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AccidentDoctors911

TERMS OF SERVICE

Effective as of November 1, 2021

These Terms of Service constitute an Agreement between You, the User (“User,” “You,” “Your,” and “Yourself”), and CJNS DIGITAL MEDIA, LLC, (“AccidentDoctors911,” “We,” “Us,” or “Our”) and our Affiliates, to the extent expressly stated. The Terms of Service (“Terms of Service,” “Terms,” or “Agreement”), together with our Privacy Policy, govern your access to and use of https://www.accidentdoctors911.com (“Website”) and any software, application, content, functionality, and services (collectively, the “Services”), offered by AccidentDoctors911, to both Guests or registered Users.

Please read the Terms of Service carefully before you start to use or access our Services. THIS AGREEMENT IS AN ELECTRONIC CONTRACT THAT SETS OUT LEGALLY BINDING TERMS, INCLUDING A MANDATORY ARBITRATION CLAUSE AND A NOTICE TO OPT-OUT OF SUCH ARBITRATION. By using our Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms of Service, you must not access or use our Services.

If your use of the Services is terminated for any reason, then: 

  1. this Agreement will continue to apply and be binding upon you with regard to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and 
  2. any rights or licenses granted to us under this Agreement will survive such termination. AccidentDoctors911’s collection and use of Personal Information in connection with the Services is described in AccidentDoctors911’s Privacy Policy.

TABLE OF CONTENTS

1. Age Restrictions

2. Revisions to the Terms of Service

3. About AccidentDoctors911

4. No Doctor-Patient Relationship

5. User Acknowledgements

6. Privacy Policy

7. Informed Consent

8. Healthcare Provider Accounts

9. Healthcare Provider Acknowledgements

Healthcare Provider-User Interactions

10. Health Insurance

11. Prohibited Uses

12. Violations of the Terms of Service and  Account Termination

13. Intellectual Property Rights

Copyright Infringement

14. Method of Receiving Payments from  Healthcare Providers

15. Third-Party Content, Advertisements, and Promotions

16. Warranty Disclaimer

17. Limitation of Liability

18. Indemnification

19. Dispute Resolution

Settling Controversies with AccidentDoctors911 Through Arbitration

Jury Waiver

Option to Opt Out of Arbitration and Waiver

Rules of Arbitrating with AccidentDoctors911

Small Claims Court Proceedings

Claims for Violations of Intellectual Property Rights

Governing Law and Exclusive Venue of Judicial Proceedings

Severability of Arbitration Provision

20. Survival

21. Assignability

22. Waiver and Severability

23. Accessing the Website Outside of the United States

24. Consent to Use Electronic Records

25. Entire Agreement

26. Contact Us

1.  Age Restrictions

The Website and Services are intended for Users of ages eighteen (18) years and older. By accessing or using the Services, you represent and warrant that you are at least 18 years old and that you possess the legal right and ability to enter into these Terms of Service and to use the Services in accordance with these Terms.

If you are under 18, you must obtain your parent or guardian’s permission to use the Service. Please have them read these Terms with you.

If you are a parent or legal guardian of a user under the age of 18, you agree to monitor your child’s activity on the Service at all times. By allowing your child to use the Service, you are subject to the terms of these Terms and responsible for your child’s activity on the Service.

 2. Revisions to the Terms of Service

We may revise and update these Terms from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately once we post them. AccidentDoctors911 may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Website and emailing our registered Users. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms. 

You understand that your continued use of the Website or Services, following the Effective Date, means that you accept and agree to be bound by these Terms. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.

3. About AccidentDoctors911

Subject to the Terms of Service, AccidentDoctors911grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms of Service. Portions of the Services can be viewed without an AccidentDoctors911 account, including the Website’s Content. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available or otherwise found through the Services, including without limitation, content provided in direct response to your questions or postings. 

