I Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the website located at www.pelletdose.co (the “Site”), made available to you by Dosaggio, Inc. (“Dosaggio” “Dosaggio,” “we,” “us,” or “our”).
THIS IS A BINDING AGREEMENT BETWEEN YOU AND DOSAGGIO. BY CREATING AN ACCOUNT WITH US AND CHECKING THE CONSENT BOX YOU AGREE ON BEHALF OF YOURSELF AND THE MEDICAL PRACTICE, COMPANY OR OTHER LEGAL ENTITY OR ORGANIZATION (COLLECTIVELY, THE “COMPANY”) YOU WORK FOR (TOGETHER, “YOU”) THAT YOU AGREE TO THESE TERMS.
YOU ARE ONLY PERMITTED TO USE THE SITE TO THE EXTENT YOU HAVE BEEN GIVEN PERMISSION BY THE COMPANY ON WHOSE BEHALF YOU ACCESS AND USE THE SITE AS AN ‘AUTHORIZED USER’ FOR PROFESSIONAL PURPOSES ON YOUR COMPANY’S BEHALF. IN ADDITION TO THESE TERMS, YOU ARE REQUIRED TO COMPLY WITH ANY INSTRUCTIONS, REQUIREMENTS OR POLICIES OF YOUR COMPANY IN CONNECTION WITH YOUR USE OF THE SITE TO THE EXTENT THEY DO NOT CONFLICT WITH THESE TERMS.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. BY ACCESSING OR USING THE SITE OR OUR SERVICES AFTER CHANGES ARE POSTED YOU AGREE TO THOSE CHANGES. MATERIAL CHANGES WILL BE CONSPICUOUSLY POSTED TO THE SITE OR OTHERWISE COMMUNICATED TO YOU.
1. Definitions. Capitalized terms have the definitions set forth below and as otherwise defined throughout these Terms.
“Claim” means an action, demand, claim or lawsuit.
“Intellectual Property Rights” means all copyrights, trademarks, trade names, service marks, patents, trade secrets, proprietary marks, logos, as well as any related applications, registrations, moral rights, or common law rights, on a worldwide basis.
“Losses” means losses, liabilities, judgements, settlements, costs and expenses, including court costs and attorneys’ or legal fees.
“Representatives” means Dosaggio’s affiliates and subsidiaries, and their officers, directors, employees, agents and licensors.
2. Content. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Dosaggio or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, Dosaggio reserves all other rights in and to the Site and Content, including all intellectual property rights.
3. Collection and Use of Data. Dosaggio will collect, use, share and protect data collected from the Site, including but not limited to personal information, including protected health information (“PHI”) governed by the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), solely to provide the Site to you as set forth in Dosaggio’s Privacy Policy. You represent and warrant that you have all rights necessary to permit Dosaggio to collect, use and share the data collected from the Site, including personal information and PHI, as contemplated by the Privacy Policy. You represent and warrant that you have secured all legally required and industry standard consents from and/or provided all necessary notices for Dosaggio’s collection, use, disclosure and processing of the data collected by the Site, including personal information and PHI, as set forth in the Privacy Policy.
4. Use Rights. You may only use the Site or Content for your professional, non-exclusive use in the United States, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by Dosaggio.
5. Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Dosaggio or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
6. Viruses. You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site. We are not liable for any virus you might receive from our Site or links on our Site, and you access our Site at your sole risk.
7. Accounts. To set up an account with us, you will be asked to provide your first and last name, specialty, practice name, phone number, email address, and office mailing address. You also must acknowledge and agree to these Terms to create an account. You must provide accurate information when setting up an account and keep all account information current.
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all uses of your password and account, including any unauthorized use. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify us of any unauthorized use of your password or account.
You acknowledge and agree that we are authorized to act on instructions received through use of your password and account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password or account without prior notice if we believe your password and account are being used by someone other than you, or for any other reason.
8. Restrictions on Your Use of the Site.
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Dosaggio’s prior written consent.
• You will not use the Site for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
• You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.
• You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
• You may not frame, mirror or circumvent the navigational structure of any part of the Site.
