Posted On April 17, 2019
Below is a table of contents and preview of the new terms:
Table of contents:
I Introduction and Eligibility
II The DrChrono Service
III Patient Billing
IV Protected Health Information Practices
V Service Access, Account Creation and Secure Credentials
VII DrChrono’s Content Ownership and Use
VIII Confidential Information
IX Intellectual Property Rights and Your License to Use
X Copyright Policy
XI Suggestions and Submissions
XII User Content Disclaimers, Limitations, and Prohibitions
XIV DrChrono’s Liability
XV Arbitration, Class Waiver, and Waiver of Jury Trial
XVI Chargebacks; Debt Collections
XVII General Terms; Other Legal Provisions
XVIII Contact Information
I) Introduction and Eligibility
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly.
“Health-related information” means all individually identifiable health information, including demographic information and information related to an individual’s physical or mental health, the provision of health care to the individual, or the individual’s payment for the provision of health care.
“Health service provider” means an entity that provides health-related services.
II) The DrChrono Service
The “DrChrono Service” is defined as any computer or mobile application or software under DrChrono’s control, whether partial or otherwise, in connection with providing the services provided by DrChrono. The DrChrono Service provides a platform to store health-related information to make it available to you and your employees.
DrChrono does not give medical advice.
Medical Advice. DrChrono does not give medical advice. The DrChrono Service may provide helpful information to assist you in medical decision-making. The information and materials available through the DrChrono Service are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the DrChrono Service. You will be solely responsible for the professional and technical services you provide. In addition, we do not recommend or endorse any provider of health care or health-related products, items, or services.
We do not screen users.
Screening Users. DrChrono does not screen its users or verify information communicated through the DrChrono Service, though DrChrono has the right to monitor such information. DrChrono does not have responsibility for the conduct of such users, including the information posted by users. Contact us to notify of us of inappropriate or illegal conduct or content you encounter on the DrChrono Service.
You agree to comply with any additional terms required by our third-party vendors and suppliers, as necessary, to use parts of the DrChrono Service.
Third-Party Services. Your use of the DrChrono Service may include certain third-party software and services or allow you to access additional software and services offered by third-parties. Your use of such software or services may require that you enter into separate subscription, licensing, and/or business associate agreements with such third-party vendors and suppliers. You agree: (i) to comply with and, upon request, execute such agreements as may be required for the use of such software or services; (ii) that DrChrono may disclose individually identifiable health information to these third-parties on your behalf.
You may allow employees to use the DrChrono Service on your behalf. You may allow patients to use the DrChrono Service to pay for your services.
You are responsible for the use and misuse of the DrChrono Service by the employees and patients you allow to access the DrChrono Service using your account.
Responsibility for Misuse by Other Users of Your Account. You acknowledge that by allowing employees and patients to access the DrChrono Service with your account, you are responsible for ensuring such employees and patients use the DrChrono Service for the purposes for which they are accessing it. While the DrChrono Service has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the DrChrono Service by any employee or patient to whom you gave access or log-in credentials. You agree that you are responsible for ensuring that health-related information is properly protected under applicable law.
You represent and warrant that you received any necessary consents from individuals before posting their information in the DrChrono Service.
Individuals’ Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the DrChrono Service or initiating any payment transactions.
Exporting Information from the DrChrono Service. You are solely responsible for any health-related information exported from the DrChrono Service by you or the employees and patients that you allow access from your account. You represent and warrant that you will export and subsequently use protected health information only as permitted by HIPAA and applicable federal and state law.
Transferring Information into the DrChrono Service. You may be able to transfer information from your or third-party data sources into the DrChrono Service. You represent and warrant that you have all necessary patient authorization for such data transfers and that such data transfers will comply with HIPAA and other applicable federal and state law.
Compulsory Information Disclosure. You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of the DrChrono Service. You will cooperate fully with us in connection with any such demand.
Data Retention. You are responsible for complying with all state and federal laws related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data.
III) Patient Billing
DrChrono allows you to use the DrChrono Service to collect payment from patients for the services you provide to them.
You will be paid according to our posted payment schedule when the patient payments due to you exceed the minimum payout balance.
We may delay payment until such minimum payout balance is reached.
We will charge a transaction fee and deduct it from our payments to you.
You are responsible for all government taxes, fees, and service charges and all third-party fees and charges related to our payment to you.
“Minimum payout balance” means the minimum amount collected from patients by the DrChrono Service and payable to you before we will disburse the payments to you. For example, if the minimum payout balance is $100.00, then we will not disburse payment to you until we have collected at least $100.00 to be paid to you. We may change the amount of the minimum payout balance at our discretion, at any time. The current minimum payout balance amount is available here.
