DocGiv PRIVACY STATEMENT

This Privacy Policy governs the manner in which DocGiv (“DocGiv,” “us,” “our,” and “we”) collects, uses, maintains and discloses information collected from users (each, a “User”) of our websites and platforms. This privacy policy applies to our website and all products and services offered by DocGiv, including mobile applications, touch technologies, electronic services, social networking sites, interactive features, online services or any of our described online activities we own or control (collectively “Services”).

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Services, register on the Services, place an order, fill out a form, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Services. Users may be asked for, as appropriate name, email address, mailing address, phone number, and credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Services related activities.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Services. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Services, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES

Our Services may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Services may not function properly.

LINKS TO THIRD PARTY SITES

Our Services may include links to websites/applications that are owned or operated by third parties. Please note that this Privacy Policy does not cover the practices of those websites/applications. We encourage you to review the privacy policies on those websites/applications to see how they collect and use information.

HOW WE USE COLLECTED INFORMATION

DocGiv collects and uses Users personal information for the following purposes: To Process Transactions We may use the information Users provide about themselves when placing an order to facilitate and fulfill that order, including processing and confirming bookings, processing payments, and tracking redemption. This may include disclosure of identifiable information, such as name, phone numbers, address, and email addresses, to providers after a voucher is purchased for the purpose of facilitating appointment scheduling. When such information is disclosed to or used by providers for facilitating appointment scheduling, such disclosure and use shall be in compliance with the provider’s privacy policy and state and federal law. We do not share this information with outside parties except to the extent necessary to provide the service. To Improve Services We may use collected information to operate, maintain, and improve the Services and other programs, features, and functionality related to the Services; as well as to perform analytics and conduct customer research. To Send Periodic Emails The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Services. We also may use information collected as described in this Privacy Policy with Users’ consent or as otherwise required or permitted by law.

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Services. Sensitive and private data exchange between the Services and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Services, you can contact us at support@docgiv.com.

SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Services or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission. Such disclosure to these third parties will be subject to confidentiality obligations consistent with this Privacy Policy and on the condition that the third parties use Users’ information only on our behalf and pursuant to our instructions. We may share Users’ personal information as required to comply with the law or legal obligations, such as to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions. We may share Users’ personal information in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States.

BUSINESS TRANSFERS AND CORPORATE CHANGES

DocGiv reserves the right to disclose, transfer, or license any and all information related to the Services, including personal information to a subsequent owner, co-owner, or operator of the Services or any portion or operation related to part of Services; or in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process.

CHILDREN’S POLICY

Our Services are not directed at children under the age of 18. By using DocGiv, User represents that User is at least eighteen years old and understands that User must be at least eighteen years old in order to create an account and purchase services advertised through the Services.

CHANGES TO THIS PRIVACY POLICY

DocGiv has the discretion to update this Privacy Policy at any time. When we do, the updated Privacy Policy will be posted to this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of notice on the Service prior to the change becoming effective. You can determine when this Privacy Policy was last revised by referring to the “Effective Date” above.

YOUR ACCEPTANCE OF THESE TERMS

By using the Services, you acknowledge you have read the terms of the Privacy Policy and signify your acceptance of this policy and terms of service. If you do not agree to this policy and do not want your information handled as described in this policy, please do not provide us with your information or interact with the Services. Your continued use of the Services following the posting of changes to this policy will be deemed your acceptance of those changes. You may update or remove financial account information at any time. You may also deactivate your DocGiv account at any time.

CONTACTING US

If you have any questions about this Privacy Policy, the practices of the Services, or your dealings with the Services, please contact us at: support@docgiv.com

PROVIDER TERMS AND CONDITIONS

These Provider Terms and Conditions (the “Terms and Conditions”) govern and are incorporated into the DocGiv Provider Agreement between the DocGiv and Provider (collectively, the “Agreement”). DocGiv, subject to the provisions of this paragraph, may amend the Terms and Conditions in its sole discretion and at any time. The most recent version of the Terms and Conditions (as may be amended by DocGiv at our discretion) will be available: (i) on the DocGiv platforms, and/or (ii) as part of the DocGiv Provider Newsletter. Provider agrees that either or both of these notification methods constitute adequate notice to inform Provider of any amendments to the Agreement and Provider further agrees to be bound by any such amendments to the Agreement upon such notification.

Definitions

“PROVIDER OFFERING” means the services to be provided by the Provider, stated on the Voucher as presented by DocGiv. Values determined by Provider. “MAXIMUM NUMBER OF VOUCHERS” means the maximum number of Vouchers the DocGiv is authorized to administer the sale on behalf of the Provider. “MONTHLY MAXIMUM NUMBER OF VOUCHERS” means the maximum number of Vouchers the DocGiv is authorized to administer the sale on behalf of Provider each month after the Maximum Number of Vouchers has been sold. “FULL OFFER VALUE” means the value of the Provider Offering. “AMOUNT PAID” means the non-refundable amount a purchaser pays DocGiv for each Voucher. “PROMOTIONAL VALUE” means the amount the purchaser must pay the Provider for the Provider Offering, as stated on the Voucher as presented by DocGiv. Values determined by Provider. “PROMOTIONAL VALUE EXPIRATION DATE” means 30 days from the date of purchase. “FINE PRINT” means the conditions and restrictions concerning Voucher redemption and the Provider Offering stated on the DocGiv platforms and Voucher.

