Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and DoctorApex ("we," "us," or "our") governing your access to and use of doctorex.com and all related services, features, and content (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting. Your continued use of the Service following any changes indicates your acceptance of the modified Terms.

2. Medical Disclaimer - NOT MEDICAL ADVICE

2.1 Not Medical Advice: Nothing contained in this Service constitutes medical advice, diagnosis, treatment, or professional healthcare services. The Service provides directory information about healthcare providers but does not provide medical advice or healthcare services of any kind.

2.2 No Doctor-Patient Relationship: Use of this Service does not create a doctor-patient relationship, healthcare provider relationship, or any professional-client relationship between you and DoctorApex, any healthcare provider listed in our directory, or any third party. You acknowledge that you should not rely solely on information obtained from this Service for any medical decisions.

2.3 Emergency Situations: IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL SITUATIONS.

2.4 Consult Your Healthcare Provider: Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information you have obtained through this Service.

3. Service Description and Data Sources

3.1 Directory Service: DoctorApex is an online directory that provides information about healthcare providers, medical facilities, and organizations. The Service aggregates and displays information primarily sourced from the National Provider Identifier (NPI) registry maintained by the Centers for Medicare & Medicaid Services (CMS).

3.2 Data Accuracy Disclaimer: While we strive to maintain accurate and up-to-date information, we make no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of any information provided through the Service. Healthcare provider information may change without notice, and we cannot guarantee that all information displayed is current or correct.

3.3 Verification Responsibility: You are solely responsible for verifying all provider information, including but not limited to credentials, specialties, contact information, insurance acceptance, and availability before seeking services from any healthcare provider listed in our directory. We strongly recommend that you independently verify all information with the healthcare provider directly.

3.4 No Endorsement: The inclusion of any healthcare provider in our directory does not constitute an endorsement, recommendation, or guarantee of the quality of services provided by such provider. We do not evaluate, screen, or verify the credentials, qualifications, or competence of healthcare providers listed in the directory.

4. User Responsibilities and Prohibited Conduct

4.1 Lawful Use: You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate DoctorApex, a DoctorApex employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To scrape, data mine, or use automated tools to extract data from the Service without express written permission
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service

4.2 Account Security: If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

5. Limitation of Liability

5.1 Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

5.2 No Liability for Healthcare Outcomes: WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR ANY MEDICAL OUTCOMES, HEALTHCARE DECISIONS, OR CONSEQUENCES RESULTING FROM YOUR USE OF THE SERVICE OR YOUR INTERACTIONS WITH ANY HEALTHCARE PROVIDER LISTED IN OUR DIRECTORY.

5.3 Limitation of Damages: IN NO EVENT SHALL DOCTORAPEX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Medical treatment or lack thereof from any healthcare provider

5.4 Maximum Liability: OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

6. Indemnification

You agree to defend, indemnify, and hold harmless DoctorApex and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your interactions with any healthcare provider listed in our directory
• Any medical treatment or healthcare services you receive or fail to receive
• Your violation of any rights of another person or entity

7. HIPAA Compliance and Privacy

7.1 Not a Covered Entity: DoctorApex is not a healthcare provider, health plan, or healthcare clearinghouse and is not subject to the Health Insurance Portability and Accountability Act (HIPAA) as a covered entity. We are a directory service only.

7.2 No Protected Health Information: You should not submit any protected health information (PHI) or personal medical information through this Service. We are not equipped to handle PHI and cannot guarantee HIPAA-compliant handling of such information.

7.3 Privacy Policy: Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

8. Intellectual Property Rights

8.1 Our Property: The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DoctorApex, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to normal web browsing.

8.3 Public Data: Provider information displayed in our directory is sourced from public databases, primarily the CMS NPI registry. While the underlying data is public, our compilation, organization, and presentation of this data is proprietary.

9. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by DoctorApex. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that DoctorApex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Dispute Resolution and Arbitration

10.1 Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association.

10.2 Class Action Waiver: YOU AND DOCTORAPEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10.3 Exceptions: Notwithstanding the above, either party may seek equitable relief in court for infringement or other misuse of intellectual property rights.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Delaware for any actions not subject to arbitration.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Severability and Waiver

13.1 Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13.2 Waiver: No waiver by DoctorApex of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

14. Force Majeure

DoctorApex shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and DoctorApex concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Service.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

17. Contact Information

For questions, concerns, or legal notices regarding these Terms, please contact us at: