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 * Terms of use
 * Privacy policy
 * Acceptable use policy




TERMS OF USE

Effective Date: January 27, 2022

We hope you love using Zocdoc. We really do. This document contains important
information that you need to consider before using Zocdoc.


The following terms and conditions (the “Terms of Use” or the “Agreement”)
constitute an agreement between you and ZocDoc, Inc. (“Zocdoc,” “we,” or “us”),
the operator of Zocdoc.com and related websites, applications, services and
mobile applications, and all associated services (collectively, the “Services”)
provided by Zocdoc and on/in which these Terms of Use are posted or referenced.
For the purposes of these Terms of Use, the “Services” include, without
limitation, scheduling pages maintained by Zocdoc on behalf of third parties and
appointment scheduling technology integrated into third party websites. This
Agreement constitutes a contract between you and us that governs your access and
use of the Services. What does that mean? It means that by accessing and/or
using our Services, you agree to all the terms and conditions of this Agreement.
If you do not agree, then you may not use the Services. As used in this
Agreement, “you” means any visitor, user, or other person who accesses our
Services; whether or not such person registered for a Zocdoc Account (as defined
in Section 1).

If your use of the Services is terminated for any reason, then: (a) this
Agreement will continue to apply and be binding upon you with regard to your
prior use of the Services (as well as any subsequent and unauthorized use of the
Services), including your indemnification obligations as described herein; and
(b) any rights or licenses granted to us under this Agreement will survive such
termination.

Zocdoc’s collection and use of Personal Data in connection with the Services is
described in Zocdoc’s Privacy Policy (“Personal Data” as defined therein).

IMPORTANT: PLEASE REVIEW THE ARBITRATION NOTICE AND CLASS ACTION WAIVER IN
SECTION 17.1 BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN
YOU AND ZOCDOC BY BINDING, INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE
THAT YOU AND ZOCDOC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER
ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST
ZOCDOC. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS
IMPORTANT DECISION.

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

If you don’t agree with the new Terms of Use, 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 of Use is effective,
that means you agree to all of the changes.

Any disputes under this Agreement will be governed by the version of Agreement
in effect at the time of the first event which gave rise to the dispute. Except
for changes by us as described here, no other amendment or modification of these
Terms of Use will be effective unless made in writing and signed by both you and
us.

We may from time to time add new features to the Services, substitute a new
service for one of the existing Services, or discontinue or suspend one or any
part of the existing Services. Under no circumstances will Zocdoc be liable for
any suspension or discontinuation of any of the Services or portion thereof, and
any use of new features or services will be governed by this Agreement.

If you create a Zocdoc Account or use the Services on behalf of an individual or
entity other than yourself, you represent that you are authorized by such
individual or entity to accept this Agreement on such individual’s or entity’s
behalf and bind them to this Agreement (in which case, the references to “you”
and “your” in this Agreement, except for in this sentence, refer to that
individual or entity).


1. ABOUT THE SERVICES

Subject to these Terms of Use, Zocdoc grants you a limited, non-exclusive,
revocable, non-sublicensable, non-transferable license to use the Services in
accordance with these Terms of Use. Portions of the Services can be viewed
without a Zocdoc Account. However, to benefit from all of the Services we offer,
you must create an account (a “Zocdoc Account”) and provide certain basic
information about yourself. If you do provide us with any information, you
authorize Zocdoc to use and disclose it as described in our Privacy Policy.

While utilizing the Services, you may encounter certain Content that Zocdoc
makes available to you. “Content” means content, text, data, graphics, images,
photographs, video, audio, information, suggestions, articles, scheduling
availability, guidance, and other materials provided, made available or
otherwise found through the Services, including, without limitation, Content
provided in direct response to your questions or postings. You acknowledge that
although some Content may be provided by healthcare professionals, the provision
of such Content does not create a medical professional/patient relationship, and
does not constitute an opinion, medical advice, or diagnosis or treatment, but
is provided to assist you in choosing a doctor, dentist or other healthcare
specialist, professional, provider, organization, or agent or affiliate thereof
(collectively, “Healthcare Providers”) or otherwise be generally informative.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE
NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH
RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF
PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST
INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN
RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER
OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED IN CONTENT AND/OR ACCESSIBLE
THROUGH THE SERVICES.