1. Voucher Program

1. DocGiv is authorized to promote and sell Vouchers on Provider’s behalf subject to the terms of this Agreement and the “Terms of Sale”. The Voucher will evidence the Provider Offering and will be sent to the purchaser electronically once payment is received. The purchaser will then redeem the Voucher with the Provider by presenting the Voucher in paper or electronic form and paying the Provider the Promotional Value stated on the Voucher. Provider is the issuer of the Vouchers and seller of the Provider Offering. If there is a conflict between this Agreement and the Terms of Sale, the Agreement controls.

2. Provider agrees that in providing the Provider Offering, Provider will not inflate prices or impose any additional fees, charges, conditions or restrictions that contradict or are inconsistent with the terms stated on the Voucher, including the Fine Print. Unless disclosed in the Fine Print, Provider further agrees not to impose different terms or a different cancellation policy than what is imposed on its non-DocGiv patients.

3. DocGiv is authorized to promote and sell Vouchers on Provider’s behalf through any of its platforms. The Vouchers may be offered to all or part of DocGiv’s subscriber base. The features may be offered through a variety of distribution channels, including, the Internet, the Website, affiliate websites, business partner network, email, mobile applications, other types of electronic offerings and other platforms or distribution channels owned, controlled, or operated by DocGiv.

4. If Provider performs background checks on its employees, agents and/or independent contractors performing services, Provider shall provide the results of such background checks to DocGiv upon request. Provider shall obtain the necessary consent to share with DocGiv the results requested.

5. Provider shall promptly notify DocGiv any time it receives a complaint related to potentially criminal conduct, including allegations of sexual assault, allegedly engaged in by any of its employees, agents or independent contractors, regardless of whether a DocGiv customer makes the complaint.

6. DocGiv is authorized to promote and sell up to the Maximum Number of Vouchers in multiple markets and on dates at its discretion. Provider shall specify the Maximum Number of Vouchers and, if applicable, specify the Monthly Maximum Number of Vouchers, and may increase either number in its discretion.

7. DocGiv reserves the continuing right to reject, revise, or discontinue any Provider Offering, at any time and for any reason in DocGiv‘s sole discretion, and to terminate the Provider Offering and to remove all references to the Provider Offering and Voucher from its platforms; and redirect or delete any URL used in connection with the Provider Offering.

8. Provider shall honor the Vouchers for the Provider Offering through the Promotional Value Expiration Date. After the Promotional Value Expiration Date, PROVIDER AGREES TO REDEEM OR REFUND THE VOUCHER FOR THE AMOUNT PAID INDEFINITELY.

9. After the Promotional Value Expiration Date, Provider must always allow the purchaser to redeem the Voucher for the Amount Paid for the Voucher. If the services constituting the Provider Offering and stated on the Voucher are no longer available, or the customer does not qualify for the service, the Provider must always allow the purchaser to redeem the Voucher toward any services then offered by the Provider equivalent to at least the Amount Paid.

10. Partial redemptions: If applicable, and if a purchaser redeems a Voucher for less than the Amount Paid, the Provider is responsible for handling any unredeemed value as required by applicable law.

11. Provider agrees that in providing the Provider Offering, Provider will not inflate prices or impose any additional fees, charges, conditions or restrictions that contradict or are inconsistent with the terms stated on the Voucher, including the Fine Print. Unless disclosed in the Fine Print, Provider further agrees not to impose different terms or a different cancellation policy than what is imposed on its non-DocGiv patients.

12. Provider agrees that so long as an appointment is made to redeem a Voucher, or purchaser has made an attempt to make an appointment, before the Voucher’s Promotional Value Expiration Date, the Voucher will be honored for the Full Offer Value without restriction, even though the services may be provided after the Promotional Value Expiration Date.

13. Provider is responsible for all customer service in connection with the Provider Offering and for supplying all services stated in the Provider Offering.

2. Payment

1. If Provider offers a Voucher with a $0.00 Promotional Value DocGiv will bill the Provider a non-refundable fee for promoting and selling the Voucher. DocGiv will not bill the Provider for promoting and selling a Voucher with a Promotional Value greater than $0.00.

2. Provider will not attempt to bill or collect reimbursement from any third-party payor, including but not limited to any insurer, health insurance plan, Medicare, Medicaid, or any other federal, state, provincial, territorial or local governmental program or entity (“Third-Party Payor”), for any of Provider’s services. Provider will accept the amounts received from patient as payment in full for all services provided by Provider delivered pursuant to the Provider Offering. Provider is solely responsible for complying with any contractual requirements imposed by its contracts with Third-Party Payors, including but not limited to requirements related to offering discounted services.

3. Tax Levy. In the event Provider receives written notice of a validly issued state or federal tax levy relating to past-due taxes owed by Provider, DocGiv may, in accordance with applicable law, deduct any such amounts from payments due to Provider.

4. Taxes Generally. It is Provider’s responsibility to determine what, if any, taxes apply to the payments Provider makes or receives, and it is Provider’s responsibility to collect, report and remit the correct tax to the appropriate tax authority. DocGiv is not responsible for determining whether taxes apply to Provider’s transaction with either purchasers or DocGiv, or for collecting, reporting or remitting any taxes arising from any transaction with or by Provider and purchaser. Provider may be asked to provide DocGiv with a valid Tax Identification Number for tax reporting purposes. An IRS Form 1099 may be issued in Provider’s name for the value of payments made. Notwithstanding anything else in this Agreement, Provider shall be, and will remain, registered for sales, use and other similar tax collection purposes in all states and localities in which Provider is required to be so registered in connection with the Provider Offering and pursuant to the terms and redemption of the Voucher, and shall be responsible for paying any and all sales, use or any other taxes related to the Provider Offering or services.