You acknowledge that although some Content may be provided by medical professionals, the provision of such Content does not create a medical professional-patient relationship and does not constitute an opinion, medical advice, or diagnosis or treatment but is provided to assist you in choosing a doctor, dentist, or other healthcare specialist, professional, provider, organization, or agents or affiliates thereof (collectively, “Healthcare Providers”) or otherwise be generally informative.

We offer our users the ability to book medical appointments with and to receive recommendations for Healthcare Providers. Healthcare Providers must create an account (an “Account” or “Healthcare Provider Account”) and provide certain background information during registration. Users who use the Website to search for Healthcare Providers do not need to register for an Account. If you do provide us with any information, you authorize AccidentDoctors911 to use and disclose it as described in our Privacy Policy.

While We make reasonable efforts to provide you with accurate Content, We make no guarantees, representations or warranties, whether expressed or implied, with respect to any content, including but not limited to descriptions of professional qualifications, expertise, quality of work, price or cost information, insurance coverage, or benefit information. 

In no event shall We be liable to you or anyone else for any decision made or action taken by you in reliance on any such Content. Furthermore, while We may present certain Healthcare Providers we believe would be a better match for you based on certain criteria such as location, availability, specialty, etc., We do not in any way endorse, refer, or recommend any individual or entity listed in Content or accessible through the Services.

4. No Doctor-Patient Relationship

Healthcare Providers use the Services to share content with you, but your use of this Content is not a substitute for healthcare. No doctor-patient relationship or any other fiduciary relationship of confidentiality is created with the Healthcare Providers through your use of our Services or Content. This is true whether such Content is provided by or through the use of the Services or through any other communications from AccidentDoctors911, including any assistance We may provide to help you find an appropriate Healthcare Provider based on certain criteria such as location, availability, specialty, etc.

AccidentDoctors911 encourages Healthcare Providers to use the Services responsibly, but we have no control over and cannot guarantee the availability of any Healthcare Providers at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, for any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of our Services whatsoever.

5. User Acknowledgements

Disclaimer: This section 5 only applies to Users, and it does not apply to Healthcare Providers.

By accessing or using the Services, you agree and acknowledge that you:

  • reside in the United States; 
  • meet our Age Requirements to use the Service, as stated above;
  • are aware of the fact that the Services are only a platform to facilitate connections with Healthcare Providers and are not intended to provide medical advice or intended as a platform on which any medical information is exchanged;
  • are fully responsible for all activity occurring under your Account;
  • may lose access or have access to the Website or Services revoked at any time with or without cause;
  • may be denied a consultation by a Healthcare Provider if, for example, the Healthcare Provider determines that she/he cannot provide proper treatment. Any communications or services rendered by a Healthcare Provider are subject to that Healthcare Provider’s professional judgment and terms;
  • may receive a list of recommended Healthcare Providers, based solely on information you have submitted to AccidentDoctors911, and you are ultimately responsible for choosing your Healthcare Provider;
  • will immediately contact a licensed medical professional and/or relevant authorities if you are experiencing a severe physical or mental health condition, including but not limited to experiencing any thoughts of inflicting harm to yourself or others;
  • will not contact Healthcare Providers for services outside of the Website;
  • will not use abusive language when communicating with Healthcare Providers through the Website or Services;
  • will provide current, complete, and accurate information when using the Services; and
  • will schedule appointments, pay any fees, and use the Services in accordance with these Terms and the terms of the applicable Healthcare Provider.

AccidentDoctors911 reserves the right, in its sole discretion, to deny or suspend the use of the Website or Services to anyone for any reason. You understand that AccidentDoctors911 may pre-populate the Services with information for Healthcare Providers or that AccidentDoctors911 may select Healthcare Providers to be featured on the Services based on pre-existing contractual agreements with the Healthcare Providers and such selection is not an endorsement of such Healthcare Providers.

6. Privacy Policy

Your use of the Services may involve the transmission of your personal information to us. Our policies, with respect to the collection, use, disclosure, and protection of such personally identifying information, are governed according to our Privacy Policy, which is incorporated by reference in its entirety. 

