Electronic Health Records for Camps, Child Care and Schools

Welcome to the website of DocNetwork LLC, a Michigan limited liability company (hereinafter referred to as “DocNetwork”). All users of DocNetwork websites (the “Websites”) located at www.docnetwork.org, www.campdoc.com (“CampDoc.com.com”), www.childcaredoc.com (“ChildCareDoc.com”) and www.schooldoc.com (“SchoolDoc.com”) are subject to the following terms and conditions of use (the “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of these Websites. By accessing or using these Websites, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the DocNetwork Privacy Policy and Security Policy, which are hereby incorporated by reference into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of these Websites.

These Websites provides general information about DocNetwork, DocNetwork.org, DayCareDoc.com and SchoolDoc.com, and allows businesses and organizations (the “Account Holder”) to access their designated account on the Websites to manage the health information of their participants, campers, students, employees, independent contractors, or other approved third parties, as applicable. These Websites also allows the Account Holder’s participants, campers, students, parents, legal guardians, employees, independent contractors, and any other third party authorized by the Account Holder, to access their designated account on the Websites to input health information for the benefit of the Account Holder. For purposes of these Terms of Use, references to “you”, “your” or “user(s)” shall refer to the Account Holder or any participant, camper, student, parent, legal guardian, employee, independent contractor or other third party authorized by the Account Holder to access the Account Holder’s designated account on the Websites, as applicable.

DocNetwork may modify or supplement these Terms of Use at any time without notice by posting the amended terms to these Websites. Your continued use of the Websites mean that you accept and agree to the amended Terms of Use. If you disagree with the Terms of Use, as amended from time to time, or are dissatisfied with the Websites, your sole and exclusive remedy is to discontinue using the Websites.

Use of the DocNetwork Websites

You agree to use the Websites only for lawful purposes. Specifically, you agree not to do any of the following: (1) use the Websites to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) restrict or inhibit use of the Websites by others; (3) upload or otherwise transmit files that contain a virus or corrupted data; (4) collect information about others without their consent; or (5) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by DocNetwork, may harm DocNetwork or users of the Websites or expose them to liability.

You understand and acknowledge that you are responsible for any and all information that is maintained by you on these Websites and that you, not DocNetwork, shall have full responsibility for such information, including its legality, reliability and appropriateness. By uploading or otherwise transmitting information or other material to the Websites, you represent and warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to maintain it on the Websites.

DocNetwork reserves the right, but does not assume any responsibility, to (1) remove any information or other material from the Websites which DocNetwork, in its sole discretion, deems inconsistent with the foregoing commitments, and (2) terminate your access to all or part of the Websites. DocNetwork assumes no liability for any action or inaction regarding transmissions, communications or content provided by you on the Websites. DocNetwork reserves the right to take any action it deems necessary to protect the personal safety of users of these Websites and the public; however, DocNetwork has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

DocNetwork reserves the right to modify, reject or eliminate any information residing on or transmitted to the Websites, in its sole discretion.

Your failure to comply with the foregoing provisions may result in the termination of your access to the Websites and may expose you to civil and/or criminal liability.

Users of these Websites assume and bear sole responsibility that the proper medical treatment and medications are being provided in the proper manner, 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, order injection, anesthesia, or surgery for any individual. Users of these Websites assume all risk and responsibility for any medical or medication errors or mistakes that may occur.

Payment Methods

The Account Holder agrees to pay DocNetwork a non-refundable deposit as indicated in the DocNetwork annual registration form. The balance of the annual fee as indicated in the annual registration form will be due by the Account Holder to DocNetwork as designated in the annual registration form. In the event the Account Holder fails to remit the remaining fees in a timely manner, the Account Holder agrees to reimburse DocNetwork for any and all fees, costs and expenses, including reasonable attorneys fees incurred by DocNetwork in the collection of such fees.

Copyright Restrictions/Use of Consent

The entire contents of these Websites (including all information, software, text, displays, and images) and the design, selection and arrangement thereof, are proprietary to DocNetwork and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the Websites for its intended purpose. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on these Websites without the prior written consent of DocNetwork, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Websites; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in these Websites are transferred to you, but remain with DocNetwork. You may not reproduce, sell or exploit any content of these Websites for any commercial use.

Trademarks

The DocNetwork logos and other marks indicated on these Websites are registered trademarks of DocNetwork in the United States and other countries. DocNetwork trademarks and trade dress may not be used in connection with any product or service that is not DocNetwork, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DocNetwork. All other trademarks not owned by DocNetwork that appear on the Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DocNetwork.