3. Customer Data Restrictions

1. “Customer Data” means all identifiable information about purchasers generated or collected by DocGiv, including, but not limited to, purchasers’ name, mailing addresses, email addresses, phone numbers, purchaser preferences and tendencies, and financial transaction data.

2. DocGiv may disclose Customer Data, such as name, phone numbers, address, and email addresses, to providers after a voucher is purchased for the purpose of facilitating appointment scheduling. When such information is disclosed to or used by Providers for facilitating appointment scheduling, such disclosure and use shall be in compliance with the Business Associate Agreement between DocGiv and Provider, Provider’s privacy policy and state and federal law.

4. Term and Termination

This Agreement will continue in effect until terminated by either party in accordance with this Section (“Term”). DocGiv is authorized to terminate this Agreement, at any time for any reason, upon written notice to Provider. Provider is authorized to terminate this Agreement at any time with written notice to DocGiv. Termination of this Agreement will not in any way affect Provider’s obligation to redeem any Vouchers issued prior to termination in accordance with the terms of this Agreement, including the obligation to honor the Voucher for the Amount Paid after the Promotional Value Expiration Date. Provisions in this Agreement that are intended to survive termination will continue in full force and effect after the Term.

5. Compliance with Gift Card, Gift Certificate and Abandoned Property Laws

Provider agrees to comply with the Voucher terms and conditions as stated on the platforms, including but not limited to the “Terms of Use,” and to ensure that the Vouchers comply with all laws that govern vouchers, gift cards, coupons, and gift certificates, including but not limited to the United States Credit CARD Act of 2009 (if applicable) and any laws governing the imposition of expiration dates, service charges or dormancy fees and all Fine Print related to the Provider Offering stated on the Voucher. Provider is solely responsible for compliance with any applicable escheat or abandoned or unclaimed property laws. Upon written request from Provider, but only when required, DocGiv will provide Provider with information in DocGiv’s possession that the Provider needs to comply with its obligations under this Agreement. Provider agrees that, regardless of the payment terms, Provider, and not DocGiv, maintains any obligation for unredeemed Vouchers under applicable escheat or abandoned or unclaimed property laws.

Marketing

DocGiv and its business partners may communicate with Provider with regard to products, promotions, and other services that may be of interest to Provider. This may include email or other communications. DocGiv may also solicit Provider’s opinion for market research purposes.

7. Intellectual Property Rights

1. Provider grants to DocGiv a non-exclusive, worldwide, royalty free, paid-up, perpetual, irrevocable, transferable and sub-licensable license and right to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform: (a) Provider’s name, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved to use by Provider (collectively, “Provider IP”); and (b) any third party’s name , logos, trademarks, service marks, domain names, audiovisual recordings, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved for use by Provider (collectively, “Third Party IP”), in each case in connection with the promotion, sale/resale (as may be applicable) or distribution of the Provider Offering in all media or formats now known or hereinafter developed (“License”). Any use of the Provider IP or Third Party IP as contemplated in this Agreement is within DocGiv’s sole discretion.

2. Provider acknowledges and agrees that, as between the parties, DocGiv owns all interest in and to the platforms, Customer Data, DocGiv trade names, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the platforms, all audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by DocGiv or at DocGiv’s direction, or assigned to DocGiv, and any materials, software, technology or tools used or provided by DocGiv to promote, sell/resell (as may be applicable) or distribute the Provider Offering and conduct its business in connection therewith (collectively “DocGiv IP”). Provider shall not use, sell, rent, lease, sublicense, distribute, broadcast, transmit, stream, place, shift, transfer, copy, reproduce, download, time shift, display, perform, modify or timeshare the DocGiv IP or any portion thereof, or use such DocGiv IP as a component of or a base for products or services prepared for commercial use, sale, sublicense, lease, access or distribution, except that DocGiv grants Provider a limited, non-exclusive, revocable, non-transferable, non-sub licensable license during the Term to use one copy of DocGiv’s mobile provider software application on a single mobile computer, tablet computer, or other device, solely for the purposes permitted by that software, and to make one copy of the software for back-up purposes. Provider shall keep the DocGiv IP confidential, and shall not prepare any derivative work based on the DocGiv IP or translate, reverse engineer, decompile or disassemble the DocGiv IP. Provider shall not take any action to challenge or object to the validity of DocGiv’s rights in the DocGiv IP or DocGiv’s ownership or registration thereof. Except as specifically provided in this Agreement, Provider and any third party assisting Provider with its obligations in this Agreement, are not authorized to use DocGiv IP in any medium without prior written approval from an authorized representative of DocGiv. Provider shall not include any trade name, trademark, service mark, domain name, social media identifier, of DocGiv or its affiliates, or any variant or misspelling thereof, in any trademark, domain name, email address, social network identifier, metadata or search engine keyword. Provider shall not use or display any DocGiv IP in a manner that could reasonably imply an endorsement, relationship, affiliation with, or sponsorship between Provider or a third party and DocGiv. All rights to the DocGiv IP not expressly granted in this Agreement are reserved by DocGiv.

3. If Provider provides DocGiv or any of its affiliates with feedback, suggestions, reviews, modifications, data, images, text, or other information or content about a DocGiv product or service or otherwise in connection with this Agreement, any DocGiv IP, or Provider’s participation in the Provider Offering or Voucher, (collectively, “Feedback”), Provider irrevocably assigns to DocGiv all right, title, and interest in and to Feedback. In the event your assignment to DocGiv is invalid for any reason, you hereby irrevocably grant DocGiv and its affiliates a perpetual, paid-up, royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (i) use, reproduce, perform, display, and distribute Feedback; (ii) adapt, modify, re-format, and create derivative works of Feedback for any purpose and sublicense the foregoing rights to any other person or entity. Provider warrants that: (A) Feedback is Provider’s original work, or Provider obtained Feedback in a lawful manner; and (B) DocGiv and its sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. Provider agrees to provide DocGiv such assistance as DocGiv might require to document, perfect, or maintain DocGiv’s rights in and to Feedback.