If you are a Healthcare Provider, your use of the Services involves your voluntary transmission of your Personal Information to us and to Stripe, Inc. (“Stripe”), our payment processing partner. Here, the Personal Information transmitted is the details involved with your chosen method of payment for AccidentDoctors911’s monthly marketing fees: your account number, or credit or debit card number, in combination with any required security code, access code, password, or other information that would permit access to an individual’s financial account. 

Please review our Privacy Policy before beginning to use our Services. By using our Services, you have also acknowledged and agreed to our Privacy Policy. 

7. Informed Consent

To the extent that any Healthcare Provider on AccidentDoctors911 is considered to practice “telemedicine,” as defined or understood in applicable jurisdictions, Healthcare Providers are solely responsible for providing details of risks, benefits, and feasible alternatives associated with telemedicine (“Informed Consent”).

8. Healthcare Provider Accounts

Healthcare Providers may register for a Healthcare Provider Account on the Website. For these Accounts, Healthcare Providers must provide AccidentDoctors911 with personally identifiable information, such their names, phone number(s), email address(es), and office address(es), and professional and employment information, such as their job title, company’s name, and information about their company and job function. 

Additionally, Healthcare Providers will provide their payment information to pay their registration and marketing fees to AccidentDoctors911. This includes Personal Information such as your card number, billing address and zip code, CCV, expiration date, birthdate, etc.

All Healthcare Providers must first pass a verification process to use the Services. AccidentDoctors911 reserves the right to deny any Healthcare Provider access to or use of the Services at any time, within AccidentDoctors911’s sole discretion.

Healthcare Providers that use our Services are acknowledging and agreeing that our Services will not be directly or indirectly used to: 

  1. view, access or otherwise use, price, availability, or other Content for any purpose other than your own use towards patients and potential patients; 
  2. establish, enforce, or attempts to establish or enforce any agreement or coordination of the prices charged for any product or service, the kinds, frequencies, or amounts of any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation; 
  3. engage in any anti-competitive, deceptive, or unfair practices, including by not limited to, booking fraudulent healthcare appointments, or otherwise violate applicable laws or regulations regarding antitrust, competition, or consumer protection. 

9. Healthcare Provider Acknowledgements

Disclaimer: This section 9 only applies to Healthcare Providers, and it does not apply to Users.

If you are a Healthcare Provider, you represent and warrant that you:

  • are duly licensed without restriction to provide medical services and practice medicine;
  • are not currently excluded, debarred, or otherwise ineligible to provide medical services, and practice medicine in your respective jurisdiction;
  • are not convicted of a criminal offense related to the provision of healthcare items or services;
  • are not under investigation or otherwise aware of any circumstances which may result in your inability to provide therapist services, provide mental performance services and/or practice medicine;
  • comply with all local laws in connection with your use of the Services;
  • possess and maintain malpractice, liability, and any other insurance required for compliance with regulatory and local requirements;
  • possess any and all Federal, State and local licenses and certifications required to practice your applicable profession when using the Services;
  • will not provide your services or engage with users residing outside the United States;
  • will accurately and truthfully submit all appointment information and scheduling information; 
  • will adhere to a reasonable standard of care that otherwise meets the standard of care mandated by your profession when offering services on AccidentDoctors911;
  • will comply with any and all applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”);
  • will comply with all laws in billing for the services performed on the Website or Services;
  • will notify AccidentDoctors911 immediately of any change in status of these representations or warranties;
  • will obtain consent, including Informed Consent, from Users as applicable; and
  • will use the Services in a lawful manner and in accordance with these Terms.

You acknowledge that, in providing the Services, AccidentDoctors911 may: 

  1. update your Healthcare Provider profile with information obtained from third-party sources in consultation with you; 
  2. contact you by phone, email, text, or other media; and 
  3. take all other actions necessary to provide the Services and keep your Healthcare Provider profile complete and current. 