2. WE DO NOT PROVIDE MEDICAL ADVICE

Zocdoc is not a healthcare provider. The Content that you obtain or receive from
Zocdoc, its employees, contractors, partners, sponsors, advertisers, licensors
or otherwise through the Services, is for informational, scheduling and payment
purposes only. All medically related information, including, without limitation,
information shared via Zocdoc Answers, Zocdoc Knowledge Base, Zocdoc Blog,
Zocdoc social channels, Zocdoc emails and text messages, and Zocdoc advertising
is for informational and communicative purposes only.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT
INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE,
DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF
YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE
OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A
HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR
OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED
TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY,
NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF
MEDICAL CARE.

Zocdoc is not a referral service and does not refer, recommend or endorse any
particular Healthcare Provider, test, procedure, opinion, or other information
that may appear through the Services. If you rely on any Content, you do so
solely at your own risk. We encourage you to independently confirm any Content
relevant to you with other sources, including the Healthcare Provider’s office,
medical associations relevant to the applicable specialty, your state medical
boards, and the appropriate licensing or certification authorities to verify
listed credentials and education.


3. NO DOCTOR PATIENT RELATIONSHIP

DOCTORS, DENTISTS, NURSES, AND OTHER MEDICAL PROFESSIONALS USE THE SERVICES TO
SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR
HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED
WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS
PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER
COMMUNICATIONS FROM ZOCDOC INCLUDING, WITHOUT LIMITATION, THE “FIND A DOCTOR”
FEATURE, ZOCDOC ANSWERS, ZOCDOC KNOWLEDGE BASE, ZOCDOC BLOG, ZOCDOC SOCIAL
CHANNELS, ZOCDOC EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE
WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.

Zocdoc encourages Healthcare Providers to use the Services responsibly, but we
have no control over, and cannot guarantee the availability of, any Healthcare
Provider at any particular time. We will not be liable for cancelled or
otherwise unfulfilled appointments, or any injury or loss resulting therefrom,
or for any other injury or loss resulting or arising from, or related to, the
use of the Services whatsoever.


4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE
PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS

In connection with using the Services to schedule appointments with Healthcare
Providers, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT
LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE
FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION,
LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR
CARE.

Zocdoc or its designee takes certain limited steps to (a) verify that Healthcare
Providers participating in the Services hold certain active licenses,
certifications or registrations required by law to practice the specialties of
the services offered by them through the Services, and (b) verify that
Healthcare Providers are not listed in the U.S. Department of Health and Human
Services Office of the Inspector General Exclusion database. Zocdoc may also
exclude Healthcare Providers from our Services who, in Zocdoc’s discretion, have
engaged in inappropriate or unprofessional conduct (including, but not limited
to, conduct in violation of our Community Standards).

While all qualified providers are eligible to use our Services, Zocdoc’s lists
of Healthcare Providers are not exhaustive. Healthcare Providers choose whether
to participate in the Services, what appointment availability, if any, to
advertise on their Zocdoc profiles, and may also choose to set a maximum amount
that they want to spend on new patient bookings received through Zocdoc. This
means that regardless of whether they participate in the Services, Healthcare
Providers may have additional availability beyond what’s listed through the
Services if you contact them directly. Some Healthcare Providers listed through
the Services enter into contracts with us, and may pay us fees in order to be
marketed through or to use the Services. If you book an appointment with a
Healthcare Provider through the Services, Zocdoc may receive a commission.

To help you find Healthcare Providers who may be suitable for your needs, and
enable the maximum choice and diversity of Healthcare Providers participating in
the Services, we will provide you with lists and/or profiles of Healthcare
Providers. These results are based on information that you provide to us, such
as insurance information, geographical location, and healthcare specialty and/or
services they provide. They may also be based on other criteria (including, for
example, Healthcare Provider availability, past selections by and/or ratings of
Healthcare Providers by you or by other Zocdoc users, and past experience of
Zocdoc users with Healthcare Providers). Please note that there may be other
Healthcare Providers who meet your search criteria but are not available through
Zocdoc.