8. Representations and Warranties

Provider represents and warrants that: (a) Provider has the right, power and authority to enter into this Agreement; (b) Provider, if required by applicable law, is registered for sales and use tax collection purposes in all jurisdictions where Provider’s services will be provided; (c) the Voucher, upon being delivered by DocGiv, will be available immediately for redemption and Provider will have sufficient services available for redemption through the Promotional Value Expiration Date (i.e., a number of services sufficient to fulfill its redemption obligations in connection with the applicable Maximum Number of Vouchers); (d) the terms and conditions of the Voucher, including any discounts or services offered thereunder do not and will not violate any, local, state, provincial, territorial or federal law, statute, rule, regulation, or order, including but not limited to, any laws governing vouchers, gift cards, coupons, and gift certificates; (e) the Provider’s redemption of the Voucher will result in the bona fide provision of services by Provider to the purchaser; (f) Provider owns all interest in and to the Provider IP and has licensing rights in (with the right to sublicense to DocGiv) the Third Party IP, and has the right to grant the License stated in this Agreement; (g) the Provider IP and the Third Party IP, the Provider Offering, DocGiv’s use and promotion thereof, and the results of such Provider Offerings, will not infringe, dilute, misappropriate, or otherwise violate, anywhere in the world, any patent, copyright, logo, trademark, service mark, trade name, rights in designs, or other intellectual property right or right of privacy or publicity of any third party or any applicable law, and does not and will not result from the misappropriation of any trade secret or the breach of any confidentiality obligations to any person or entity; (h) the Provider IP and Third Party IP does not include any material that is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law; (i) the Vouchers and any advertising or promotion of Provider’s services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable law; (j) Provider and its employees, contractors and agents have had the proper education and training and hold all required and up-to-date regulatory authorization, licenses and certifications relating to any Provider Offering to provide the services described in this Agreement; (k) Provider’s business information and payment information details as provided in this Agreement, indicating where payments should be received from are accurate and Provider is the authorized entity to submit payment of the funds to DocGiv; and (m) the Provider Offering is: (i) free from defects in workmanship, materials and design, (ii) merchantable and suitable for the purposes, if any, stated in the Agreement, and (iii) genuine, bona fide services, as described herein and does not violate the rights of any third party.

10. Indemnification

To the extent allowed under applicable law, Provider agrees to defend, indemnify and hold DocGiv, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys’ fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by Provider of this Agreement, or the representations and warranties made in this Agreement; (b) any claim for state sales, use, or similar tax obligations of Provider arising from the sale and redemption of a Voucher; (c) any claim by any local, state, provincial, territorial or federal governmental entity for unredeemed Vouchers or unredeemed cash values of Vouchers or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest; (d) any claim arising out of a violation of any law or regulation by Provider or governing Provider’s services; (e) any claim by a purchaser or anyone else arising out of or relating to the services provided by Provider, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages; (f) any claim by a purchaser for the Amount Paid; (g) any claim arising out of Provider’s misuse of Customer Data, or any violation of an applicable data privacy or security law; and (h) any claim arising out of Provider’s negligence, fraud or willful misconduct. DocGiv maintains the right to control its own defense and to choose and appoint its own defense counsel, regardless of the presence or absence of a conflict of interest between DocGiv and Provider. Provider’s duty to defend and indemnify DocGiv includes the duty to pay DocGiv’s reasonable attorneys’ fees and costs, including any expert fees.

11. Limitation of Liability

EXCEPT FOR PROVIDER’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT IS EITHER PARTY LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST BUSINESS, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. DocGiv’S SOLE AND COMPLETE LIABILITY TO PROVIDER FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF ANY VOUCHER IS LIMITED TO THE AMOUNT OF FEES RECEIVED BY DocGiv. THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

12. GOVERNING LAW

1. These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, United States.

2. b. Injunctive Relief/Attorneys’ Fees Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to claims that the other party’s conduct may cause the other irreparable injury. In the event DocGiv is the prevailing party in any Dispute, Provider shall pay to DocGiv all reasonable attorneys’ fees and costs incurred by DocGiv in connection with any Dispute.

13. Independent Contractor

1. The parties are independent contractors. Nothing in this Agreement is to be construed to create a joint venture, partnership, franchise, or an agency relationship between the parties. Neither party has the authority, without the other party’s prior written approval, to bind or commit the other in any way.

14. Entire Agreement

1. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.

15. Assignment

Provider is not authorized to transfer or assign its rights or obligations under this Agreement, whether by operation of law or otherwise, without DocGiv’s prior written consent. Any waiver must be in writing and signed by an authorized signatory of DocGiv. DocGiv is authorized to transfer or assign this Agreement to a present or future affiliate or pursuant to a merger, consolidation, reorganization or sale of all or substantially all of the assets or business, or by operation of law, without notice to Provider.

16. Severability

1. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement are not affected.

17. Warranties

1. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS NOR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DocGiv DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH ITS PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE VOUCHERS ARE ERROR-FREE, OR THAT ANY PROVIDER OFFERING WILL RESULT IN ANY REVENUE OR PROFIT FOR PROVIDER.

