The Services provided vary by condition and by state of residence of the individual, with special emphasis on providing patients with information to enable them to make a selection of appropriate health care services and providers, and the tools to plan for services, engage remotely, and coordinate such care, if necessary. The activities of Providers using our Services may be subject to state regulations and may change from time to time due to changes in such regulatory requirements.
In order to qualify to use the Services, the following must be true:
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Docent and/or Caratin. In addition to the above requirements, Docent and or Caratin, and certain contracted professional, entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
REQUIREMENTS FOR USE
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of the mobile services and to the Internet.
YOUR RELATIONSHIP WITH DOCENT AND/OR CARATIN
By entering into this Agreement you agree to receive communications from Docent and/or Caratin and Providers, including via email, text message, SMS message, voice call, and push notifications (“Communications”).
Voice calls and texts will be to the phone number you have supplied with your account information. You agree that texts may be made using automatic dialing systems or other automated technologies. Communications from or on behalf of Docent and/or Caratin may include but are not limited to: operational communications concerning your user account or use of the Docent’s products and platform; informational communications concerning shipping, your payment method on file, messages from your provider, and reminders to complete your account set-up; marketing content such as updates concerning new and existing products; and communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive Communications is not a condition of any purchase.
You understand that you will periodically receive correspondence from Docent and/or Caratin at the email address you register with your account. Text message frequency varies. While correspondence sent from Docent and/or Caratin to you will never contain payment information, they will sometimes include information relating to the details of your treatment (as applicable).
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF ALL TEXTS (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL TEXTS), YOU CAN TEXT THE WORD “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICES.
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Furthermore, you agree and accept that: (i) the diagnosis you may receive from Providers is limited and, in some cases, provisional; (ii) the opinion is not intended, in any and all cases, to replace a full medical evaluation or an in-person visit with a health care practitioner; (iii) a Provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the Provider's ability to diagnose your condition, disease or injury.
As with any medical procedure, there are potential risks associated with the use of virtual encounters for advice and treatment. These risks may include, without limitation, the following:
You also agree that the opinion expressed by a Provider using the Services is not that of Docent and/or Caratin, and will not be used in any legal dispute against Docent and/or Caratin, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.
If you consult with a Provider through the Services, you have a duty to provide appropriate audio and video access (consistent with any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by your Provider. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your Provider may provide through the Services.
The Providers utilizing or featured on the Services are subscribers to and licensees of the Services and not employees or independent contractor service providers of Docent and/or Caratin. Any opinions, advice, or information expressed by a health care facility, professional or specialist using or featured on the Services are of the facility or professional alone. They do not reflect the opinions of Docent and/or Caratin. Docent and/or Caratin does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Services or by a licensee of Docent and/or Caratin.
The inclusion of Providers on the any website or Services or in any professional directory located on the Services does not imply recommendation or endorsement of such Provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Provider contained therein.
SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND DOCENT AND/OR CARATIN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. DOCENT AND/OR CARATIN SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY IN RELIANCE ON INFORMATION ABOUT PROVIDERS ON THE SERVICES. YOUR RELIANCE ON ANY INFORMATION PROVIDED VIA THE SERVICES IS SOLELY AT YOUR OWN RISK. THE USE OF THE SERVICES BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF PROVIDERS IS PROHIBITED.
Providers are not employees, partners, independent contractors, joint venturers, agents, representatives, or affiliates of Docent and/or Caratin and Docent and/or Caratin has no control of the Services of any Provider or a Provider’s availability for appointments. Providers have sole control over their availability and the patients they choose to see. Providers may have limited availability and each Provider’s schedule will vary depending on a variety of circumstances, including the number of Providers in a particular specialty, the number of scheduled appointments, the demand for a particular Provider’s services, the day and time of the week, holidays, emergencies and other circumstances.
DOCENT AND/OR CARATIN DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT ANY GIVEN PROVIDER WILL BE AVAILABLE AT ANY PARTICULAR TIME OR THAT YOU WILL BE ABLE TO SEE ANY PARTICULAR PROVIDER AT THE TIME MOST CONVENIENT FOR YOU. DOCENT AND/OR CARATIN SHALL IN NO EVENT BE LIABLE TO YOUR OR ANYONE ELSE FOR YOUR INABILITY TO MAKE AN APPOINTMENT, CANCELLED OR UNFULFILLED APPOINTMENTS, OR ANY DAMAGE OR INJURY RESULTING FROM THE INABILITY TO SEE A PROVIDER THROUGH THE USE OF THE SERVICES.
In an effort to maximize the availability of Providers to the Docent and/or Caratin community and improve the quality of services for all users, Docent and/or Caratin has a policy against excessive use of the Services. Docent and/or Caratin may, in its sole discretion, suspend or terminate the Services if Docent and/or Caratin believes that the number of Provider appointments or communications you make in a given time period are in excess of the number of appointments or communications that Docent and/or Caratin deems reasonable under the circumstances.
The Services contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). We grant you a limited license to access and make personal use of the Content and Services, but not to download (other than for page caching) or modify them, or any portion of them, except with our express written consent. This license does not include: any resale or commercial use of the Services or the Content; any derivative use of the Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
Neither this Content nor any portion of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Docent and/or Caratin without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.
We (or the respective third-party owners of Content) retain all right, title, and interest in the Services and any Content and features offered on the Services, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
Except as otherwise expressly stated, all Content appearing on the Services is the copyrighted work of Docent and/or Caratin or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Services is also the exclusive property of Docent and/or Caratin and is protected by U.S. and international copyright laws.
Certain trademarks on the Services are the Services marks and trademarks of Docent and/or Caratin or its licensees. The domain name for the Services, the Docent and/or Caratin logo and elements of the design of the Services are service marks, trademarks, logos, and/or trade dress of Docent and/or Caratin. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Services are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Services without the prior written authorization of Docent and/or Caratin.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page at the Services, must be obtained from Docent and/or Caratin or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Docent should be submitted via an email to email@example.com and/or firstname.lastname@example.org. All design rights, databases and compilation and other intellectual property rights associated with the Services, in each case whether registered or unregistered, and related goodwill, are proprietary to Docent and/or Caratin.
Except for specific communications received from Providers through the Services, none of the Services should be considered medical advice.
Although certain parts of the Sites are accessible by any individual, you are obligated to register with Docent and/or Caratin in order to access the Services. The Services are available only to users who have registered with Docent and/or Caratin and to other persons affiliated with Docent and/or Caratin who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Docent and/or Caratin. If you do not maintain such information, or Docent and/or Caratin has reasonable grounds to suspect as much, Docent and/or Caratin has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Docent and/or Caratin of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Docent at email@example.com and/or firstname.lastname@example.org. Docent and/or Caratin may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Docent explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) Docent and/or Caratin will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
We reserve the right, in our sole discretion, to deny or suspend use of the Sites or Services to anyone for any reason.
Such information may be used for any purpose permitted by applicable law, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Docent and/or Caratin shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Docent and/or Caratin via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
Under applicable copyright law, the author of any post is the owner of the copyright in the post. Aside from the license that all registered users have granted to Docent and/or Caratin upon submitting a message as stated above, no one visiting the forum is licensed to copy, reproduce, republish, modify, transmit, or distribute in any way any of the messages, or any portion of the messages, posted to the forum without the prior written permission of the copyright owner.
Docent and/or Caratin does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any messages posted to a forum, or endorse any opinions expressed in such posts. You acknowledge that any reliance on material in posted messages will be at your own risk. Most of the content posted to the forums is provided by third parties like you. Docent is not responsible for this third-party content.
Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Docent to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Docent and/or Caratin, (vii) to reverse engineer, disassemble or decompile any section or technology on the Services, or (viii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Services, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Docent representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Services, or copy any content or information on the Services; or (p) assist or permit any person in engaging in any of these activities.
Docent and/or Caratin reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user's access and/or account. Docent and/or Caratin may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
To the extent that any of the Content included in the Services is provided by third-party content providers, Providers, or other Service users, Docent has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third-party suppliers or users on the Services are those of such professional, third-party suppliers or users, respectively. Docent and/or Caratin does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Services or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Docent. Authorize.net and the Authorize.net logo are trademarks of CyberSource Corporation.
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of Docent and/or Caratin or its affiliates. Except as otherwise expressly stated herein, you are not authorized to use any such Marks without the express written permission of Docent and/or Caratin. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
The Sites may contain hyperlinks or references to other Website (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
Your interactions with entities or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information.
You agree that Docent and/or Caratin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Services, or between users and any third party, you understand and agree that Docent and/or Caratin is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Docent and/or Caratin, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Services or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “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.”
Docent and/or Caratin reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that Docent and/or Caratin shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.
We may make available the ability to (i) communicate with a healthcare provider and (ii) purchase or otherwise obtain certain Products through the Website, including trials of goods or services (both (i) and (ii) referred to as a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. As part of the Services, Docent and/or Caratin facilitates your payment of certain fees to Providers from time to time through the Services, however, the only accepted form of payment on the Services is by certain major credit cards. When you pay by credit card, you hereby authorize Docent and/or Caratin to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or Docent and/or Caratin is otherwise unable to debit the applicable amounts from your credit card, Docent and/or Caratin shall provide notice to you, whereupon you shall immediately furnish Docent and/or Caratin with a valid credit card for payment. Your request for services through the Services will not be fulfilled until full payment has been received and/or verified.