Zocdoc (a) does not employ, refer, recommend, or endorse any Healthcare
Providers, (b) does not make any representations or warranties with respect to
these Healthcare Providers or the quality of the services they may provide, (c)
is not responsible for ensuring that information (including credentials) a
Healthcare Provider provides about himself or herself is accurate or up-to-date,
(d) is not responsible for making sure that Healthcare Providers’ services are
actually provided or are up to a certain standard of quality, and (e) does not
receive any additional fees from Healthcare Providers for featuring them (i.e.,
higher or better placement on lists) through the Services (subject to Sponsored
Results as described below). We don’t control the actions of any Healthcare
Providers and Healthcare Providers are not our employees. Note, however, to the
extent that you use the Services as provided by your employer, Zocdoc may
provide lists and/or profile previews based also on criteria determined by your
employer and your employer’s agents or advisors. In addition, to the extent that
Zocdoc serves as a platform for, or provides technical support to, the provider
directory associated with your health coverage, Healthcare Providers will appear
in the directory based on criteria determined by your health plan or plan
sponsor, as applicable.

We may show you advertisements or sponsored results (“Sponsored Results”)
through the Services, including above or interspersed within the search results.
Zocdoc receives additional fees from Healthcare Providers for including them in
Sponsored Results, and such Sponsored Results are not, and should not be
considered, an endorsement, referral or recommendation by Zocdoc of the
Healthcare Provider. Sponsored Results are conspicuously labeled as “Sponsored”
or “Paid Ad” in the Services.


5. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES

The Services are an informational and educational resource for consumers and
Healthcare Providers. We may, but have no obligation to, publish Content through
the Services that is reviewed by our editorial personnel. No party (including
Zocdoc) involved in the preparation or publication of such works guarantees that
the Content is timely, accurate or complete, and they will not be responsible or
liable for any errors or omissions in, or for the results obtained from the use
of, such Content.

Healthcare Provider Content:

Content related to Healthcare Providers and their practices (“Healthcare
Provider Content”) is intended for general reference purposes only. Healthcare
Provider Content may be provided by the Healthcare Provider and/or office staff,
and collected from multiple other data sources that may not be confirmed by the
Healthcare Provider. While we make efforts to confirm Healthcare Provider
Content and keep it up to date, it can change frequently and may become out of
date, incomplete or inaccurate at any time. Zocdoc does not provide any advice
or certification regarding the qualifications of any particular Healthcare
Provider.

Procedures/Products/Services:

Procedures, products, services and devices discussed and/or marketed through the
Services are not applicable to all individuals, patients or all clinical
situations. Any procedures, products, services or devices represented through
the Services by advertisers, sponsors, and other participants of the Services,
either paid or unpaid, are presented for your awareness and do not necessarily
imply, and we make no claims as to, safety or appropriateness for any particular
individual or prediction of effectiveness, outcome or success.

Insurance Content:

Insurance and insurance related Content (including, without limitation,
insurance coverage and benefit Content) (“Insurance Content”) is intended for
general reference purposes and for your convenience only. Insurance Content may
be based on Personal Data you provide to us as well as Healthcare Provider
Content (such as CPT codes and other encounter data). Insurance Content may also
be provided either directly by the insurance provider you identify or via a
third-party clearinghouse. Insurance Content can change frequently and may
become out of date, incomplete or inaccurate. You agree that you will (a)
provide accurate and complete insurance-related Personal Data, and (b) verify
and maintain accurate insurance-related Personal Data (including, without
limitation, verifying such Personal Data obtained by automated means from an
insurance card you provide). Although Zocdoc strives to provide you with
accurate Insurance Content, we are not responsible for any inaccurate,
incomplete or outdated Insurance Content, and you are responsible for complying
with subparts (a) and (b) hereof.


6. MEDICAL INFORMATION

You may elect to enter certain medical information into the Services, including
by requesting an appointment or filling out a medical history form (“Medical
History Form”) on behalf of yourself or a third party from whom you have
authorization to provide such information. You can request (and in doing so,
authorize) Zocdoc to provide this information to your chosen Healthcare
Provider. You acknowledge and agree that such information will be reviewed and
approved by you or someone authorized by you at the time of your appointment to
ensure its accuracy. You also acknowledge that Zocdoc may use the data or
information you provide in a Medical History Form in accordance with our Privacy
Policy.


7. YOUR RESPONSIBILITIES


7.1 YOUR ZOCDOC ACCOUNT CREDENTIALS

When you create a Zocdoc Account, you will provide an email address and create a
password (collectively, “Credentials”). You should keep your Credentials private
and not share your Credentials with anyone else. You must immediately notify us
if your password has been stolen or compromised by sending an email to
service@zocdoc.com. You promise to provide us with accurate, complete, and
updated registration information about yourself. You may also be able to connect
to the Services maintained by a third party company, such as Facebook, Inc.,
Google LLC (“Google”) or Apple Inc. (“Apple”). If you connect to the Services
through a third party service, you give us permission to access and use your
information from such third party service as permitted by such third party
service, and to store your log-in credentials for such third party service. You
are ultimately in control of how much information is accessible to us and may
exercise such control by adjusting your privacy settings on such third party
service. Zocdoc has no control over, and assumes no responsibility for, the
services, content, accuracy, privacy policies, or practices of or opinions
expressed by any such third party.


7.2 YOUR RESPONSIBILITIES GENERALLY

While it’s free to create a Zocdoc Account and download our app, you are still
responsible for your healthcare expenses. Any charges for any medical or related
services rendered by Healthcare Providers will apply and will be entirely your
responsibility. You are responsible for ensuring that all information that you
provide to Zocdoc is accurate and up-to-date, including your insurance
information. Some Services may not be available through Zocdoc or your
Healthcare Provider depending upon a number of factors, including your insurance
participation. Ultimately, you must resolve any dispute between you or any
Healthcare Provider arising from any transaction hereunder directly with the
Healthcare Provider.

You are responsible for all use of the Services and for all use of your
Credentials, including use by others to whom you have given your Credentials.
You may only use the Services for lawful, non-commercial purposes. If your use
of the Services is prohibited by applicable laws, then you aren’t authorized to
use the Services. You may not use the Services in any manner that could damage,
disable, overburden, or impair our servers or networks, or interfere with any
other party’s use and enjoyment of the Services. You may not attempt to gain
unauthorized access to any of the Services, user accounts, or computer systems
or networks, through hacking, password mining or any other means. You may not
accumulate or index, directly or indirectly, any Content or portion of the
Services (including, without limitation, Healthcare Provider Content,
appointment availability, price information, and Insurance Content) for any
purpose whatsoever.

You are also responsible for reviewing and complying with the terms set forth in
our Acceptable Use Policy and our Community Standards.

In addition to our rights in these Terms of Use, we may take any legal action
and implement any technological measures to prevent violations of the
restrictions hereunder and to enforce these Terms of Use, our Acceptable Use
Policy, and our Community Standards.


7.3 RESPONSIBILITIES OF HEALTHCARE PROVIDERS AND OTHERS IN THE HEALTHCARE OR
MEDICAL INDUSTRIES

If you are a Healthcare Provider or other person or entity in the healthcare or
medical industries, regardless of whether you maintain a Zocdoc Account or
whether you schedule or intend to schedule appointments through the Services,
you acknowledge and agree that:

(a) You will not use the Services to view, access or otherwise use, directly or
indirectly, price, availability, or other Content for any purpose other than
your own personal use as a patient or prospective patient;

(b) You will not use the Services to establish, attempt to establish, or
enforce, directly or indirectly, any agreement or coordination of the prices
charged for any product or service; the kinds, frequencies or amounts of any
product or service offered; or the customer or customer categories for any
product or service, or otherwise engage or attempt to engage in price fixing,
output restriction, or customer or market allocation; and

(c) You will not use the Services, directly or indirectly, to engage in any
anti-competitive, deceptive or unfair practices (including but not limited to
booking fraudulent healthcare appointments), or otherwise violate applicable
antitrust, competition or consumer protection laws, or regulations.


7.4 DISPUTES BETWEEN USERS

If there is a dispute between participants on this site or Services, or between
users and any third party (including but not limited to Healthcare Providers),
you agree that Zocdoc is under no obligation to become involved. In the event
that you have a dispute with one or more other users or Healthcare Providers,
you release Zocdoc, its directors, 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.


8. TELEMEDICINE SERVICES

You may be able to utilize certain telemedicine services through the Services,
including but not limited to via Zocdoc’s video service (“Zocdoc Video
Service”). Zocdoc is not a healthcare provider, insurance provider, or a
prescription fulfillment warehouse. In providing the Zocdoc Video Service,
Zocdoc’s role is limited to making certain telehealth related information
available to you and/or facilitating your access to telemedicine services
provided by Healthcare Providers. Zocdoc is not responsible for such Healthcare
Providers’ acts or omissions, or for any content of your communications with
them. Zocdoc is independent of the Healthcare Providers, and does not employ or
otherwise exercise any control over the services provided by Healthcare
Providers, regardless of whether they utilize the Zocdoc Video Service.



9. THIRD PARTY LINKS AND SERVICES


9.1 LINKS TO OTHER WEBSITES

While using the Services, you may encounter links to other websites. These links
are provided for your convenience only and we do not endorse these sites or the
products and services they provide. You acknowledge and agree that we are not
responsible or liable for the content or accuracy of these other websites.
Although we attempt to link to trustworthy websites, it is possible that they
will contain materials that are objectionable, unlawful, or inaccurate and we
will not be responsible or liable for the legality or decency of material
contained in or accessed through such other websites. 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 dealing, 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 Zocdoc will not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings.


9.2 THIRD PARTY SOFTWARE

We may incorporate third party software as part of certain of the Services,
including without limitation open source third party software. Your use of such
third party software is subject to any and all applicable additional terms and
conditions governing such use provided by the third party software provider.
Where applicable, additional notices relating to the third party software may be
provided by us, which for example may contain attribution and disclaimer notices
applicable to the third party software.


9.3 APPLICATION STORES

You acknowledge and agree that the availability of our mobile application is
dependent on the third party stores from which you download the application
(e.g., the Apple App Store, Google Play or other store or distribution platform
(each, an “Application Provider”)). Each Application Provider may have its own
terms and conditions to which you must agree before downloading mobile
applications from such store. You agree to comply with, and your license to use
our application is conditioned upon your compliance with, such Application
Provider terms and conditions. To the extent such other terms and conditions
from such Application Provider are less restrictive than, or otherwise conflict
with, the terms and conditions of these Terms of Use, the more restrictive or
conflicting terms and conditions in these Terms of Use apply.


If you are accessing the Services via an application (an “Application”) through
an Application Provider, you acknowledge and agree that: (i) these Terms of Use
are between you and us, and not with the Application Provider, and that we are
responsible for the Services, not the Application Provider; (ii) the Application
Provider has no obligation to furnish maintenance and support services or handle
any warranty claims; (iii) the Application Provider is not responsible for
addressing any claims you or any third party have relating to the Application;
(iv) the Application Provider is a third party beneficiary of these Terms of Use
as related to your use of the Application, and the Application Provider will
have the right (and will be deemed to have accepted the right) to enforce these
Terms of Use as related to your use of the Application against you; (v) in the
event of any third-party claim that the Application or your possession and use
of the Application infringes that third party’s intellectual property rights,
Zocdoc, and not Application Provider, will be responsible for the investigation,
defense, settlement, and discharge of any such infringement claim; and (vi) you
are not located in a country subject to a U.S. government embargo, or that has
been designated by the U.S. government as a “terrorist supporting” country, and
that you are not listed on any U.S. government list of prohibited or restricted
parties. The foregoing terms apply to your use of all the Services, including
the Application.



10. PAYMENT AND TRANSACTION PROCESSING


10.1 PAYMENT AND TRANSACTION PROCESSING GENERALLY

You may be permitted to use the Services to pay for Designated Provider Services
(as defined in Section 10.2), other products or services provided by the
applicable Healthcare Provider, and/or other payment obligations, including, for
example, your insurance copayments. In connection with such payments, we process
your payment card information in accordance with our Privacy Policy. Zocdoc
and/or its payment processing partner may collect from the applicable Healthcare
Provider a transaction processing fee for our billing, collection and payment
services (the “Transaction Processing Services”) performed in connection with
such payment. Please note that any payment terms presented to you in the process
of using or signing up for a paid service or the Transaction Processing Services
are deemed part of these Terms.


10.2 DESIGNATED PROVIDER SERVICES

Certain Healthcare Providers may provide through the Services price information
for their healthcare and related products and services (“Designated Provider
Services”), and permit you to use the Services to pay for such Designated
Provider Services.