TERMS OF SALE

By purchasing any Provider Offering or participating in other available programs via DocGiv’s platforms, you agree to the Terms of Use, including, without limitation, the Terms of Sale specified below.

In General

Descriptions of the Provider Offerings and Services advertised on DocGiv’s platforms are provided by the Provider or other referenced third parties. DocGiv does not investigate or vet Providers. DocGiv is not responsible for any claims associated with the description of the Provider Offerings or Services. Pricing relating to certain Provider Offerings, Services, and other available programs on the platforms may change at any time in DocGiv’s sole discretion without notice.

A Provider may advertise services on DocGiv’s platforms that require Provider to have an up-to-date regulatory authorization, license, or certification. DocGiv does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Provider. You should make whatever investigation you deem necessary or appropriate before purchasing any Provider Offering or Services to determine whether: (i) Provider is qualified to provide the advertised service; or (ii) the Service is of the care and quality required. Provider is solely responsible for the care and quality of the services.

DocGiv is not a healthcare provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services or procedures that are advertised on DocGiv’s platforms. DocGiv’s platforms are not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on DocGiv’s platforms.

DocGiv may, in its sole discretion, verify a user’s identity prior to processing a purchase. DocGiv may also refuse to process a purchase, may cancel a purchase, or may limit quantities, to particular users, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sales.

If an offer becomes unavailable between ordering and processing, DocGiv will either cancel or not process the order and will notify you by email.

DocGiv does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. DocGiv reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on DocGiv’s platforms. If this occurs, DocGiv will attempt to notify you by email. In addition, DocGiv reserves the right, in its sole discretion, to correct any error in the stated retail price of the Provider Offering or Services.

Provider Offerings

Vouchers are distributed by DocGiv and are redeemable for certain services offered by the Provider identified on the Voucher at the Promotional Value stated on the Voucher. The Provider is solely responsible for redeeming the Voucher and accepting the payment of the Promotional Value. Furthermore, the Provider is fully and solely responsible for the care and quality of all services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release DocGiv and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Provider in connection with your use of a Voucher or the services a Provider provides in connection with the Voucher.

By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase, the Terms of Use and these Terms of Sale. These rules apply to all Vouchers that we make available, unless otherwise disclosed in connection with the purchase of a particular Voucher, and except as otherwise required by law. In the event of a conflict between these rules and the terms advertised in connection with and on the Voucher at the time of purchase, the terms advertised in connection with and on the Voucher at the time of purchase will control. Any attempt to redeem a Voucher in violation of these Terms of Sales (including, without limitation, the Terms of Use) will render the Voucher void. The Provider is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Provider Offerings on the platforms may change at any time in DocGiv’s discretion, without notice.

A Voucher has three separate values: (i) the non-refundable amount paid to DocGiv to purchase the Voucher, (ii) the promotional value stated on the Voucher that the purchaser must pay the Provider at the time of the redemption of the Voucher; and (iii) the full offer value of the service being provided by the Provider. The promotional value is the additional value beyond the amount paid. For example, if you pay DocGiv a non-refundable $5 fee for a Voucher that entitles you to receive $40 worth of services from a Provider, when you redeem the Voucher and pay the Provider $10 as stated on the Voucher, the non-refundable amount paid is $5 (this amount is non-refundable), the promotional value stated on the Voucher is $15, and the full offer value is $40 (this amount expires 30 days after purchase of the Voucher unless expiration of the promotional value is prohibited by law). The Provider is responsible for permitting you to redeem the Voucher for at least the amount paid, even after the promotional value has expired. The amount paid expires in 30 DAYS. The promotional value of a Voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity.

Within 30 days of purchase, the amount paid for a Voucher may not be transferred or used towards another Voucher, if the Voucher that was originally purchased has not been redeemed.

CUSTOMER TERMS OF USE

overview

The website, www.docgiv.com, the mobile and touch versions and any sites DocGiv has now or in the future that reference these Terms of Use (collectively “Platforms”) are owned and operated by DocGiv. Throughout the Platforms, the terms “we”, “us” and “our” refer to DocGiv. DocGiv offers these Platforms, including all information, tools and services available from these Platforms to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Platforms and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Platforms, including without limitation users who are browsers, vendors, customers, Providers, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our platforms. By accessing or using any part of the Platforms, you agree to be bound by these Terms of Use.

IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE PLATFORMS OR USE ANY SERVICES.

If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Platforms. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platforms following the posting of any changes constitutes acceptance of those changes.

USE OF THE PLATFORMS

By agreeing to these Terms of Use, you represent that you are at least 18 years old and are able to create a binding legal obligation. You represent that you are not barred from receiving services under applicable law. Your use of the Platforms must at all times comply with these Terms of Use, and any purchases will be subject to the applicable Terms of Sale set forth in these Terms of Use. You may not use our Platforms for any illegal or unauthorized purpose nor may you, in the use of the Platforms, violate any laws in your jurisdiction (including but not limited to copyright laws). You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers, and you may only make purchases on the Platforms for your own use and enjoyment or as a gift for another person. You must not transmit any worms or viruses or any code of a destructive nature. You must not attempt to use the Platforms with crawlers, robots, data mining, or extraction tools or any other functionality. You represent that you have the right to provide any and all information you submit to the Platforms, including all account information, and that all such information is accurate, true, current and complete. You represent that you will update and correct information you have submitted to the Platforms, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account). A breach or violation of any of the Terms will result in an immediate termination of your Services.