Calculating Payment Due to You. We will collect the full amount from the patient, deduct our Transaction Fee (as defined below), and disburse the remainder to you using your selected payment method.
Payment Methods. We may provide multiple payment methods for you to receive payments. When you select a payment method, you agree to allow us to distribute payment to you using that method according to the information you provide to us. For example, if you choose the payment method of direct deposit into your bank account, you agree that we may distribute funds into the bank account using the bank account information you provided to us.
Timing of Payments to You. We will make payments to you on a scheduled basis when payments due to you meet the minimum payout balance. Our current payment schedule is available here. We may change the payment schedule at our discretion, at any time. Payment to you may also be delayed for payment processing reasons. For example, if a patient’s billing information is manually entered into the DrChrono Service or a patient’s payment is above a certain amount, there may be a processing delay to ensure proper collection of funds from the patient. When you terminate your account, DrChrono will pay you the remaining balance, minus our Transaction Fees.
Holding Payments Due to You. Unless we have collected patient payments due to you totaling at least the minimum payout balance or you terminate your access to the DrChrono Service, we will hold the funds and roll them into the next scheduled payment. We will continue to roll the funds to the next scheduled payment until the minimum payout balance is reached. Thereafter, we will make payment to you according to the payment schedule. If you decide to terminate your account with the DrChrono Service, we will make the payment due to you before closing your account. We are not liable for any interest on the funds we hold for you.
DrChrono’s Transaction Fees. DrChrono may charge a fee to collect payments from patients and disburse payment to you. As such term is used herein, our current “Transaction Fee” schedule is located here.
Government Taxes, Fees, and Service Charges. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the DrChrono Service. DrChrono is not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.
Fees Charged by Third-Party Payment Processors. The DrChrono Service uses third parties to process payments, which may include your financial institution. Use of such third-party payment services and financial institutions is subject to their terms and conditions of use. Such third parties may charge fees to process payments, and DrChrono is not responsible for them. These fees are available to you upon your written request to DrChrono. You are responsible for such fees, and DrChrono disclaims all liability with regards to any fees or problems you have with third-party payment processors. For example, you are responsible for any charges or fees that may be imposed by your bank under its terms and conditions as a result of using the DrChrono Service.
United States Dollars. All monetary transactions take place in U.S. dollars.
Electronic Payments Report. DrChrono may allow you to access reports showing the financial transactions between you and your patients. We rely on third parties for the information we display in the reports, and we are not responsible for their timeliness or accuracy.
IV) Protected Health Information Practices
When we maintain or process protected health information, we comply with HIPAA and a Business Associate we have formed with you.
You agree to use the DrChrono Service only as permitted by HIPAA and other applicable data privacy laws.
As part of our internal compliance control, to the extent DrChrono uses third party business processing outsourcing vendors in connection with our provision of the DrChrono Services, we reserve the right to conduct an audit of their operations in our discretion.
Patient-Collected Data. For the avoidance of doubt, each of DrChrono, You, as well as each patient/end-user of Yours (a “Patient”) and DrChrono Inc. (the entity) shall have rights to use the Patient-Collected Data. As used herein, the “Patient-Collected Data” shall mean the PHI that is collected in connection with Your use of the DrChrono Services. In the event that Patient requests its Patient-Collected Data from DrChrono whether during the then applicable Contract Term (as defined in Your Agreement) or after the expiration or termination of this Agreement, DrChrono shall use its reasonable efforts to provide the Patient-Collected Data to a Patient. As used herein, “PHI” shall mean individually identifiable health information, as that term is defined in 45 C.F.R. § 160.103.
V) Service Access, Account Creation and Secure Credentials
If you create an account on behalf of a health service provider, you agree you have the authority to do so and that you are binding the health service provider.
We may take steps to verify you are a health service provider.
You are responsible for your log-in credentials and for keeping your account information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the DrChrono Service.
Owner of Account and Health-Related Information. The primary account holder (i.e., health service provider) holds the legal rights to the DrChrono Service account and the information posted to the DrChrono Service by your business entity.
Accurate Account Information. You represent and warrant that the information you provide to DrChrono upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
Verification. You agree that we may take steps to verify your identity and credentials as a health service provider at any time. You agree that we may use and disclose information, including “Confidential Information,” about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the DrChrono Service at any time if we are unable at any time to determine or verify your qualifications or credentials.
Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the DrChrono Service.