Prior to scheduling an appointment for Designated Provider Services, please
carefully review (a) the price information, and (b) all of the products and
services that are included and excluded in each Designated Provider Service.
Healthcare Providers are required to provide the applicable Designated Provider
Service at or below the price indicated at the time of scheduling (“Designated
Price”), unless you separately agree otherwise. Services in addition to or
different from Designated Provider Services may be available, offered or
rendered by Healthcare Providers. You and your Healthcare Providers are
responsible for agreeing to pricing for any additional or different services.
ZOCDOC IS NOT RESPONSIBLE FOR YOUR OR ANY HEALTHCARE PROVIDER’S FAILURE TO AGREE
TO PRICING FOR ANY ADDITIONAL OR DIFFERENT SERVICES.



10.3 PAYMENT OF YOUR FINANCIAL OBLIGATIONS UNDER YOUR INSURANCE COVERAGE AND
BENEFITS

Certain Healthcare Providers may permit you to use the Services to pay for all
or a portion of your financial obligations under your insurance coverage and
benefits (the “Insurance Payment Services”).

While we endeavor to provide accurate Insurance Content (for example, your
copayment obligation), we make no guarantees and disclaim all warranties that
the Insurance Content is correct. You acknowledge that Insurance Content is
provided by the insurance provider or via a third-party clearinghouse. Please
also keep in mind that (a) Insurance Content is constantly being updated (for
example, to reflect amounts you may have paid earlier towards your deductible),
(b) you are likely to receive an explanation of benefits (or similar document)
from your insurance company after you receive your Healthcare Provider’s
services, and (c) you may ultimately owe your Healthcare Provider more than the
amount you paid through the Insurance Payment Services.


10.4 TRANSACTION PROCESSING

The transaction processing fee will not exceed the fair market value for the
Transaction Processing Services provided by Zocdoc and its payment processing
partner. Healthcare Providers may separately charge you for additional or
different products or services.

You acknowledge and agree that:

(a) you are responsible for and you will pay the Designated Price for the
Designated Provider Services charged through Zocdoc by the applicable Healthcare
Provider, as well as other amounts the applicable Healthcare Provider may charge
through Zocdoc for any additional or different services rendered during or
related to the applicable appointment;

(b) you remain responsible for paying all amounts required by law and/or
contract (e.g., health plan agreement), including all cost-sharing obligations
(such as, but not limited to, copayments, deductibles and other coinsurance
obligations);

(c) if you utilize our Transaction Processing Services, Zocdoc may process your
payment, and may do so in collaboration with our payment processing partner;

(d) Zocdoc is not responsible for any charges incurred for any products or
services provided by Healthcare Provider, including any Designated Provider
Service;

(e) Zocdoc is not responsible for any charges submitted for processing by
Healthcare Providers;

(f) in the event you dispute any fees chargeable or charged through Zocdoc by a
Healthcare Provider, you will resolve such dispute directly with the applicable
Healthcare Provider;

(g) if you utilize our Transaction Processing Services, you may be required to
accept the terms of use and privacy policy of our payment processing partner
with respect to Transaction Processing Services. Currently, we use Stripe, Inc.
as our payment processing partner. You can access Stripe’s Terms of Services at
https://stripe.com/us/checkout/legal; and

(h) you will promptly review all charges processed through the Transaction
Processing Services, and immediately notify Zocdoc to the extent you have any
questions, concerns or disputes; in no event may you raise any questions,
concerns or disputes after twelve (12) months from the date of the applicable
transaction; and

We are not responsible for any error by, or other acts or omissions of, the
payment processor. You further acknowledge and agree that neither Zocdoc nor our
payment processing partner will be responsible if either we or our payment
processing partner are unable to complete a transaction for any reason,
including but not limited to:

(A) if you have not provided us with accurate, current and complete payment
information;

(B) if you do not have sufficient available funds or available credit to
complete the transaction;

(C) if you do not have an active payment card, or if we are unable to confirm
your payment card information or your identity;

(D) if your account with us, your account with our payment processing partner,
your access to the Services, or your access to our payment processing partner’s
services has been terminated or suspended for any reason;

(E) if we or our payment processing partner have reason to believe that the
requested transaction is unauthorized; or

(F) if we terminate or suspend the services we provide to the applicable
Healthcare Provider.