• You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Site that Dosaggio considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
9. Payment and Fees. Your payment and fees for use of the Site are set forth in Exhibit B of the applicable License Agreement executed between you and Dosaggio.
10. NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOSAGGIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
DOSAGGIO MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. DOSAGGIO DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. DOSAGGIO DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. DOSAGGIO DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL MEET YOUR PERSONAL OR PROFESSIONAL NEEDS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
11. HEALTH DISCLAIMER. THE SITE MAY PROVIDE INFORMATION CONCERNING DOSING OR POTENTIAL MEDICAL ISSUES, BUT IT IS NOT A SUBSTITUTE FOR MEDICAL ADVICE FROM QUALIFIED MEDICAL PROFESSIONALS. AT NO TIME DOES DOSAGGIO PROVIDE MEDICAL ADVICE, OPINIONS OR RECOMMENDATIONS ABOUT ANYONE’S PHYSICAL CONDITION. USE OF THE SITE DOES NOT CREATE ANY PATIENT RELATIONSHIP BETWEEN DOSAGGIO AND A PATIENT OF YOU. THE ACCURACY OF THE SITE IS NEITHER WARRANTED NOR GUARANTEED AND YOU USE THE SITE AT YOUR OWN RISK.
12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DOSAGGIO OR ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED OR CONSEQUENTIAL LOSS OR DAMAGE, NOR FOR CLAIMS OF LOST PROFITS, LOST TIME, LOST DATA, LOST REVENUE OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF DOSAGGIO HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF DOSAGGIO AND ITS REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS DOSAGGIO AND ITS REPRESENTATIVES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
14. Third-Party Websites and Content. The Site may link to, or be linked to, websites not maintained or controlled by Dosaggio. Those links are provided as a convenience to the visitors of our Site. Dosaggio is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. Dosaggio does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Site, it is the terms and privacy policy of that third party that govern your use of third-party site (and such third-party’s use or your personal information), not these Terms.
The Site also contains certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that Dosaggio has reviewed the third-party Content or that there is any association between Dosaggio and any third party. You access third-party Content at your sole risk. Dosaggio has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.
15. Use in the United States. The Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk.
THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS DOSAGGIO OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
16. Linking to the Site. You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of Dosaggio. If Dosaggio grants you a right to link to this Site, certain terms may apply and Dosaggio reserves the right to revoke such consent at any time. You are responsible for any costs incurred by Dosaggio in enforcing its rights under this Section.
17. Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content. Dosaggio may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. Dosaggio shall not be liable to you or anyone else for any damages arising from or related to Dosaggio’s suspension or termination of your access to the Site or the Content, or in the event Dosaggio modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
18. Site Unavailability. Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
19. Cooperation with Law Enforcement. Dosaggio will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD DOSAGGIO AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
20. Disputes. These Terms, and your access to and use of the Site, are governed by the laws of the State of Arizona, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Scottsdale, Arizona. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.
21. Compliance with Applicable Laws. You agree to comply fully with applicable provisions of HIPAA, the Health Information Technology for Economic and Clinical Health Act, as amended (“HITECH”), and all regulations promulgated thereunder (collectively, the “HIPAA Rules”). All terms, conditions and provisions of Dosaggio’s Business Associate Agreement are hereby incorporated by reference with the same force and effect as if fully set forth herein. Dosaggio may, from time to time, update, amend or change the terms, conditions and provisions of the Business Associate Agreement and such updated terms, conditions and provisions shall be binding on you and you shall accept such terms by its continued use of the Site.
22. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Dosaggio’s successors and assigns.
23. Entire Agreement. These Terms, the Privacy Policy, the License Agreement executed between you and Dosaggio, and any terms posted throughout the Site (if any) are the entire agreement between you and Dosaggio with respect to your access to and use of the Site. In the event of conflict between these Terms and our Privacy Policy, our Privacy Policy will control.
24. Waiver. Dosaggio’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Dosaggio.
25. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
26. Contact Us. Please direct any questions and concerns regarding these Terms to us at:
Dosaggio, Inc.
8412 E. Shea Blvd. #101
Scottsdale, Arizona
Phone: (323) 986-5100
Email: support@dosaggio.co
