocAmerica will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currency of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.

Links to or from Third Party Web Sites

In an attempt to provide increased value to the visitors to our Site, this Site may contain links to other sites on the Internet that are owned and operated by third parties (each a “Linked Site”). Such links are provided solely for your convenience as pointers to information that may be useful to you. We are not responsible for the content, advertising, products, services or other materials made available on or through any Linked Site or for your use of them. Linked Sites are likely to have their own terms of use, and you are responsible for reading them to ensure your own compliance. eDocAmerica shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with a Linked Site.
We do not endorse and are not responsible for the information practices or privacy policies of web sites operated by others that may be linked to or from this Site. No web sites that link to this Site may frame or otherwise incorporate the content on this Site except as authorized in writing by eDocAmerica.

Waiver and Severability

The failure of eDocAmerica to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force and effect.

Violations

Please report any violations of these terms of use to Security@eDocAmerica.com