Terms of Use

Effective: October 15, 2017

Your access to and use of the dpchealthcare.com website (the “Website”) is subject to the following terms and conditions, which is an agreement (the “Agreement”) between you and the Website and DPC Healthcare Physician Services, Inc., on behalf of itself and the clinics managed by DPC Healthcare, LLC (collectively, “DPC Healthcare”, “we” or “us”). This Agreement also incorporates our Website Privacy Policy (available at dpchealthcare.com) as if set forth at length herein. BY USING THE WEBSITE YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE REFRAIN FROM USING THE WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN.

The information on this Website is for informational purposes only and is not intended as a substitute for advice from your own physician or other health professional. You should not use the information contained on this site for diagnosing or treating a health problem or disease, or prescribing any medication. You should consult with a healthcare professional if you have or suspect you might have a health problem.

CONDITIONS TO USE THE WEBSITE

Your permission to use the Website is conditioned upon your agreement that you:

  • will comply with these Terms of Use;
  • are 18 years of age or older; will not copy or distribute any part of the Website in any manner without our prior written consent;
  • will provide accurate information when creating an account or registering for our Website;
  • will not allow others to use the Website under your User ID and account;
  • are solely responsible for your User ID and the activity that occurs through your User ID;
  • will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;
  • are solely responsible for any content provided by you on the Website, including, but not limited to, any discussion posts, profile information, links and pictures, including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to others’ proprietary rights;
  • grant the Website and other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of and/or display any materials provided by you (this is not applicable to personal information submitted to request services); and
  • agree we have the right to remove any and/or all of your content and terminate your account with or without prior notice.

YOUR ACCOUNT/PROFILE

To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.

Because sharing User IDs is prohibited we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at info@dpchealthcare.com.

YOUR CONTENT

We reserve the right to authorize the publishing of various content provided by you (“User Generated Content or UGC”). You agree not to post or use any UGC in any way that:

  • infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;
  • violates the privacy, publicity, or other rights of third parties;
  • is unlawful, false, inaccurate, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or
  • could damage DPC Healthcare, its affiliates, advertisers, or other parties.

We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violations of these terms, terminate user accounts or take other actions. We are not responsible for any harm to you caused by UGC. 

YOUR CONDUCT

By using the Website, you agree not to:

  • conduct or promote any illegal activities;
  • attempt to reverse engineer or interfere in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);
  • attempt to gain access to secured portions of the Website;
  • use the Website to generate unsolicited email advertisements or spam;
  • use any automatic or manual process to search or harvest information from the Website;
  • interfere in any way with the proper functioning of the Website; or
  • impersonate another user.

THIRD PARTY WEBSITES

As a convenience to you, we may provide on this Website links to Websites operated by other entities. If you use these Websites, you will leave this Website. If you decide to visit any linked Website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and do not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon.

NO LIABILITY FOR ACTS OF ADVERTISERS

You waive and release DPC Healthcare, our officers, directors, managers, representatives, employees and agents and all of our affiliates, related companies and their officers, directors, managers, representatives, employees and agents from, any claims, liabilities, damages, or injury arising from or related to any act or omission of any of the advertisers and/or any goods and/or services provided in connection therewith.

Likewise, we make no representations, endorsements or warranties regarding the merchantability, suitability, reputation, professionalism or any other warranties of any kind whatsoever regarding any advertisement on the Website.

CHANGES

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Website after any changes to this Agreement are posted will be considered acceptance of those changes.

TERMINATION

We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. A termination will result in the immediate cessation of access to the Website. The Disclaimer of Warranties and Limitation of Liability, Indemnity and all terms and conditions related to your UGC shall survive the termination of this Agreement.

INTELLECTUAL PROPERTY

We, or those from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.

We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”), unless they are marks used by merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.

You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose.

COPYRIGHT NOTICE

If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to info@dpchealthcare.com or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.” Your notice needs to include: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ACKNOWLEDGEMENT OF CONSENT

You wish to receive medical services from DPC Healthcare and consent to the provision of medical services during your initial visit and future visits, including minor procedures that may be necessary (for example, sutures). You understand that you may withdraw your consent at any time by making it known to the provider treating you.

CHOICE OF LAW AND JURISDICTION

This Website is controlled, operated and administered by DPC Healthcare from its offices within the State of Texas. You acknowledge and agree that the place of performance of this Agreement and exclusive jurisdiction shall be only the State of Texas. This Agreement shall be governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions. Any claim or dispute between you and us, our officers, directors, managers, agents, affiliates and vendors that arises out of or relates to this Agreement or use of the Website shall be decided exclusively by a court of competent jurisdiction located in Dallas County, Texas.

INDEMNITY

You agree to defend, indemnify, and hold DPC Healthcare, its officers, directors, managers, employees, affiliates, representatives and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation reasonable legal and accounting fees) arising from: (i) your violation of the Terms of Use; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.

DISCLAIMER OF WARRANTIES

THE MATERIALS ON THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. WE MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.

THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR GUARANTEES.

LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

In connection with the foregoing release, you hereby waive your rights under laws or regulations which state: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” or similar language.

ENTIRE AGREEMENT

This Agreement, including the Website Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

MISCELLANEOUS

The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.