Privacy
Last updated: February 29, 2024
This Privacy Policy explains how information about you is collected, used, and disclosed by Doctor's Choice. This Privacy Policy applies to information we collect when you register for an account or use our websites, platforms, mobile applications, and other online products and services that link to this Privacy Policy (collectively, the "Services").
Please read carefully prior to using our services. By entering and using this Site, you affirm that you have read and understood this Privacy Policy and Terms & Conditions of Use, and that you agree to abide by them. If you do not agree to abide by Doctor's Choice’s Terms & Conditions of Use and this Privacy Policy, you may not enter, access, or otherwise use our Services. The use of our Services is conditioned upon your acceptance of the terms and conditions contained in this Privacy Policy which is part of and incorporated by reference into the Terms & Conditions of Use of the Site.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy from time to time to stay informed about our information practices and the ways you can help protect your privacy.
Collection of Information
Information You Provide to Us
We collect the information you provide directly to us. For example, we may collect information when you use our search bar, fill out a form, register for an account, submit a review, respond to a survey, apply for a job, request customer support, or otherwise communicate with us. The types of information we may collect include your name, contact information (such as email address, postal address, phone number, and mobile number), age, date of birth, gender, health insurance information, location, provider preferences, availability, the health condition for which you are seeking a provider, provider feedback, and other information you choose to provide including such unique identifiers such as passwords.
Information We Collect Automatically When You Use the Services
When you access or use our Services, we automatically collect information about you, including:
Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, search terms, your IP address, and the page you visited before navigating to our Services.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, device identifiers, and mobile network information.
Location Information: We may collect information about the location of your device each time you access or use one of our mobile applications or otherwise consent to the collection of this information.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
Collection and Use of Real-Time Location from Mobile Devices
If you use our Mobile Application or our Mobile Web Application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant information. We will not share your current location with other users or partners. If you do not want us to collect and use your location for these purposes, you should turn off the location services for the mobile application or your browser located in your account settings or in your mobile device settings and/or within the mobile application or browser.
Collection and Use of Anonymous Information
We use analytics tools and other third-party technologies (such as Google Analytics) to track and analyze your usage of our sites through the use of cookies, pixel tags/web beacons, and similar technologies. These technologies collect information that relates to, but is not limited to, how certain features of our Services are used, pages viewed, time spent on pages, links clicked, the general region from which our visitors are contacting us, and how many people visit our website at any given time. The information collected on our behalf by these third parties is anonymous and does not include your name, address, phone number, insurance information, or email address. Doctor's Choice uses this information to, among other things, analyze and track data, determine the popularity of certain content, deliver content targeted to your interests, improve the Services, and better understand your use of the Services.
You may opt-out of the tracking by these analytics service providers on their websites:
Google’s privacy policy and various privacy controls and opt-outs, please see www.google.com/analytics/learn/privacy.html.
Mixpanel: You can opt-out of Mixpanel tracking your behavior on your computer or mobile device by visiting: https://mixpanel.com/optout/.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services.
Use of Information
We do not sell or share personal information outside of Doctor’s Choice unless expressly authorized by you or required by law. We DO NOT have 3rd party data sharing.
We may use information about you for various purposes, including to:
Provide, maintain, and improve our Services;
Process transactions, make appointments, ask for feedback, and send you related information, including confirmations and reminders;
Send you technical notices, updates, security alerts, and support and administrative messages;
Respond to your comments, questions, and requests, and provide customer service;
Communicate with you about products, services, offers, promotions, rewards, and events offered by Doctor's Choice and others and provide news and information we think will be of interest to you;
Monitor and analyze trends, usage, and activities in connection with our Services, and to develop new services;
Detect, investigate, and prevent fraudulent transactions and other illegal activities, and protect the rights and property of Doctor's Choice and others;
Personalize and improve the Services and provide content or features that match user profiles or interests;
Link or combine with information we get from others to help understand your needs and provide you with better service; and
Carry out any other purpose for which the information was collected.
