Terms of Use

Updated lastly November 1, 2022

PLEASE READ THE FOLLOWING TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE ACCEPTING. THIS IS A LEGAL CONTRACT BETWEEN DOCAWARE POWERED BY VENOPS (“DOCAWARE”) AND THE ENTITY OR INDIVIDUAL USING ANY DATABASE, SOFTWARE, MOBILE APPLICATIONS, CONTENT, DATA, MATERIALS, DOCUMENTATION, INFORMATION, SERVICES, OR WEBSITES CREATED, PUBLISHED OR OWNED BY DOCAWARE, ITS AFFILIATES, OR ITS LICENSORS (“LICENSED CONTENT”). BY ACCESSING OR USING THE LICENSED CONTENT, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE LICENSED CONTENT.

In this Agreement, the term “you” refers to (i) an entity entering into this Agreement for use of its employees, (ii) an individual purchasing a subscription to the Licensed Content under this Agreement, either on his or her own behalf (or as agent for a corporation or other entity or organization); or (iii) an individual entering into this Agreement as a condition of using the Licensed Content through a subscription purchased by a hospital, medical school, or other institution (“Institution”), where the individual is employed by or affiliated with the Institution.

ACCOUNT REGISTRATION

We and our third-party service providers may collect personal information from the following sources:

Direct Interactions, such as, when you register for our Services
Data from Third Parties, such as, information on third-party websites or other information you may have made publicly available or information provided by third-party sources, including but not limited to government entities and data resellers
Automated Tracking Technologies, such as information automatically collected about your interaction with our Services and websites using various technologies such as cookies, web logs and beacons, and internet tags

How We Use Your Personal Information?

You must register an account with DocAware to access all of the Services. Registration requires you to provide us with your name, email address, profession, specialty, and other information specified in the registration form ("Registration Information"), and to select a username and password that will be associated with your account. You agree that your Registration Information is true, accurate, current, and complete, and you will promptly update your Registration Information as necessary so that it continues to be true, accurate, current, and complete. We may attempt to verify the accuracy of the Registration Information that you have provided and update it as necessary.

You are solely responsible for maintaining the confidentiality and security of your DocAware account username and password and you may not permit another person to use your username and password to access the Services. You are responsible for all activity that occurs under your account. If you believe that the security of your account information has been compromised, you should immediately change your username and password through the account settings feature or notify us and we will assist you. We shall have no liability for any unauthorized access to or use of your account information.

USE OF THE SERVICES

The Services are intended for physicians and other healthcare professionals. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.

DocAware monitors the medical license for physicians along with the exclusion & sanction screening, and CMS open payments reporting. It utilizes the SSN, DOB, and NPI number to do all these things. DocAware will link to Venops for fetching the results of screening for sanctions & exclusions. Each user of DocAware qualifies for a free Venops account, which gives users the ability to create full reports with complete data, versus the summary of data offered on DocAware. This requires a partnership code which is given by contacting DocAware or Venops member services.

The information and tools that we make available through the Services are provided for educational and informational purposes only. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with the services or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or another relevant health profession.

Notwithstanding anything stated herein, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation or warranty as to the legal compliance of the Services or the DocAware Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the DocAware Content. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the DocAware, the Services, and the DocAware Content to any person, geographic area, or jurisdiction we so desire.

LICENSE

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and to view the information and materials made available through the Services, including User Content, as defined below, ("DocAware Content") solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, DocAware Content, or DocAware properties, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved by us and our respective licensors, as applicable.

The DocAware may contain links to third-party websites or resources which are not part of the DocAware. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the DocAware of third-party resources, including links to third-party websites, does not imply our endorsement of these resources.

PROHIBITED USES

You agree that you will not engage in any of the following activities in connection with your use of the Services:

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
Use, display, mirror, or frame a DocAware Site or DocAware App, or any component thereof, or DocAware's trademark, logo or other proprietary information, without the written consent of DocAware, as applicable;
Remove any copyright, trademark or other proprietary rights notices contained within the DocAware, including those of DocAware and any of their respective licensors;
Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context unless expressly approved in writing by DocAware, as applicable;
Attempt to circumvent any protective technological measure associated with the Services;
Attempt to access or search any DocAware properties or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
Impersonate or misrepresent your affiliation with another person or entity;
Harvest or otherwise collect information about others, including email addresses;
Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a DocAware Site or a DocAware App;
Fail to respect another user's privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address, or any other personally identifiable information; or
Use any DocAware property, the Services, or any DocAware Content in any manner not permitted by these Terms.

We may (but are not obligated to) do any or all of the following without notice:

Record or pre-screen User Content submissions to public areas within the DocAware;
Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request, or legal process;
Remove User Content that we believe does not comply with these Terms of Use;
Terminate your access to the DocAware upon our determination that you have violated these Terms of Use; and
Edit DocAware Content.

User Content

Withdraw your consent at any time

Certain Services enable users to submit content that may include, without limitation, text, images, photographs, figures, charts, graphics, reports, data, and sound ("User Content"). User Content does not include Registration Information. When you submit User Content through the Services you automatically grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers) license to distribute, transmit, copy, host, publicly display and perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and exploit such User Content in any media, form or format now known or hereafter developed, both within and outside of the DocAware for any purpose that is consistent with the DocAware Privacy Policy. You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content as specified in these Terms.

You are solely responsible for ensuring that the User Content that you make available through the Services complies with applicable laws including, without limitation, those relating to privacy, and also best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual, e.g., name, e-mail address, social security number, insurance number or other unique identification numbers, biometric identifiers, facial photographs, photographs of identifying marks such as tattoos or scars. You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services.

You agree that you will not use the Services to make available User Content that:

you do not have the right to make available under any contractual or fiduciary agreement or the law;
infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
results in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable privacy laws;
is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
promotes illegal activity;
is fraudulent, false, misleading or deceptive;
constitutes an advertisement or solicitation of business; or
contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.

TERMINATION AND MODIFICATION

You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services.

DISCLAIMER

THE DOCAWARE, PROPERTIES, SERVICES, AND DOCAWARE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE DOCAWARE, SERVICES OR DOCAWARE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE DOCAWARE. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE DOCAWARE NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.

LIABILITY

In no event will any of us or our respective directors, officers, employees, contractors, agents, sponsors, licensors or any other person or entity involved in creating, developing or delivering the DocAware, the Services or the DocAware Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access or use the DocAware, the Services or the DocAware Content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, our suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information provided through the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurring. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

INDEMNITY

You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the DocAware, the Services and the DocAware Content or your violation of these Terms.

GENERAL TERMS

Assignment. You may not assign your rights under the Terms to any other party without DocAware’s express prior written consent; DocAware may assign its rights under the Terms without condition. The Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Governing Law; Venue. This Agreement, and the rights and duties of the parties arising from this Agreement, shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, excluding its conflicts-of-law principles. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be state and federal courts in Cobb County, Georgia, and the parties agree to service of process in accordance with the rules of such courts.

Independent Contractors; No Third-Party Rights. The parties are independent contractors. This Agreement shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. No provision in this Agreement is intended or shall create any rights with respect to the subject matter of this Agreement in any third party. 

Waiver, Severability & Amendments. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of any other provision or any subsequent breach. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, the provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining provisions of this Agreement will remain in full force and effect. This Agreement may only be amended, or any term or condition set forth herein waived, by written consent of both parties.

Contact Us

If you have any questions about how we process your personal information or if you want to exercise one of your rights, you can contact us as follows:

By email to:support@Mydocaware.com