You agree not to falsely express or imply that you are sponsored or endorsed by AccidentDoctors911. You understand and agree that AccidentDoctors911 may, but is not obligated to, review and delete any information you submit that, in the sole judgment of AccidentDoctors911, violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others.

Healthcare Provider-User Interactions

As stated above, AccidentDoctors911 provides a platform to connect Healthcare Providers to potential patients that are Users of our Services. Healthcare Providers are solely responsible for setting their own rates, managing and accepting payment and scheduling sessions. AccidentDoctors911 makes no guarantees/warranties or representations that the rates shown on the Service are accurate and Healthcare Providers may adjust their rates from time to time. 

Once a connection is made, AccidentDoctors911 does not monitor or participate in a Healthcare Provider-User Interaction. AccidentDoctors911 disclaims all warranties in and liability for, and you agree not to hold AccidentDoctors911 liable for, any claim, suit or action brought by a user in connection with the provision of any services by a Healthcare Provider, and the actions or inactions of users, including, without limitation, negative feedback, failure to show up at the designated time for appointments, or failure to comply with these Terms. Healthcare Providers are solely responsible and liable for any damages to a user arising from or related to the provision of Healthcare Providers’ services to that user. Healthcare Provider agrees to indemnify and hold AccidentDoctors911 harmless in connection with any such claim and damages arising therefrom.

10. Healthcare Provider Acknowledgements

Healthcare Providers are solely responsible for accepting health insurance. Whether or not a Healthcare Provider accepts health insurance will be displayed on the Healthcare Provider’s profile. This insurance information is provided by the Healthcare Provider to AccidentDoctors911 and may be changed at the Healthcare Provider’s discretion from time to time. 

While AccidentDoctors911 will occasionally confirm the accuracy of health insurance information with the Healthcare Providers and health insurance company databases, We cannot guarantee the accuracy of which health insurance policies are accepted by a Healthcare Provider at any given time.

11. Prohibited Uses

You may only use our Website and Services for lawful purposes and in accordance with the Terms of Service. 

You agree not to use the Services:

  • in any way that violates any applicable Federal, State, or local law or regulation, including without limitation, any laws regarding the export of data or software to and from the U.S.; 
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • to send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Terms of Service;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • to impersonate or attempt to impersonate AccidentDoctors911, a AccidentDoctors911 employee, another user, or any other person or entity, including without limitation, by using email addresses or account names associated with any of the foregoing; or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm AccidentDoctors911 or our Users, or expose them to liability.

Additionally, you agree not to:

  • use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
  • use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
  • use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent;
  • use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
  • attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
  • circumvent the Services as described above; or
  • otherwise attempt to interfere with the proper working of the Services.

12. Violations of the Terms of Service and Account Termination

Any violation of the Terms of Service may result in immediate termination of your Account without prior warning to you. Additionally, any violation of these restrictions may further subject you to liability for violation of AccidentDoctors911’s intellectual property rights, and possibly additional claims and damages. 

We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice or liability of any kind. You agree that any violation of the Terms of Service will constitute an unlawful and unfair business practice and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. 

You may terminate these Terms, at any time and for any reason, by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account Settings on the Website or by contacting us at: admin@accidentdoctors911.com

You acknowledge and agree that even if you discontinue your Account, We may continue to display any Content that you have provided on the Services.

13. Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to the Website, software, mobile applications, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AccidentDoctors911, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

AccidentDoctors911 hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to: 

  1. access and use the Services access and view any AccidentDoctors911content solely for your personal and non-commercial purposes when you are using the Services; 
  2. access and view any content that belongs to other users or Healthcare Providers to which you are permitted access, solely for your personal and non-commercial purposes when you are using the Services; and 
  3. access and use the Services via an industry standard consumer web browser (such as MS Internet Explorer, Firefox, Safari, etc.), solely for the purpose of receiving information and scheduling communications with the Healthcare Providers, as permitted herein. 

You must not sublicense, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service. Further you must not use the Services for any other purposes intended to benefit a party other than you.