Doctor's Choice is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Sharing of Information
We may share personally identifiable information about you as follows or as otherwise described in this Privacy Policy:
With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf and who are not permitted to use such information for other purposes (“Service Providers”). If the information we need to share with vendors encompasses Personally Identifiable Health Information (“PHI”), then Service Providers will have a Business Associate Agreement.
In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
Any health information you share with us will only be used for intended purposes and will not be shared with any other Party absent your consent.
We may also share aggregated or anonymized information, including health information that does not directly identify you in internal uses for improving business processes or Services.
Social Sharing Features
The Services may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish, with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Security
Doctor's Choice takes reasonable measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.
Your Choices
Account Information
You may update, correct, or delete information about you at any time by emailing us at help@DoctorsChoiceUSA.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Promotional Communications
You may opt-out of receiving promotional emails from Doctor's Choice by following the instructions in those emails or text messages or by emailing us at support@DoctorsChoiceUSA.com. If you opt-out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
Children’s Privacy
We are committed to protecting the privacy of children. Neither this Site nor any of the Services offered on this Site are intended or designed for use by children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Changes to the terms of this notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be posted on our website.
Effective date 12/1/2017.
Contact Us
If you have any questions about this Privacy Policy, please contact us at help@DoctorsChoiceUSA.com.
Legal
Limited Liability
In no event shall Doctor’s Choice or its affiliates be liable for any damages resulting from the use or inability to use this website.
Copyright and Trademark
All materials on this website including design, layout, organization, and content are owned by Doctor’s Choice and protected by U.S. and international copyrights.
Access, download, or print of Doctor’s Choice content for personal use is permitted.
User responsibilities
Not allowed:
Using the site in any ways which may affect the usability for other users
Using the site in violation of local, state, national, or international law
Posting material which is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary rights
Anything that can be construed as “spamming” or “trolling”
Impersonating any person or give misleading information regarding the origin of posted content
Doctor’s Choice reserves the right to review, remove, or edit visitor content such as comments at its discretion and assumes no responsibility or liability for third party content. Doctor’s Choice is granted unrestricted rights to use or distribute visitor content posted on the site free of charge.
Terms
Date of Last Revision: Sept 23, 2019
By using the Doctor’s Choice Platform, you agree to be bound by the Terms written or referenced below. If you do not agree to all of these Terms, then do not use the Platform because your use constitutes acceptance of these Terms.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE, MEANING YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION OR OTHER LAWSUIT OR TRIAL BY BY JURY IN FAVOR OF MANDATORY BINDING ARBITRATION.
1. Description of Platform and Service. Insurehealth, Inc. dba Doctor’s Choice (“Doctor’s Choice” or “we”) provides a customized Medicare Roadmap to Clients. The “Platform” includes (a) Doctor’s Choice web site located at https://roadmap.doctorschoiceusa.com and derivatives thereof (the “Site”), (b) Doctor’s Choice technology platform designed to educate on general Medicare rules and rank available Supplemental Medicare plans to those in need of Medicare planning and education, and (c) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively, the “Content”). Any new features added to or augmenting the Platform are also subject to these Terms. The “Matching Services” involve using any and all features, functions, and Content of the Platform that enable clients to identify, review, contact, and otherwise take steps to select a Medicare Supplemental plan, as well as Doctor’s Choice’s work in assisting you (“you” or “Client”) in identifying, reviewing, contacting, and taking steps to enroll in Medicare or Medicare Supplemental Plans. The Matching Services do not include any work performed by the Centers for Medicare and Medicaid, the Social Security Administration or Medicare Supplemental Carriers. For ease of reference, the Site, Plan Network, Platform, plan data or descriptions of plans and plan services, the Matching Services, other Content, Doctor’s Choice’s Proprietary Information, and any other Doctor’s Choice products or services are collectively referred to in these Terms as “Doctor’s Choice Properties.” “Doctor’s Choice Properties” include all such elements as a whole, as well as individual elements and portions thereof. Nothing in these Terms obligates: (1) you to engage Medicare or any particular Medicare Supplemental plan, (2) Doctor’s Choice to provide you or any Client with Matching Services, or (3) Doctor’s Choice to identify a Medicare Supplemental plan for you or any Client’s particular needs.