Dealings with Merchants and Other Third Parties

If you choose to correspond, participate in a promotion or engage in transactions with any individual or business found on or through the Websites, you acknowledge and agree that DocNetwork is not a party to, and will not be responsible for, your interaction with such individual or business, including such party’s treatment of your information and the terms and conditions applicable to any transaction between you and such party. The terms of your interaction with such party are solely between you and such party. You agree that DocNetwork will have no responsibility or liability, for any reason whatsoever, for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such parties on the Websites.

Registration and Passwords

You are responsible for maintaining the confidentiality of your login username and password. You shall be responsible for all uses of and access to the health information you store or have stored on the Websites. You agree to immediately notify DocNetwork of any unauthorized use of the medical record files under your designated account.

Liability of DocNetwork

You assume all responsibility and risk for the use of the Websites. DocNetwork does not assume any liability for the materials, information and opinions maintained by you on the Websites. DocNetwork disclaims any liability for injury or damages, including but not limited to illness or death, resulting from the use of the Websites by you.

THE WEBSITES AND THE SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. DOCNETWORK DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE WEBSITES OR THE HEALTH INFORMATION MAINTAINED BY AN ACCOUNT HOLDER ON THESE WEBSITES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, DOCNETWORK NEITHER WARRANTS OR REPRESENTS THAT THE WEBSITES, THE SERVICES PROVIDED ON OR THROUGH THE WEBSITES OR THE HEALTH INFORMATION MAINTAINED BY AN ACCOUNT HOLDER ON THESE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. DOCNETWORK DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

DocNetwork shall not be liable for any damages of any kind whatsoever, including death, (1) arising out of your use of these Websites or the health information maintained under an Account Holder’s account on the Websites, or (2) resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of or browsing in these Websites or any other linked website on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from these Websites or any linked website or the Internet generally.

IN NO EVENT WILL DOCNETWORK BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITES, ANY SERVICES PROVIDED ON OR THROUGH THESE WEBSITES, ANY HEALTH INFORMATION MAINTAINED UNDER AN ACCOUNT HOLDER’S ACCOUNT ON THE WEBSITES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITES OR THE HEALTH INFORMATION MAINTAINED UNDER AN ACCOUNT HOLDER’S ACCOUNT ON THE WEBSITES, WHETHER OR NOT THERE IS NEGLIGENCE BY DOCNETWORK AND WHETHER OR NOT DOCNETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Indemnification

You agree to indemnify and hold harmless DocNetwork and its officers, directors, members, managers, employees, agents and affiliates from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys fees, arising out of or related to any violation by you of these Terms of Use or your use of the Websites or the health information maintained on these Websites.

Links to Other Sites; References to Third Parties

The Websites contain links to other websites on the Internet. DocNetwork is not responsible for and does not endorse the content, products, services or privacy practices of any third party websites, including, without limitation, sites framed within the Websites or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites. Further, a reference on the Websites to any products, events, services, processes, hypertext links to third parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply endorsement from DocNetwork, sponsorship or recommendation. Product, event and service information are solely the responsibility of the applicable third party and DocNetwork does not make any representations or warranties regarding the quality, content or accuracy of such information or provide any warranties as to such parties products, trademarks, trade names or trade dress.

Compliance

The owner of these Websites is based in the State of Michigan, USA. Except as explicitly stated otherwise on these Websites, DocNetwork makes no representation that materials in these Websites are appropriate or available for use in other locations. If you access these Websites from other locations, you are responsible for complying with local laws.

Governing Law; Jurisdiction

The posting of these Websites on the World Wide Web is a passive activity in itself. Access to these Websites by persons in any jurisdiction does not imply that DocNetwork intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that DocNetwork invokes the benefits and protections of the law of such jurisdiction. These Websites were developed in the United States of America in accordance with, and shall be governed by, and your use of these Websites shall be deemed acceptance of, the laws of the State of Michigan and the United States of America. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Michigan, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Websites shall be in the state or federal courts located in Washtenaw County, Michigan. You agree to submit to the jurisdiction of such courts.

Miscellaneous

If any part of these Terms of Use is unenforceable, the unenforceable part shall be modified to the minimum extent necessary to reflect, as nearly as possible, the original intentions of the parties and the other provisions of these Terms of Use shall remain in full force and effect. Failure of DocNetwork to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of such provision. Neither a course of dealing or conduct between you and DocNetwork nor any trade practices shall be deemed to modify these Terms of Use.

Entire Agreement

These Terms of Use constitutes the entire agreement between DocNetwork and you with respect to these Websites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DocNetwork with respect to these Websites. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver by DocNetwork of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.