Terms of Use

Effective Date: January 1, 2020

Welcome to DocNetwork.  Please read on to learn the rules and restrictions that govern your use of our websites (including www.docnetwork.org, www.campdoc.com, www.childcaredoc.com, and www.schooldoc.com), products, services (including, as applicable, CampDoc, ChildCareDoc, SchoolDoc, CampGrams, insurance, medical supplies, or other services) and applications (together, the “Services”).  If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Address	5430 Data Ct Suite 250, Ann Arbor, MI 48108
Email	legal@docnetwork.org
Phone	734-619-8300

These Terms of Use (the “Terms”) are a binding contract between you and DocNetwork, Inc. (“DocNetwork,” “Company,” “we” and “us”).   Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.  These Terms include the provisions in this document, as well as those in the Privacy Policy, Copyright Policy, Security Policy, and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. 

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court.  PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. 

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. 

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our side located at www.docnetwork.org, send you an email, and/or notify you by some other means. 

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.  If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. 

What about my privacy?

DocNetwork takes the privacy of its users very seriously.  For the current Privacy Policy, please go to www.docnetwork.org/privacy.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13).  We do not knowingly collect or solicit personally identifiable information from children under sixteen (16); if you are a child under sixteen (16), please do not attempt to register for or otherwise use the Services or send us any personal information.  If we learn we have collected personal information from a child under sixteen (16), we will delete that information as quickly as possible. If you believe that a child under sixteen (16) may have provided us personal information, please contact us at privacy@docnetwork.org.

What are the basics of using Services?

DocNetwork is a platform that allows businesses and organizations (the “Organization”) to access their designated account to manage the health and other information of their participants, campers, students, employees, independent contractors, or other approved third parties, as applicable.  DocNetwork also allows the Organization’s participants, parents, legal guardians, employees, independent contractors, or any third party authorized by the Organization (the “Individuals”), to access their designated account to input health and other information for the benefit of the Organization.  

You may be required to sign up for an account, select a password and username (“Company User ID”), and provide us with certain information or data, such as your contact information.  You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).  

You will only use the Services for your own internal, personal, non-commercial use and only in a manner that complies with all laws that apply to you.  If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your Company User ID, account or password with anyone, and you must protect the security of your Company User ID, account, password, and any other access tools or credentials.  You’re responsible for any activity associated with your Company User ID and account.

No Medical Advice; Not for Emergencies

DOCNETWORK DOES NOT PROVIDE MEDICAL CARE.  DocNetwork does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational and communicative purposes only. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice by DocNetwork. Reliance on any information provided by DocNetwork or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services. 

WE ARE NOT LICENSED MEDICAL CARE PROVIDERS AND DO NOT ACT IN A HEALTH CARE PROFESSIONAL CAPACITY, NOR DO WE GUARANTEE THE ACCURACY OF ANY INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICES.  BY USING THE SERVICES, YOU ASSUME AND BEAR SOLE RESPONSIBILITY FOR (I) PROPER MEDICAL TREATMENT AND ADMINISTRATION OF MEDICATIONS, INCLUDING ALL DECISIONS TO SECURE PROPER TREATMENT FOR BOTH ROUTINE HEALTH CARE AND EMERGENCY SITUATIONS, INCLUDING BUT NOT LIMITED TO, ORDERING TESTS, LABS, X-RAYS, DECISIONS TO HOSPITALIZE, INJECTIONS, ANESTHESIA, OR SURGERY FOR ANY INDIVIDUAL, AND (II) ANY MEDICAL OR MEDICATION ERRORS, MISTAKES OR INACCURACIES INCLUDING ANY BODILY INJURY, DEATH OR OTHER DAMAGES INCURRED AS A RESULT. THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. 

What about messaging? 

As part of the Services, you may receive communications through the Services, including messages that DocNetwork sends you (for example, via email or SMS). When signing up for the Services, you may receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want DocNetwork to send you information that we think may be of interest to you, which may include DocNetwork using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from DocNetwork, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from DocNetwork. You agree to indemnify and hold DocNetwork harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. 

Are there restrictions in how I can use the Service?

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

1. Infringes or violates the intellectual property rights or any other rights of anyone else (including DocNetwork);
2. Violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by DocNetwork;
3. Is dangerous, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. Jeopardizes the security of your Company User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
9. Copies or stores any significant portion of the Content; or
10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.  

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.  You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including DocNetwork’s) rights. 

You understand that DocNetwork owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Do I have to grant any licenses to DocNetwork or to other users?

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.”  Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up to date, and in compliance with all applicable laws, rules and regulations.  If you are an Individual who is invited, added or authorized to use our Services by an Organization, that Organization shall designate which User Submissions you may view and who may access your User Submissions.  

You agree that you will not post, upload, share, store or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home business, or any other dubious money making ventures; or (viii) that violate any law. 

In order to display your User Submissions on the Services, and to allow other users to access them (where applicable), you grant us certain rights in those User Submissions (see below for more information).  Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. 