2. Acceptance of Terms.
a. Acceptance and Legally Binding Agreement. Doctor’s Choice provides the Doctor’s Choice Properties to you through the Site and the Platform, subject to these Terms. By accepting these Terms or by accessing or using any portion of the Doctor’s Choice Properties, you acknowledge that you have read, understood, and agree to be bound by these Terms. You further acknowledge that these Terms are a contract between you and Doctor’s Choice, even though it is electronic and is not physically signed by you and Doctor’s Choice, and it governs your use of the Doctor’s Choice Properties. If you are entering into these Terms on behalf of a company, business or other legal entity (“Client Entity”), you represent that you have the authority to contractually bind such Client Entity to these Terms, in which case the terms “you” or “your” or “Client” will refer to such Client Entity. IF YOU DO NOT HAVE SUCH AUTHORITY TO CONTRACTUALLY BIND SUCH CLIENT ENTITY TO THESE TERMS, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND YOU MAY NOT ACCESS OR USE THE DOCTOR’S CHOICE PROPERTIES.
b. Terms Updates. Doctor’s Choice reserves the right, at its sole discretion, to change or modify portions of these Terms at any time. Doctor’s Choice will post the changes to these Terms on the Site and will indicate at the top of this page the date these Terms were last revised. It is your responsibility to check the Terms periodically for changes. Your continued use of any of the Doctor’s Choice Properties after the date any such changes become effective constitutes your acceptance of the new or revised Terms.
c. Client Use. You agree to provide Doctor’s Choice truthful, accurate, and complete information in all interactions with Doctor’s Choice via any of the Doctor’s Choice Properties. Do not use the Platform in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Platform or any features on the Platform (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account, prohibit you from using the Platform, and take appropriate legal actions.
d. Consent to Electronic Communication. You consent to receive electronically any communications related to your use of the Platform. We may communicate with you by email or by posting notices on our web site. 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. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting a Roadmap, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
3. Confidentiality. All business, technical or financial information disclosed by Doctor’s Choice via the Doctor’s Choice Properties, including without limitation, the Site, Platform, or Matching Service, is the “Proprietary Information” of Doctor’s Choice. Proprietary Information also includes, but is not limited to, the ranking of Medicare plans and written guidance on enrollment. You will hold in confidence and not disclose to others any Proprietary Information. You will also not use Proprietary Information for any purposes other than evaluation of Doctor’s Choice and Doctor’s Choice Services as an existing or prospective Client of Doctor’s Choice. However, you will not be obligated under this Section 3 with respect to information that you can document is or becomes readily publicly available without restriction and through no fault of you (i.e., information that Doctor’s Choice makes generally available to the public on the Site without requiring acceptance of these Terms or a similar obligation of confidentiality). You may make disclosures of Proprietary Information required by law or court order provided that you give Doctor’s Choice advance written notice.
4. General Conditions/Access and Use.
a. Authorization to Access and Use Doctor’s Choice Properties. (i) Subject to your compliance with these Terms and the provisions hereof, you may access or use the Doctor’s Choice Properties solely for the purpose of your evaluation of Medicare and Doctor’s Choice Services as an existing or prospective Client of Doctor’s Choice. (ii) You will not: (1) allow any competitor of Doctor’s Choice to use or access the Doctors’ Choice Properties, (2) use or access the Doctor’s Choice Properties to develop or enhance any product or service, or (3) copy any ideas, features, functions or graphics of the Doctor’s Choice Properties. You are not permitted to access or use the Doctor’s Choice Properties for public comment unless authorized in writing by Doctor’s Choice. You are also not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Doctor’s Choice Properties. You may only link to the Site or Platform, or any portion thereof, as expressly permitted by Doctor’s Choice. You agree not to access the Site, Platform, or Matching Service by any means other than through the interface that is provided by Doctor’s Choice to access the same, except that you may download, display, and print portions of the Content other than any software, but only to the minimum extent necessary and consistent with the purpose of your access and use of the Doctor’s Choice Properties under these Terms, and provided further that you do not modify such Content in any way and you keep intact all copyright, trademark, and other proprietary notices.
b. Limitations on Access and Use of Non-employees. You also agree to only use the Doctor’s Choice Properties for yourself as a current or former employee of the Sponsoring Employer, your spouse, your dependents, or other family members in your care for the purpose of Medicare planning. You agree not to share the Doctor’s Choice Platform with anyone who does not fit these enumerated relationships.
c. Ownership and Restrictions. All rights, title and interest in and to the Doctor’s Choice Properties will remain with and belong exclusively to Doctor’s Choice. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Doctor’s Choice Properties available to any third party, (b) use the Doctor’s Choice Properties in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Doctor’s Choice Properties or their related components, or (c) modify, adapt or hack the Doctor’s Choice Properties to, or try to, gain unauthorized access to the Doctor’s Choice Properties or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Doctor’s Choice Properties, or any other products or services of Doctor’s Choice that are not readily made available to the general public or to you).
d. Responsibility for Your Data. You are solely responsible for all data, information and other content that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site, Network, Platform, or Matching Service. You authorize us to use the data we collect regarding your use of our Platform and any information you provide us through the Platform in any manner consistent with our Privacy Policy.
e. Limiting Access To Your Account. Doctor’s Choice may access your Account in order to respond to your requests for support (technical or otherwise) or to verify compliance with your obligations to Doctor’s Choice, comply with law, or to maintain and improve its own systems. Doctor’s Choice may, at its option, provide email or other online account support.
f. Reservation of Rights. Doctor’s Choice and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Doctor’s Choice Properties. Doctor’s Choice grants no other rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these Terms. For purposes of using our Platform, you should assume that the technologies and software comprising all or part of the Platform are protected by U.S. Patents and/or that a Patent may be pending and treat the materials accordingly.
g. Third Party Service Providers or Merchants. Doctor’s Choice Properties may grant you access, via links or otherwise, to the websites for third parties, including other service providers and merchants from whom you may obtain services or goods. You understand that we do not operate or control the products or services offered by third parties, and we are not a party to any agreements, dealings or transactions between you and third parties. We take no responsibility for any advertisements, claims or other information supplied by third parties. You use such third party services at your own risk and we do not guarantee or warranty any third party services or goods in any way. We are not responsible for the content of other websites linked via Doctor’s Choice Properties, and the presence of a link on our Platform does not indicate an endorsement of the third party websites by Doctor’s Choice. You agree that the LIMITATION OF LIABILITY in Section 9 of these Terms fully extends to your use of any third party websites including your obtaining of services or goods from third party service providers or merchants.
5. Use of Intellectual Property.
a. Rights in User Content. By posting your information and other content (“User Content”) on or through the Doctor’s Choice Properties, you grant Doctor’s Choice a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Doctor’s Choice Properties in any manner that does not violate the law or our Privacy Policy. Doctor’s Choice has the right, but not the obligation, to monitor the Doctor’s Choice Properties and User Content. Doctor’s Choice may remove or disable any User Content at any time for any reason, or for no reason at all.
b. Transmission of User Content. You understand that the operation of the Site and Platform, including User Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Doctor’s Choice’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Doctor’s Choice Properties. All third party vendors that receive or store identifiable health information have a Business Associate Agreement in place.
c. No Backup of User Content. Accordingly, you acknowledge that you bear sole responsibility for adequate backup of User Content. Doctor’s Choice will have no liability to you for any corruption, deletion, destruction or loss of any of User Content.
d. User Restrictions. Doctor’s Choice will not be liable for any loss that you may incur as a result of someone else using your password or account with or without your knowledge. You may not use anyone else’s account at any time. You may not use your account to engage in any prohibited, fraudulent, unlawful or deceitful conduct, including any conduct that may constitute insurance fraud, misrepresentation, malicious deceit or other conduct prohibited by law or any agreements you enter into with Doctor’s Choice.
e. Feedback. You may submit ideas, suggestions, or comments (“Feedback”) regarding the Doctor’s Choice Properties or Doctor’s Choice business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and Doctor’s Choice may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether Doctor’s Choice considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.