OWNERSHIP OF THE PLATFORMS AND GENERAL CONDITIONS

The Platforms, any content on the Platforms, and the infrastructure used to provide the Platforms are proprietary to us, our affiliates, certain merchant providers (“Providers”), and other content providers. By using the Platforms and accepting these Terms of Use: (a) DocGiv grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platforms pursuant to these Terms of Use and to any additional terms and policies set forth by DocGiv; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Platforms without the express permission of DocGiv.

We reserve the right to deny service use of the Platforms or an account to anyone for any reason at any time. While we use reasonable efforts to keep the Platforms and your account accessible, the Platforms and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Platforms access, or access to your account due to circumstances both within our control and outside of our control.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on these Platforms is not accurate, complete or current. The material on these Platforms is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these Platforms is at your own risk. These Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these Platforms at any time, but we have no obligation to update any information on our Platforms. You agree that it is your responsibility to monitor changes to our Platforms.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for services are subject to change without notice. We reserve the right at any time to modify or discontinue Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Services.

PROVIDER SERVICES

DocGiv is a platform through which Providers (a) sell vouchers for services (“Vouchers”). Providers are the sellers and issuers of the Provider Offerings and are solely responsible to you for the care, quality, and delivery of the services provided. We do not warrant that the quality of any services purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. DocGiv may disclose identifiable information, such as name, phone numbers, address, and email addresses, to Providers after a voucher is purchased for the purpose of facilitating appointment scheduling. When such information is disclosed to or used by Providers for facilitating appointment scheduling, such disclosure and use shall be in compliance with the Provider’s privacy policy and state and federal law. Certain services may be available exclusively online through the Platforms. These services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or service pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any service made on these Platforms is void where prohibited.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You may only create and hold one account on the Platforms for your personal use and must register using a valid credit card. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Platforms. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You understand and agree that DocGiv shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Platforms or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current, or future account credits, and any other forms of unredeemed value in your account without notice. Upon termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our Services or the Platforms, including, without limitation, requirements for use.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platforms is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the platforms (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Use.

THIRD-PARTY LINKS

Certain content and services available via our Platforms may include materials from third-parties. Third-party links on these Platforms may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

DocGiv’s Platforms may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, and any other content or material submitted or posted to the Platforms (collectively, ” User Content “) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Platforms from time to time. You may be required to have a DocGiv account to submit User Content.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. DocGiv does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy.

You further agree that your User Content will not contain libelous or otherwise unlawful, abusive, harmful, tortious, threatening, racist, infringing, pornographic, obscene, violent, misleading, defamatory, invasive of the privacy of another person, or violative of any third-party rights; or contain any computer virus or other malware that could in any way affect the operation of our Services or any related platforms. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any User Content you submit and their accuracy. We take no responsibility and assume no liability for any User Content provided by you or any third-party. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. DocGiv shall have the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by DocGiv, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, DocGiv shall have the right to remove any material from the Platforms or any other DocGiv controlled platforms, in its sole discretion. DocGiv assumes no liability for any User Content or other information that appears or is removed from the Platforms or elsewhere. DocGiv has no obligation to use User Content and may not use it at all. In some instances, and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. DocGiv makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Platforms or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

You understand and agree that User Content is public. Any person (whether or not a user of DocGiv’s Services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. DocGiv is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content. Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by DocGiv. Other users may post User Content that is inaccurate, misleading, or deceptive. DocGiv does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of DocGiv. DocGiv does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Platforms, including, without limitation, any objectionable User Content.

PERSONAL INFORMATION

Your submission of personal information through our Platforms is governed by our PRIVACY POLICY which is incorporated in and subject to these Terms of Use.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Platforms or in the Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related platforms is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services or on any related platforms, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related platforms, should be taken to indicate that all information in the Services or on any related platforms has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Platforms or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related platforms, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape, or any other automated means or any manual process for any purpose without our express written permission; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related platforms, other websites, or the Internet; (l) to collect from the Platforms, including, without limitation, in connection with current or previously offered deals, and feature such content to consumers in any manner that diverts traffic from the Platforms without our express written permission; (m) to take any action that places excessive demand on our Services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); (n) to resell or repurpose your access to the Platforms or any purchases made through the Platforms; (o) to exceed or attempt to exceed quantity limits when purchasing Provider Offerings, or otherwise using any DocGiv account to purchase Provider Offerings or services for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Platforms; (p) to violate the restrictions in any robot exclusion headers on the Platforms or bypassing or circumventing other measures employed to prevent or limit access to the Platforms; (q) to aggregate any current or previously-offered deals or content or other information from the Platforms (whether using links or other technical means or physical records associated with purchases made through the Platforms) with material from other sites or on a secondary site without our express written permission; (r) to deep-link to any portion of the Platforms (including, without limitation, the purchase path for any Voucher) without our express written permission; (s) to hyperlink to the Platforms from any other website without our initial and ongoing consent; or (t) to act illegally or maliciously against the business interests or reputation of DocGiv, Providers, or our Services.

To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of our Service or Platforms, we may limit or terminate your privileges on the Platforms and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Services delivered to you through the Platforms are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall DocGiv, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services procured using the Platforms, or for any other claim related in any way to your use of the services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platforms or any content (or services) posted, transmitted, or otherwise made available via the Platforms, even if advised of their possibility. 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 to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless DocGiv and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, User Content submitted or posted by you in connection with the Platforms, fraud you commit or your intentional misconduct or gross negligence, or your violation of any law or the rights of a third-party. You are solely responsible for your interactions with Providers and other users of the Platforms. To the extent permitted under applicable laws, you hereby release DocGiv from any and all claims or liability related to any service of a Provider, regardless of whether such service is a Provider Offering available through the Platforms, any action or inaction by a Provider, including, without limitation, but not limited to any harm caused to you by action or inaction of a Provider, a Provider’s failure to comply with applicable law and/or failure to abide by the terms of a Provider Offering or any other product or service purchased or obtained by you from the Provider, and any conduct, speech or User Content, whether online or offline, of any other third-party.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platforms. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platforms (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on these Platforms or in respect to the Platforms constitutes the entire agreement and understanding between you and us and govern your use of the Platforms, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, United States.

CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Platforms. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. Your continued use of or access to our Platforms or our Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes and the Terms of Use as modified. If you do not agree to the changes, you may close your account and you should not use the Platforms or any Services offered through the Platforms after the effective date of the changes. It is your responsibility to check our Platforms periodically for changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes.

TERMS OF SALE

By purchasing or obtaining any Provider Offering via the Platforms, you agree to these Terms of Use, including, without limitation, the Terms of Sale, available Terms of Sale .

COPYRIGHT AND TRADEMARKS

The Platforms contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Platforms are protected by copyright, trademark, and other intellectual property laws of the United States. DocGiv owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of DocGiv or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

Other marks on the Platforms not owned by DocGiv may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of DocGiv unless otherwise stated, or may be the property of their respective owners. You may not use DocGiv’s name, logos, trademarks or brands, or trademarks or brands of others on the Platforms without DocGiv’s express permission.

ELECTRONIC COMMUNICATIONS

When you use the Platforms or send emails to DocGiv, you are communicating with us electronically and consent to receive electronic communications related to your use of the Platforms. We will communicate with you by email or by posting notices on the Platforms. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Platforms or from which you otherwise email us.

FORCE MAJEURE

DocGiv shall be excused from performance under these Terms of Use, to the extent it or a Provider is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of DocGiv or a Provider, as applicable.

ASSIGNMENT

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of DocGiv. Any attempted assignment that does not comply with these Terms of Use shall be null and void. DocGiv may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at support@docgiv.com.

OVERVIEW AND ACCEPTANCE OF TERMS

DocGiv is a platform exclusively for healthcare providers (“Providers”). You must agree to these Terms of Use to the website, www.docgiv.com, the mobile and touch versions and any Platforms DocGiv has now or in the future that reference these Terms of Use (collectively “Platform”). You should carefully read these Terms of Use and the legal provisions within it. Throughout the Terms of Use, the terms “we”, “us” and “our” refer to DocGiv.

These Terms of Use do not apply to any website, mobile and touch version, or electronic service that is accessed or products that are purchased by any individual purely for personal, household, or family use or consumption (i.e., it does not apply to individuals that purchase DocGiv vouchers for use with services for personal consumption) through our Platform which access, use, purchase, or relationship is governed by the DocGiv Terms located here and the Privacy Policy located here.

IMPORTANT. THESE TERMS OF USE ARE IN ADDITION TO ANY OTHER AGREEMENT(S) BETWEEN YOU AND DocGiv. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS OF USE AND SUCH AGREEMENT(S), THE OTHER AGREEMENT(S) WILL CONTROL.

By using our Platform, any service provided through the Platform, or installing mobile or touch versions that allow access to content or services provided through the Platform, you agree to be bound by these Terms of Use, and any additional terms applicable to certain programs in which you elect to participate, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP ACCESSING THE PLATFORM AND DO NOT USE ANY DocGiv SERVICE OFFERED THROUGH THE PLATFORM.

USE OF THE PLATFORM

By agreeing to these Terms of Use, you represent that you are at least 18 years of age and are able to create a binding legal obligation. Your use of the Platform must at all times comply with these Terms of Use. You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for the use of your account by anyone you allow to access it. You represent that you have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current and complete.

You may not use our Platform for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws or rules in your jurisdiction (including but not limited to copyright laws and rules promulgated by regulatory bodies from which you have received your license to practice).

You must not transmit any worms or viruses or any code of a destructive nature. You must not attempt to use the Platform with crawlers, robots, data mining, or extraction tools or any other functionality.

You represent that you will update and correct information you have submitted to the Platform, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

OWNERSHIP OF THE PLATFORM AND GENERAL CONDITIONS

The Platform, any content on the Platform, and the infrastructure used to provide the Platform are proprietary to us, our affiliates, certain merchant providers (“Providers”), and other content providers. By using the Platform and accepting these Terms of Use: (a) DocGiv grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platform pursuant to these Terms of Use and to any additional terms and policies set forth by DocGiv; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Platform without the express permission of DocGiv. We reserve the right to deny service, use of the Platform, or an account to anyone for any reason at any time. While we use reasonable efforts to keep the Platform and your account accessible, the Platform and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Platform access, or access to your account due to circumstances both within our control and outside of our control. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

TRANSMISSION OF INFORMATION

Because we do not control the security of the Internet or other networks you use to access the Platform or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with DocGiv and the Platform while it is being transmitted. In addition, DocGiv is not responsible for any data lost during transmission. Additionally, DocGiv may disclose Customer Data, such as name, phone numbers, address, and email addresses, to you after a voucher is purchased for the purpose of facilitating appointment scheduling. When such information is disclosed to or used by you for facilitating appointment scheduling, such disclosure and use shall be in compliance with the Business Associate Agreement between you and DocGiv, your privacy policy and state and federal law.

MODIFICATIONS TO THESE TERMS OF USE

We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. If we make changes that materially affect your use of the Platform or our Services we will notify you by posting notice of the change on the Platform. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Platform. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of such changes. Your use of the Platform after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Platform including, but not limited to, requirements for access or use.