You represent and warrant that you have the right to use any credit card or other payment information that you submit in connection with a Transaction. By submitting such information, you hereby authorize Docent to charge you and grant to us the right to provide such information to third parties for purposes of facilitating Transactions, Docent’s and/or Caratin’s third-party payment processing service. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If your payment method fails or fees associated with your Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file and/or retaining collection agencies and legal counsel.
By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. We reserve the right to change the types of Transactions for which we charge, and we reserve the right to charge for consultations with your healthcare provider. Trials and subscriptions of Products or Services are subject to the terms and conditions applicable to such trials and subscriptions available on the Website.
Docent and/or Caratin reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, trial or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Docent’s and/or Caratin’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
By signing up for Docent and/or Caratin and creating an account, you agree to our subscription program terms (“Subscription Program” or “Program”) and your membership in the Program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the Program at any time without notice to you. Limit one account per person.
From time to time, we may offer special pricing terms for a trial period of the Subscription Program, which could include no payment or a reduced rate for the trial period. If you are enrolled under special pricing terms, you may be required to provide a credit card for payment. ONCE THE SPECIAL PRICING PERIOD ENDS, YOU AGREE THAT WE MAY AUTOMATICALLY BEGIN CHARGING YOU FOR EACH SHIPMENT OF PRODUCTS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL BEFORE THE END OF THE SPECIAL PRICING PERIOD BY LOGGING INTO YOU’RE ACCOUNT AT DOCENTRX.COM AND/OR CARATINRX.COM AND CANCELLING UNDER YOUR ACCOUNT TAB AFTER LOGGING IN. IF YOU DO NOT CANCEL BEFORE THE END OF ANY APPLICABLE SPECIAL PRICING PERIOD, OR IF YOU SIGN UP FOR THE SUBSCRIPTION PROGRAM WITHOUT A SPECIAL PRICING PERIOD, YOU WILL BE TREATED AS A MEMBER OF OUR SUBSCRIPTION PROGRAM, UPON WHICH THE VALID CREDIT CARD NUMBER YOU PROVIDED AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT WILL BE AUTOMATICALLY CHARGED ON A GOING-FORWARD BASIS AT THE TIME OF EACH SHIPMENT OF PRODUCT. BY ENROLLING IN THE SUBSCRIPTION PROGRAM, YOU ACKNOWLEDGE THAT YOUR MEMBERSHIP HAS RECURRING PAYMENT FEATURES AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING PAYMENT OBLIGATIONS PRIOR TO CANCELLATION OF YOUR MEMBERSHIP BY YOU OR DOCENT AND/OR CARATIN. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY CANCELLING YOUR MEMBERSHIP AT DOCENTRX.COM AND/OR CARATINRX.COM UNDER YOUR ACCOUNT TAB AFTER LOGGING IN. YOU MUST CANCEL BEFORE YOUR NEXT SHIPMENT IN ORDER TO AVOID BEING CHARGED FOR THE NEXT RECURRING SHIPMENT.
Prices for services are set out at docentrx.com and or caratinrx.com. Docent and/or Caratin reserves the right to determine the pricing of its products. Docent and/or Caratin will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Docent and/or Caratin may change the fees for any feature or product, including additional fees or charges, if Docent and/or Caratin provides advance notice of changes before they apply. Docent and/or Caratin, at its sole discretion, may make promotional offers with different features and different pricing to any of Docent’s and/or Caratin’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Docent and/or Caratin and you may be separately charged by the applicable Providers for such services. In the event that your credit card expires or Docent and/or Caratin, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Docent and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
Docent and/or Caratin sells its products direct to You (end consumers) through the subscription service. Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If Docent and/or Caratin believes you are involved in purchase for resale, Docent and/or Caratin reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Notice. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
Docent and/or Caratin and Providers not participate in any private, federal or state health care programs, such as Medicare and Medicaid, you have to pay for the Services and Products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by Providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Docent and/or Caratin nor any Provider will bill any federal or state health care program for such medical services or products.
If you receive a prescription as a result of the Services, you may select your own compounding pharmacy to ship your prescription. You give us consent to send and disclose to this pharmacy all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
If you select an external pharmacy, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DOCENT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. DOCENT AND/OR CARATIN AND PROVIDERS AND THEIR AND THEIR AFFILIATES' RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER DOCENT AND/OR CARATIN NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, DOCENT DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND DOCENT DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES OR SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL DOCENT, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF DOCENT OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The Services are offered by Docent, Inc., located at 360 1st Avenue #257, San Mateo CA 94401, and can be reached via email at email@example.com and or firstname.lastname@example.org or telephone at 415-474-9752. If you are a California resident, (a) you may have this same information mailed to you by emailing the foregoing email address with your address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.