6. Your Representations and Warranties. You represent and warrant to Doctor’s Choice that (a) you own all User Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Doctor’s Choice to use the same as permitted in this Agreement) in connection with the Doctor’s Choice Properties; (b) User Content and other activities in connection with the Doctor’s Choice Properties, and Doctor’s Choice exercise of all rights and licenses granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (c) you are eighteen (18) years of age or older.
7. Termination. These Terms applies and remains in effect until you no longer are using or accessing the Doctor’s Choice Properties, provided however that all provisions of a continuing nature including, without limitation, those set forth in the following sections will survive the termination of these Terms: 2 - 12.
8. NO WARRANTIES AND DISCLAIMER BY DOCTOR’S CHOICE. THE DOCTOR’S CHOICE PROPERTIES, AND PARTICULARLY THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND DOCTOR’S CHOICE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT DOCTOR’S CHOICE DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE DOCTOR’S CHOICE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND DOCTOR’S CHOICE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE DOCTOR’S CHOICE PROPERTIES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM DOCTOR’S CHOICE OR THROUGH THE DOCTOR’S CHOICE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. We reserve the right in our sole discretion to add, remove, edit or re-post documents, information or other content featured on our Platform.
9. LIMITED LIABILITY.
a. Exclusion of Damages and Limitation of Liability. DOCTOR’S CHOICE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF DOCTOR’S CHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF DOCTOR’S CHOICE WITH REGARD TO THESE TERMS WILL IN NO EVENT EXCEED USD $100.00.
b. Jurisdictional Limitations. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, DOCTOR’S CHOICE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Dispute Resolution; Jury Waiver. THESE TERMS IS MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF DELAWARE APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these Terms or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware; (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY; and (c) consents to service of process by first class certified mail, return receipt requested, postage prepared, to the address at which such party is to receive notice in accordance with Section 11.
11. Miscellaneous. These Terms, together with Doctor’s Choice’s Privacy Policy constitute the entire agreement between the parties. In accordance with Section 12, a Master Services Agreement will take precedence over and will govern over any inconsistent or conflicting terms in these Terms, with respect to the Matching Services and the other subject matter of the Master Services Agreement. For clarification your access to and use of the Site, Platform, and Content provided through the Site or Platform is not part of the subject matter of the Master Services Agreement and the provisions of these Terms will apply thereto. The failure of Doctor’s Choice to exercise or enforce any right or provision of these Terms will not be a waiver of that right. No waiver, change, or modification to these Terms will be effective unless in writing signed by both parties. Any notices to Doctor’s Choice in connection with this agreement will be made by email transmitted to provided that you also send a copy of such notice via nationally recognized carrier to Doctor’s Choice, 30 Quaker Lane, Suite 35, Warwick, RI 02886, Attn: Contract Administration. Notices to you will be made by email or regular mail and will be deemed to have been duly given when sent by Doctor’s Choice to the email or mailing address associated with your account. You agree that Doctor’s Choice is entitled to seek injunctive and other equitable relief to enforce your obligations in Sections 3 and 4 to avoid harm that cannot adequately be remedied by monetary damages. The section and subsection headings used in these Terms are for convenience only and will not be used in interpreting these Terms. In the event that any provision of these Terms will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these terms will otherwise remain in full force and effect and enforceable.
12. Applicable Agreements. Doctor’s Choice performs services pursuant to Master Services Agreements with sponsoring Employers that Employers and Doctor’s Choice enter into separate from these Terms (“Master Services Agreements”). Employer’s access or use of the Doctor’s Choice Properties other than Matching Services always will be governed by the then-current Terms. Your access and use of Matching Services also will be governed by the then-current Terms, unless you are accessing and using the Matching Services while you are a party to an active Master Services Agreement, in which case your access and use of the Matching Services will be governed solely by the Master Services Agreement in connection with which you are accessing and using the Matching Services.
13. Final Note. The following only apply to Employers: Employees of Employer are allowed to view plan-specific information contained in the Roadmap. End Users’ identifiable information will not be disclosed or shared with their Employers. The following applies to Financial Advisors, and any other potential future users of the Roadmap: The Roadmap is for financial advisor use only, clients are not permitted to view any plan specific information of the Roadmap until further notice.