Notification in Case of Breach. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify DrChrono support. You will be solely responsible for the losses incurred by DrChrono and others (including patients) due to any unauthorized use of your account that takes place prior to notifying DrChrono that your account has been compromised.
Additional Use Terms. You shall access the DrChrono Services and DrChrono Content only: (i) through Your Authorized Users acting within the scope of their service for You; (ii) on DrChrono’s servers as authorized by DrChrono; (iii) for Your internal use; and (iv) from and within the United States. If You are an RCM Client, You shall not use, directly or indirectly, any patient service-related billing system or method other than the DrChrono Services and DrChrono Content, including cash billing systems, unless You (i) use a different tax identification number for claims submitted through a different billing system, or (ii) agree to use DrChrono’s mixed remittance process with respect to such claims.
DrChrono may communicate with you by email or by posting notice on the DrChrono Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for informational and customer service-related purposes.
Electronic Notices. By using the DrChrono Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the DrChrono Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the DrChrono Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us.
VII) DrChrono’s Content Ownership and Use
DrChrono owns all of the content we create, but you may use it while you use the DrChrono Service. You cannot use our logo without our written permission.
The contents of the DrChrono Service include: means the DrChrono website, the DrChrono Services, materials, DrChrono Service descriptions, proprietary methods, templates, spreadsheets, databases and other electronic tools created or owned by DrChrono, including all data and information included in or entered into the DrChrono Service that DrChrono compiles, sorts, integrates, normalizes, analyzes, maps, stores, processes, selectively aggregates and/or combines with multiple disparate data sources, for comparison, benchmarking or other similar and lawful purposes, as well as edits, improvements, additions, modifications, interfaces, and derivative works prepared from or relating to any of the foregoing, and any and all tangible and intangible works of authorship, copyrights, patents, trademarks, trade secrets and trade dress, and all intellectual property rights in any of the foregoing (collectively, “DrChrono Content”). All DrChrono Content and the compilation (meaning the collection, arrangement, and assembly) of all DrChrono Content are the property of DrChrono or its licensors and are protected under copyright, trademark, and other laws.
DrChrono Marks. DrChrono, the DrChrono logo, and other DrChrono logos and product and service names are or may be trademarks of DrChrono (the “DrChrono Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the DrChrono Marks.
VIII) Confidential Information
“Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include the content you post to the DrChrono Service, not including personal and health-related information; DrChrono Confidential Information shall include the DrChrono Service, customer feedback, and information relating to the performance, reliability, or stability of the DrChrono Service, operation of the DrChrono Service, know-how, techniques, processes, ideas, algorithms, and software design and architecture; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
IX) Intellectual Property Rights and Your License to Use
You, or the people who allow you to use their content, own all of the content you create using the DrChrono Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it work better on the DrChrono Service.
It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
DrChrono Claims No Ownership. The DrChrono Service may provide you with the ability to create, post, or share content (“Your User Content”). DrChrono claims no ownership over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the DrChrono Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, as a result of your use of the DrChrono Service, any right, title, or interest in or to such content delivered via the DrChrono Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
X) Copyright Policy
Let us know if you think a user has violated your copyright using the DrChrono Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the DrChrono Service infringe your copyright, you (or your agent) may send DrChrono a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the DrChrono Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DrChrono to locate the material on the DrChrono Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send DrChrono a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the DrChrono Service should be sent to DrChrono support. Consult your legal advisor and see 17 U.S.C. Section 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
XI) Suggestions and Submissions
Do not send us your ideas for a new business or functionality. If you do, we can use them without compensating you.
DrChrono appreciates hearing from its users and welcomes your comments regarding the DrChrono Service. Please be advised, however, that DrChrono does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While DrChrono values your feedback on our services, clinical workflows, medical templates or other feedback with respect to the DrChrono Services or DrChrono Content (collectively, “Feedback”), please be specific in your comments and do not submit creative ideas. If, despite this request, you send DrChrono creative ideas, DrChrono shall:
- own, exclusively, all now known or later discovered rights to the Feedback;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and
- be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
For the avoidance of doubt, You shall, and hereby do, hereby irrevocably assign to DrChrono Your entire right, title and interest in and to the Feedback without restriction.
XII) User Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users, vendors, or suppliers will be at your own risk. By using the DrChrono Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the DrChrono Service. DrChrono does not endorse any, nor is it responsible for, User Content on the DrChrono Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Do not do bad things with the DrChrono Service, try to break it, or steal our hard work.