The AccidentDoctors911 name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of AccidentDoctors911 or our Affiliates or Licensors. You must not use such marks without the prior written permission of AccidentDoctors911. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

You may have the ability to interact with parts of our Website, such as the ability to provide public ratings or testimonials. Your feedback may be published or displayed on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed or accessed by unauthorized persons. Use precaution when posting any personal information online. Please review our Terms of Service for more information about our user guidelines. By making User Contributions available on or through the website or Services, you hereby grant to AccidentDoctors911 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify (for formatting purposes only), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit such User Contributions on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services.

Copyright Infringement

AccidentDoctors911 respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. 

You may print, download, and store information from the Services for your own convenience, but you may not copy, use for financial gain, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither AccidentDoctors911 nor its suppliers grant you any express or implied rights, and all rights in the Services not expressly granted by AccidentDoctors911 to you are retained by AccidentDoctors911.

Please contact us at admin@accidentdoctors911.com if you believe your rights have been infringed under the Digital Millennium Copyright Act. 

14. Healthcare Provider Acknowledgements

Disclaimer: Section 14 only applies to Healthcare Providers, and it does not apply to Users.

In connection with such payments, we process your payment card information in accordance with our Privacy Policy. AccidentDoctors911 and Stripe, Inc., our payment processing partner, may collect from the applicable Healthcare Provider a transaction processing fee for our billing, collection, and payment services (collectively, the “Transaction Processing Services”) performed in connection with such payment. Please note that any payment terms presented to you in the process of using or signing up for a paid service or the Transaction Processing Services are deemed part of these Terms.

You hereby authorize AccidentDoctors911 as applicable, to run credit card authorizations on all credit cards provided by you and to charge your credit card (or any other Payment Method) for applicable fees, including taxes and service charges, and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers, such as Stripe, to process payments and manage your Payment Method information.

By providing Payment Method information through the Services and authorizing payments with the Payment Method, You represent, warrant, and covenant that: (a) You are legally authorized to provide such information; (b) You are legally authorized to make payments using the Payment Method(s); (c) if You are an employee or agent of a company or person that owns the Payment Method, that User is authorized by the company or person to use the Payment Method to make payments on AccidentDoctors911 and (d) such actions do not violate the terms and conditions applicable to User’s use of such Payment Method(s) or applicable law. When a User authorizes a payment using a Payment Method via the Services, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.

Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, AccidentDoctors911 is not liable to any user if AccidentDoctors911 does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method AccidentDoctors911 make commercially reasonable efforts to work with any such affected users to resolve such transactions in a manner consistent with these Terms.

15. Third-Party Content, Advertisements, and Promotions

The Website or Services may contain links to third-party products, services, or promotions, which may be posted by Advertisers, our Affiliates, our Partners, or other Users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk, and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored corporate promotional content (“Third-Party Advertisements and Promotions”). The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services. These Third-Party Advertisements and Promotions shall be labeled as “Advertisement” or “Promotion.”

16. Warranty Disclaimer

WE PROVIDE THE SERVICES “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE WEBSITE, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

17. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING ANY SERVICES OFFERED BY A PROVIDER OR THE PERFORMANCE, NON-PERFORMANCE OR CONDUCT OF ANY PROVIDER IN CONNECTION WITH THE SERVICES, THIS WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE SERVICES. IN NO EVENT WILL AccidentDoctors911’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AccidentDoctors911 IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18. Indemnification

You agree to indemnify and hold AccidentDoctors911, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of or related to:

  1. your access to or use of the Services, and
  2. any violation of these Terms of Service (including negligent or wrongful conduct) by you, or 
  3. the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, and 
  4. any act, omission, opinion, response, advice, suggestion, information and/or service of any Provider. 

In states where the law does not recognize a cap on liability or indemnity obligations, you agree to hold harmless AccidentDoctors911 and be fully responsible for any loss, liability, and legal fees that arise from the violation of the Terms of Service herein.