YOUR CONDUCT ON OUR Platforms

The Platform and other websites operated by DocGiv that is available to End Users is private property (collectively, the “DocGiv Platforms”). All interactions on the DocGiv Platforms must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other users from using or enjoying any part of the DocGiv Platforms, we may limit your privileges on the Platform and seek other remedies.

The following conduct is prohibited on the DocGiv Platforms and constitute express violations of these Terms of Use:

1. Submitting any purposely inaccurate information, committing fraud or falsifying information;
2. Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
3. Attempting to scan, or test the security or configuration of the DocGiv Platforms or to breach security or authentication measures without proper authorization;
4. Tampering or interfering with the proper functioning of any part, page or area of the DocGiv Platforms and any and all functions and Services provided by DocGiv;
5. Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Platform, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the DocGiv Platforms;
6. Using the DocGiv Platforms or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with DocGiv, without DocGiv prior written consent;
7. Reselling or repurposing your access to the DocGiv Platforms;
8. Using the DocGiv Platforms or any of its resources to solicit DocGiv customers, Providers or other business partners of DocGiv to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with DocGiv, including without limitation, aggregating current or previously offered deals;
9. Using any DocGiv customer or Provider information that is not your information from the DocGiv Platforms for any commercial purpose, including, but not limited to, marketing;
10. Offering vouchers or otherwise using any DocGiv account to offer vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by agreement between you and DocGiv;
11. Accessing, monitoring or copying any content or information from any DocGiv Platforms using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
12. Violating the restrictions in any robot exclusion headers on any DocGiv Platforms or bypassing or circumventing other measures employed to prevent or limit access to the DocGiv Platforms;
13. Taking any action that places excessive demand on our Services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion) supporting the DocGiv Platforms;
14. Aggregating any live or post-feature content or other information from the DocGiv Platforms (whether using links or other technical means or physical records associated with purchases made through the DocGiv Platforms) with material from other Platforms or on a secondary Platform without our express written permission.
15. Deep-linking to any portion of the DocGiv Platforms (including, without limitation, the purchase path for any voucher) without our express written permission;
16. Acting illegally or maliciously against the business interests or reputation of DocGiv, our other Providers or our services; or
17. Hyperlinking to the DocGiv Platforms from any other website without our initial and ongoing consent

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

UNSOLICITED IDEAS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

PUBLIC NATURE OF YOUR STATEMENTS

You understand and agree that all statements are public and not private. Any other person (whether or not a user of DocGiv’s Services) may read your statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Policy) in your statements. DocGiv does not control or endorse any statement found in any part of the Platform, and we specifically disclaim any liability concerning the statements in any part of the Platform, including any objectionable content. Any and all statements you post to DocGiv Platforms are not confidential.

LICENSE GRANT

By posting statements or other information on or through the Platform, you grant DocGiv a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The Service and all products and services delivered to you through the Platform are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall DocGiv, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Platform, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. 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 to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless DocGiv and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of or related to any services provided by you in connection with the DocGiv Platform, or arising out of your breach of these Terms of Use or the documents they incorporate by reference.

You are solely responsible for your interactions with your patients and other users of the DocGiv Platform. To the extent permitted under applicable laws, you hereby release DocGiv from any and all claims or liability related to any service you make or offer to End Users, your statements, any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by the terms of a voucher, and any conduct or speech, whether online or offline, of any other user or merchant.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Platform or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, United States.

CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Platform. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. Your continued use of or access to our Platform or our Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes and the Terms of Use as modified. If you do not agree to the changes, you may close your account and you should not use the Platform or any services offered through the Platform after the effective date of the changes. It is your responsibility to check our Platform periodically for changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes.

COPYRIGHT AND TRADEMARKS

The Platform contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Platform are protected by copyright, trademark, and other intellectual property laws of the United States. DocGiv owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of DocGiv or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

Other marks on the Platform not owned by DocGiv may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of DocGiv unless otherwise stated, or may be the property of their respective owners. You may not use DocGiv name, logos, trademarks or brands, or trademarks or brands of others on the Platform without DocGiv’s express permission.

COMMUNICATIONS AND MARKETING

DocGiv may allow you to use the Platform to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the DocGiv Platform from time to time. DocGiv shall have the right, but not the obligation, to monitor the content within the Platform at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by DocGiv, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, DocGiv shall have the right, but not the obligation, to remove any material from the Platform that DocGiv, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Platform (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of DocGiv. You may have the opportunity to request additional information about DocGiv’s services, register for Provider newsletters, or otherwise make inquiries by submitting your business contact information through the Platform. You agree that we may use your contact information to provide you with the information you requested. You also consent to us using and sharing your contact information to make, and allow others on our behalf to make, unsolicited marketing calls and send you postal and electronic communications (e.g., emails) with information about DocGiv’s products, promotions and/or services that we think may be of interest to you. We may also use your contact information to solicit your views on our services, develop new offers and promotions, and for market research. When you use the Platform or send emails to DocGiv, you are communicating with us electronically and consent to receive electronic communications related to your use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Platform or from which you otherwise email us.

WEB BROWSER COOKIES

Our Platform may use “cookies” to enhance Provider experience. Provider’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Provider may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Platform may not function properly.

FORCE MAJEURE

DocGiv shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of DocGiv, as applicable.

ASSIGNMENT

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of DocGiv. Any attempted assignment that does not comply with these Terms of Use shall be null and void. DocGiv may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at support@docgiv.com