You agree to use the DrChrono Service only for its intended purpose and in an authorized manner. You must use the DrChrono Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the DrChrono Service are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the DrChrono Service, user accounts, or the technology and equipment supporting the DrChrono Service;
- frame or link to the DrChrono Service without permission;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the DrChrono Service to a third party without our express written consent;
- use the DrChrono Service in an illegal way or to commit an illegal act in relation to the DrChrono Service or that otherwise results in fines, penalties, and other liability to DrChrono or others; or
- access the DrChrono Service from a jurisdiction where it is illegal or unauthorized.
If you do not act acceptably and responsibly, we may refuse to provide the DrChrono Service to you.
We reserve the right to suspend or terminate your account and prevent access to the DrChrono Service for any reason, at our discretion. We reserve the right to refuse to provide the DrChrono Service to you in the future.
XIV) DrChrono’s Liability
We are not liable for anything our users do when using the DrChrono Service. We may also change the DrChrono Service at any time and are not liable for how this may affect you. We don’t guarantee the quality or accuracy of any content you view using the DrChrono Service or other websites.
Changes to the DrChrono Service. We may change, suspend, or discontinue any aspect of the DrChrono Service at any time, including hours of operation or availability of the DrChrono Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the DrChrono Service, including payment processors and speech-to-text providers. We are also not responsible for disputes or disagreements between you and any patient with or for whom you or the patient have used the DrChrono Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release DrChrono of all claims, demands, and damages in disputes among users of the DrChrono Service. You also agree not to involve us in such disputes. Use caution and common sense when using the DrChrono Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the DrChrono Service, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, such as data resulting from the speech-to-text functionality, or the quality or nature of third-party products or services obtained through the DrChrono Service. Use the DrChrono Service at your own risk.
We make no promises and disclaim all liability of specific results from the use of the DrChrono Service.
Released Parties Defined. “Released Parties” includes DrChrono and our affiliates, officers, employees, agents, partners, and licensors.
- DISCLAIMER OF WARRANTIES
You use the DrChrono Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE DRCHRONO SERVICE IS AT YOUR SOLE RISK, AND THE DRCHRONO SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR (INCLUDING ANY AND ALL THIRD PARTY) SERVICES OFFERED BY BUSINESSES LISTED ON THE DRCHRONO SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) THE DRCHRONO SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE DRCHRONO SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DRCHRONO SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE DRCHRONO SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DRCHRONO SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the DrChrono Service. If you use the DrChrono Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DRCHRONO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE DRCHRONO SERVICE OR THE DRCHRONO CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE DRCHRONO SERVICE OR YOUR USE OF THE DRCHRONO CONTENT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE DRCHRONO SERVICE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (VI) ANY OTHER MATTER RELATING TO THE DRCHRONO SERVICE OR THE DRCHRONO CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE DRCHRONO SERVICE OR YOUR USE OF DRCHRONO CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
XV) Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the DrChrono Service.
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
XVI) Chargebacks; Debt Collections
The DrChrono Service may integrate with a third-party payment processor(s) (each, a “Payment Processor”) that process third party credit card payments on your behalf through your account on the DrChrono Service (the “Payments”). If a chargeback occurs with respect to any Payments processed on your behalf (a “Chargeback”), then you agree that, as between you and DrChrono, you will be solely responsible for the amount of the disputed Payment and any additional fees or penalties which are charged by the Payment Processor (collectively, the “Chargeback Amount”). DrChrono will use reasonable efforts to notify you if a Payment Processor notifies DrChrono that a Chargeback has occurred, and you agree to assist DrChrono as necessary to investigate and resolve the Chargeback. In the event that a Chargeback occurs and DrChrono pays any Chargeback Amounts to the Payment Processor that is attributable to Payments processed on your behalf, you further agree to pay to DrChrono any Chargeback Amount associated with such Chargeback, and hereby authorize DrChrono to charge the balance of such Chargeback Amount to your default payment method, plus a service fee equal to the greater of (x) $15 or (y) such amount that is charged by any third party and/or any other financial institution(s) (the “Service Fee(s)”). If a Chargeback is resolved in your favor and the Payment Processor gives DrChrono a credit for some or all of the Chargeback Amount, then DrChrono shall refund to you such credited amounts. The Service Fee is non-refundable. In the event that you request a refund of any Payments, you will be responsible for any and all credit card or third party processing fees. For the avoidance of doubt, such credit card and/or third party processing fees shall not be refundable to you if you request a refund of any Payments. In the event that: (i) a chargeback dispute is resolved in your favor, DrChrono reserves the right to terminate Your Agreement (and suspend the DrChrono Services) at any time following prior written notice to you; and (ii) if you remain in default of your payment obligations under Your Agreement, then we may engage a third-party debt collector to seek recovery of any such past due amounts.