For all User Submissions, you hereby grant DocNetwork a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below.  This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal DocNetwork account, and it is designated such that it is not viewable by any other user except you (a “Personal User Submission”), you grant DocNetwork the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you upload or share a User Submission and it is designated such that only certain specified users can view such User Submission (a “Limited Audience User Submission”), then you grant DocNetwork the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so.  Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. 

If you upload or share a User Submission publicly on the Services, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant DocNetwork the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all DocNetwork users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with DocNetwork’s business.  Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your DocNetwork account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from DocNetwork’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Notwithstanding anything to the contrary, for any and all User Submissions that contain health information or records (including but not limited to, patient records, immunizations records, x-rays, laboratory testing or otherwise), you grant DocNetwork a license to use, modify, display, reproduce, and distribute that submission only for the purpose of allowing DocNetwork to render the Services to you (and only to the extent necessary to do so).  

Finally, you understand and agree that DocNetwork, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringes; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, go to www.docnetwork.org/copyright. 

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it.   We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.  

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ASSUME ALL RISK AND RESPONSIBILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES IN ANY INFORMATION OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY RISK OF BODILY INJURY, DEATH OR OTHER DAMAGES INCURRED AS A RESULT OF SUCH ERRORS, MISTAKES OR INACCURACIES. 

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.  

The Services may contain links or connections to third party websites or services that are not owned or controlled by DocNetwork. When you access third party websites or use third party services, you accept that there are risks in doing so, and that DocNetwork is not responsible for such risks.  

DocNetwork has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, DocNetwork will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that DocNetwork shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. 

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that DocNetwork is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release DocNetwork, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will DocNetwork ever change the Services?

We’re always trying to improve our Services, so they may change over time.  We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.  We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. 

Do the Services cost anything?

We currently provide the Services at no extra charge to Individuals, however, we reserve the right to charge for certain or all Services in the future, including new Services that we add.  We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply.  Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services. 

If you are participating in our Payment Processing Program (described in our Payment Processing Program Terms), then you are also subject to such Payment Processing Program Terms and we (or a third party service provider) may accept and process payments on your behalf. 

What if I want to stop using the Services? 

You’re free to do that at any time, by contacting us at support@docnetwork.org; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.  Note that if you are an Individual who was invited, added, or authorized to use the Services by an Organization, we may notify that Organization of your deletion request. 

DocNetwork is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.   DocNetwork has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.  

If you have deleted your account by mistake, contact us immediately at support@docnetwork.org – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement. 

What else do I need to know?

You acknowledge that the Organization through which you are accessing the Services will be able to view your Content and information (including any personally identifiable information or health information you submit).  As part of the Services, you will also have the option to opt-in to receive communications from the Organization through the Services (for example, via SMS, emails, and push notifications) (the “Messaging Services”). By opting into the Messaging Services, you agree to receive communications from DocNetwork on behalf of the Organization, and you acknowledge and agree that DocNetwork shall have no liability for the content of any such communications nor any technical or other failures and errors related to the transmission of such communications. 

Warranty Disclaimer.  DocNetwork and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (DocNetwork and all such parties together, the “DocNetwork Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the DocNetwork Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services.  The DocNetwork Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY DOCNETWORK (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE DOCNETWORK PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO DOCNETWORK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 

Indemnity.  You agree to indemnify and hold the DocNetwork Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).  

Assignment.  You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without DocNetwork’s prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law.  These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Michigan, without regard to the conflicts of laws provisions thereof.  

Arbitration Agreement.  Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with DocNetwork and limits the manner in which you can seek relief from DocNetwork. Both you and DocNetwork acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, DocNetwork’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. 

(a) Arbitration Rules; Applicability of Arbitration Agreement.  The parties shall use their best efforts to settle any dispute, claim, question or disagreement arising out of or relating to the subject matter of these Terms directly through good faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Washtenaw County, Michigan. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules’) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

(b) Costs of Arbitration.  The Rules will govern payment of all arbitration fees. DocNetwork will pay all arbitration fees for claims less than seventy five thousand ($75,000) dollars. DocNetwork will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 

(c) Small Claims Court; Infringement.  Either you or DocNetwork may assert claims, if they qualify, in small claims court in Washtenaw County, Michigan or any United States county where you live or work. Furthermore, 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. 

(d) Waiver of Jury Trial.  YOU AND DOCNETWORK WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and DocNetwork are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and DocNetwork over whether to vacate or enforce an arbitration award, YOU AND DOCNETWORK WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. 

(e) Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor DocNetwork is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. 

(f) Opt out.  You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 5430 Data Ct Suite 250, Ann Arbor, MI 48108 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement. 

(g) Exclusive Venue.  If you send the opt out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or DocNetwork to litigate any dispute arising out of or related to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and DocNetwork agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Washtenaw County, Michigan, or the federal district in which that county falls. 

(h) Severability.  If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with DocNetwork. 

Miscellaneous.  You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that DocNetwork may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and DocNetwork agree that these Terms are the complete and exclusive statement of the mutual understanding between you and DocNetwork, and these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of DocNework and you do not have any authority of any kind to bind DocNetwork in any respect whatsoever. Except as expressly set forth in the section above regarding the arbitration agreement, you and DocNetwork agree there are no third party beneficiaries intended under these Terms.