Intellectual Property. Unless otherwise stated, all intellectual property, materials, works, software, code and other functions accessible through the Site, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site, as well as their selection and arrangement and “look and feel” (collectively, the “Content”) are protected by copyright, trademark, patent, and/or other intellectual property laws. Any unauthorized use of the content of the site may violate such laws and these Terms. Except as expressly provided in these Terms, DrFirst does not grant you any express or implied rights to use the content found on this Site. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, create derivative works based on Site content, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any Site content, except as expressly authorized by the Site or through the written consent of DrFirst.
Third Party Content. The Site may also make available materials, information and services provided by third parties, such as photographs, text, graphics, pictures, sound, video, information and software applications. Such content may be governed by separate license agreements that accompany such content. DrFirst does not investigate, monitor or check for accuracy, appropriateness, or completeness of third party content. DrFirst offers no guarantees and assumes no responsibility or liability of any type with respect to the third party content.
DrFirst is not responsible for any third party websites accessed through the Site, and you should review the terms of service and policies of any website to which you navigate from the Site. If you decide to leave the Site and access third party websites or content, you do so at your own risk and you should be aware that our Terms no longer govern. To the extent the Site contains links to outside services and resources, you acknowledge that DrFirst is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. DrFirst provides these links to you only as a convenience, and the inclusion of any link does not imply approval or endorsement of third party content. Any issues or concerns regarding any such site should be directed to the owner or operator of that site.
Content you Provide DrFirst. Certain Site functions may provide you the ability to submit content to DrFirst, such as the Contract Us, Request a Demo, or Live Web Chat Site pages and features. You represent that all of the information, data and other materials you provide on this Site or to DrFirst through any other means are valid, legal, and reliable. DrFirst is not responsible or liable for any content you submit through the Site. You are solely responsible for the accuracy of the information you provide the Site.
You may not submit any content that:
a. Is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
b. May contain software viruses or malware;
c. Contains advertisements or solicitations of any kind;
d. Is designed to impersonate others;
e. Contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; or
f. Contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
You may not use a false email address or other false identifying information, impersonate any person or entity, or otherwise providing misleading information as to the origin of any content.
Password Protected Features. Access to and use of password-protected areas of the Site is restricted to authorized users who have been issued log-in credentials by DrFirst or an authorized third party. If you are an authorized user of any password-protected area of the Site, you are responsible for protecting your login credentials, including any password or username. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify DrFirst immediately. DrFirst may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise. Your use of any password protected areas of the Site may otherwise be governed by a specific Terms of Service that is entered into upon initial registration, along with any contractual relationship you may have established with DrFirst or with one of its resellers.
Prohibited Use. DrFirst grants you a limited license to access and make personal use of this Site for informational purposes only. DrFirst strictly prohibits any other use of any content available through the Site, including but not limited to:
a) Any downloading, copying or other use of the content or the Site for purposes competitive to DrFirst or for the benefit of another vendor or any third party;
b) Any caching, unauthorized linking to the Site or the framing of any content available on the Site;
c) Any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
d) Any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
e) Using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site.
f) Any action that imposes or may impose (in DrFirst’s sole discretion) an unreasonable or disproportionately large load on DrFirst’s infrastructure, or damage or interfere with the proper working of our infrastructure;
g) Any action intended to disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services;
You are solely responsible for obtaining access to the Site, and that access may involve third-party fees (such as internet service provider, cellular data, or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by DrFirst.
DrFirst reserves the right to refuse or cancel any person’s registration to access this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. DrFirst neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with DrFirst. Termination of your access or use will not waive or affect any other right or relief to which DrFirst may be entitled, at law or in equity.
No Medical or Legal Advice.
Certain informational features of the Site may contain medical or regulatory related information. The content that you obtain or receive from our Site is for informational purposes only. DrFirst does not providing legal, regulatory, or medical advice and no attorney/client or physician/patient relationship is created by your use of the Site. DrFirst does not ensure the completeness, timeliness or accuracy of any Site content, unless otherwise indicated by the applicable Terms of Service for password-protected areas of the Site.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. DRFIRST DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE NON-PASSWORD SECURED PORTIONS OF THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE NON-PASSWORD SECURED SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. YOUR SOLE REMEDY AGAINST DRFIRST FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST DRFIRST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
Indemnity. You agree to indemnify and hold harmless DrFirst from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by DrFirst and such parties, and shall defend DrFirst and such parties against any and all claims arising out of (b) your breach of these Terms; (c) your intentional misconduct, fraud, or gross negligence; or (d) your violation of any applicable U.S. of foreign law or the rights of a third party. DrFirst will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of DrFirst.
Disputes. If any of the provisions set forth in these Terms are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms. Section headings are for reference purposes only and do not limit the scope or extent of such section.
These Terms and the relationship between you and DrFirst will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. Any dispute arising out of these Terms or your use of the Site shall be submitted to binding arbitration in the State of Maryland, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of DrFirst or any associated third party, DrFirst may seek injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
In the event the above arbitration provision is deemed unenforceable by a court of competent jurisdiction, any dispute arising out of these Terms or your use of the Site shall be subject to the exclusive jurisdiction and venue of courts in the State of Maryland.
DrFirst makes no representation that information, software and/or documentation on the Site are available for viewing or downloading at locations outside the United States, nor that the Site is applicable with any foreign laws. If you access the Site from outside the United States, you are exclusively responsible for compliance with all applicable local laws.
Entire Agreement. These Terms constitute the entire agreement and understanding between you and DrFirst with respect to your use and access of the Site and supersede all prior communications between the parties with respect to such subject matter. Notwithstanding the going, to the extent you or a third party through whom you access the Site have entered into a contractual agreement governing your use of our Site, including a Terms of Service which may conflict with these Terms, the Terms of Service or contractual agreement shall control.
Contact. If you have any questions or comments about these Terms or this Site, please contact us by email at DF_Legal@drfirst.com. You also may write to us at:
Attn: Legal Department
9420 Key West Ave, Suite 101
Rockville, MD 20850
Effective Date: November 29, 2016