19. Dispute Resolution

Settling Controversies with AccidentDoctors911 Through Arbitration

Any and all controversies, disputes, demands, counts, claims, or causes of action, including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action between you and AccidentDoctors911, or their successors or assigns, shall exclusively be settled through binding and confidential arbitration. You are thus giving up your right to go to court to assert or defend your rights except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. 

Jury Waiver

YOU AND AccidentDoctors911 HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION, INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.

Option to Opt Out of Arbitration and Waiver

You have the right to opt out of binding arbitration and jury waiver within thirty (30) days of the date which you first accepted these Terms and may opt out by emailing admin@accidentdoctors911.com. In order to be effective, this Opt-Out Notice must include your full name and a clear indication of your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the choice of governing law, forum, and venue provisions herein.

Rules of Arbitrating with AccidentDoctors911

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). 

As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). 

You and AccidentDoctors911 must abide by the following rules: 

  1. ANY CLAIMS BROUGHT BY YOU OR AccidentDoctors911 MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; 
  2. the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; 
  3. in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, AccidentDoctors911 will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
  4. AccidentDoctors911 also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; 
  5. the arbitrator shall honor claims of privilege and privacy recognized at law; 
  6. the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; 
  7. the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and 
  8. each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

Small Claims Court Proceedings

Notwithstanding the foregoing, either you or AccidentDoctors911 may bring an individual action in small claims court. Such actions may be brought in small claims court in New York County, New York or any United States county in which you reside or work. 

Claims for Violations of Intellectual Property Rights

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief, at any time from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Governing Law and Exclusive Venue of Judicial Proceedings

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York. Any claim arising out of these Terms of Service will be governed by and construed in accordance with the laws of the State of New York, as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. 

Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York County, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York County, New York, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York County, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. 

Severability of Arbitration Provision

With the exceptions of Rules (i) and (ii) in this Section — prohibiting arbitration on a class or collective basis — if any part of this Arbitration Provision is deemed to be invalid, unenforceable, illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this Arbitration Provision shall remain in effect and be construed in accordance with its terms, as if the invalid and conflicting part was not contained herein. 

If, however, either Rules (i) and (ii) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor AccidentDoctors911 shall be entitled to arbitration. 

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at (800) 778-7879 or visit the AAA website at https://www.adr.org.

20. Survival

After these Terms of Service terminate, the Terms of this Agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after the Terms of Service terminate. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.

21. Assignability

You may not assign the Terms of Service, or any of its rights or obligations hereunder, without AccidentDoctors911’s prior written consent in the form of a written instrument signed by a duly authorized representative of AccidentDoctors911. AccidentDoctors911 may freely assign these Terms of Service without the User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will incur to the benefit of the successors, heirs, and permitted assigns of the parties.

22. Waiver and Severability

No waiver by AccidentDoctors911 of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AccidentDoctors911 to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

23. Accessing the Website Outside of the United States

AccidentDoctors911 is offered from the United States and is not intended for use outside the United States. Users residing outside of the United States are not eligible for our Services, and AccidentDoctors911 is not responsible for any liability from use of the Service outside the United States. 

In order to access or use the Website or Services, you must and hereby represent that you are not: 

  1. a citizen or resident of a geographic area in which access to or use of the Website or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act;
  2. a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or 
  3. an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation.

You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate that you will immediately cease using our Services and Website. Your previously-granted license to use our Services will be immediately revoked.

24. Consent to Use Electronic Records

In connection with the Terms of Service, you may be entitled to receive certain written records from AccidentDoctors911 or our Affiliates, such as contracts, notices, and communications. To further facilitate your use of this Service, you may give us permission to provide these records to you electronically in lieu of paper form.

25. Entire Agreement

The Terms of Service, along with the Privacy Policy, constitute the sole and entire agreement between you and AccidentDoctors911 and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to our Services.

26. Contact Us

For questions or concerns related to these Terms, please contact us at: admin@accidentdoctors911.com

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