11. REVIEWS AND OTHER CONTENT YOU POST OR SUBMIT

You will have the opportunity to submit feedback regarding your experiences with
Healthcare Providers you find through the Services, to submit inquiries
concerning possible medical needs, and to participate in the other interactive
or community features of the Services (collectively, “Posted Information”). It
is important that you act responsibly when providing Posted Information. Your
Posted Information must comply with our Acceptable Use Policy, and your
Healthcare Provider reviews must comply with our posted guidelines, as well as
any internal policies we may develop and implement from time to time. Please
note that while Zocdoc may moderate Posted Information (including but not
limited to Healthcare Provider reviews) for compliance with the requirements in
this paragraph, Zocdoc does not endorse or confirm the accuracy of any
statements made in such Posted Information; Posted Information reflects solely
the views or opinions of the author, and not of Zocdoc.

Please note that all of the following licenses are subject to our Privacy Policy
to the extent they relate to Posted Information that is also your
personally-identifiable information.

By posting Posted Information through the Services, you agree to and hereby
grant, and you represent and warrant that you have the right to grant, to Zocdoc
and its affiliates, agents, and contractors an irrevocable, perpetual,
royalty-free, fully sublicensable, fully paid up, worldwide license to use,
copy, publicly perform, digitally perform, publicly display, and distribute such
Posted Information and to adapt, edit, translate, prepare derivative works of,
incorporate into other works, and otherwise fully exploit such Posted
Information. You represent and warrant that you have all rights to grant such
licenses to us without infringement or violation of any third party rights,
including without limitation any privacy rights, publicity rights, copyrights,
trademarks, contract rights, or any other intellectual property or proprietary
rights. You may not post Posted Information which is false or fraudulent, or
which otherwise does not accurately represent your opinions and experiences.

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

Posted Information is the sole responsibility of the person from whom such
Posted Information originated and does not reflect the opinion of Zocdoc. Zocdoc
does not assume liability for Posted Information or for any claims, liabilities,
or losses resulting from any Posted Information.

We also welcome and encourage you to provide feedback, comments and suggestions
for improvements to the Services (“Feedback“). You may submit Feedback by
emailing us, reaching out to our social networking accounts, or by other means
of communication. Any Feedback you submit to us will be considered
non-confidential and non-proprietary to you. By submitting Feedback to us, you
grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable,
perpetual license to use and publish such Feedback for any purpose, without
compensation to you.


12. YOUR USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by
copyright, trademark, patent, and trade secret laws, other proprietary rights,
and international treaties. You acknowledge that the Services and any underlying
technology or software used in connection with the Services contain Zocdoc’s
proprietary information. We give you permission to use the Content for personal,
non-commercial purposes only and do not transfer any intellectual property
rights to you by virtue of permitting your use of the Services. You may print,
download, and store information from the Services for your own convenience, but
you may not copy, distribute, republish (except as expressly permitted herein),
sell, or exploit any of the Content, or exploit the Services in whole or in
part, for any commercial gain or purpose whatsoever. Except as expressly
provided herein, neither Zocdoc nor its suppliers grant you any express or
implied rights, and all rights in the Services not expressly granted by Zocdoc
to you are retained by Zocdoc.


13. DISCLAIMER

We created Zocdoc to improve patients’ healthcare experiences, and we want your
experience with Zocdoc to be exceptional. While we work hard to make that
happen, you acknowledge that we have no control over, and no duty to take any
action regarding: (a) which users gain access to the Services, (b) what Content
you access, (c) what effect the Content may have on you, (d) how you may
interpret or use the Content, or (e) what actions you may take as a result of
having been exposed to the Content. You release us from all liability for your
use or inability to use any Content. We and our 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
(Zocdoc and all such parties together, the “Zocdoc Parties”) make no
representations or warranties regarding suggestions or recommendations of
services or products offered or purchased through the Services, and the Zocdoc
Parties will not be responsible or liable for the accuracy, copyright
compliance, legality, or decency of material contained in or accessed through
the Services. We have no special relationship with or fiduciary duty to you.

WE (AND OUR LICENSORS AND SUPPLIERS) PROVIDE THE SERVICES “AS IS” AND “AS
AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE
CONTENT OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM
ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE
SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR
NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR
WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE
THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR
LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY,
RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE
SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ZOCDOC MAKES NO WARRANTIES ABOUT
THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE
SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION. ZOCDOC DOES NOT WARRANT THAT THE SERVICES WILL OPERATE
UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL
NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES,
CONTAMINANTS OR OTHER HARMFUL ITEMS.


14. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF
YOUR ZOCDOC ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY
AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES,
REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF
FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN A ZOCDOC ACCOUNT FOR USE OF
THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR
ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES, IN NO EVENT
SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED
THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES, IF ANY, REMITTED TO AND
RETAINED BY ZOCDOC FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR
APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO
THE APPLICABLE CLAIM.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL
THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE) SHALL ANY OF THE ZOCDOC PARTIES BE LIABLE TO YOU (OR TO ANY THIRD
PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR
INABILITY TO USE, THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST
PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE,
ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR MEDICAL
MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE
SERVICES, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE KNEW OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR
LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED
BY LAW.

YOU SHALL AND HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE
SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH SAYS IN SUBSTANCE
THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.”


15. TERMINATION

If you’re not using the Services in accordance with this Agreement, we reserve
the right, if we determine it is best, to terminate, suspend and/or deactivate
your Zocdoc Account immediately, without notice, if there has been a violation
of this Agreement, our Acceptable Use Policy, our Community Standards, or other
policies and terms posted through the Services by you or by someone using your
Credentials without authorization. We may also terminate, suspend or deactivate
your Zocdoc Account for any other reason, including inactivity for an extended
period. Zocdoc shall not be liable to you or any third party for any
termination, suspension or deactivation of your access to the Services. Further,
you agree not to attempt to use the Services after any such termination,
suspension or deactivation (except where deactivation is due solely to
inactivity, and you are permitted to create another Zocdoc Account). Account
termination may result in destruction of any content associated with your Zocdoc
Account. Sections 1 - 6, 9 - 18, and any other provisions that, by their nature,
should survive termination of these Terms of Use shall survive any termination
or expiration of these Terms of Use.

Zocdoc reserves the right to investigate and, at our discretion, take
appropriate legal action against anyone who violates these Terms of Use,
including without limitation, removing any offending communication from the
Services, terminating the Zocdoc Account of such violators, and or blocking your
use of the Services.


16. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless the
Zocdoc Parties from all liabilities, claims, damages (actual and consequential),
demands, and expenses, including reasonable attorney’s fees, that arise from or
are related to (a) your use of the Services; or (b) the violation of this
Agreement (including without limitation these Terms of Use, the Acceptable Use
Policy, and Community Standards); or (c) the violation of any intellectual
property or other right of any person or entity; or (d) by any person using your
Credentials without authorization. The foregoing indemnification obligation does
not apply to liabilities, claims and expenses arising as a result of our own
gross negligence or intentional misconduct.


17. ARBITRATION AGREEMENT

We hope that we can work out any disagreements you might have with Zocdoc. But
if there is a dispute that needs to be further resolved, that process will take
place according to this section. Please read the following ARBITRATION AGREEMENT
carefully, because it requires you to arbitrate certain disputes and claims with
Zocdoc and limits the manner in which you can seek relief from Zocdoc. Both you
and Zocdoc acknowledge and agree that for the purpose of any dispute arising out
of relating to the subject matter of these Terms of Use, Zocdoc’s officers,
directors, employees, and independent contractors (“Personnel”) are third-party
beneficiaries of these Terms of Use, and that upon your acceptance of these
Terms of Use, Personnel will have the right (and will be deemed to have accepted
the right) to enforce these Terms of Use against you as a third-party
beneficiary hereof.


17.1 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 New York County,
New York. 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.


17.2 COST OF ARBITRATION

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


17.3 SMALL CLAIMS COURT; INFRINGEMENT

Either you or Zocdoc may assert claims, if they qualify, in small claims court
in New York County, New York 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.


17.4 WAIVER OF JURY TRIAL

YOU AND ZOCDOC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND
HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Zocdoc 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 Zocdoc over whether to vacate or enforce an arbitration award,
YOU AND ZOCDOC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the
dispute be resolved by a judge.


17.5 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 CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver
of class or consolidated actions is deemed invalid or unenforceable, neither you
nor Zocdoc is entitled to arbitration; instead all claims and disputes will be
resolved in a court as set forth in (g) below.


17.6 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: Zocdoc,
Attn: Legal, 568 Broadway 9th Floor, New York, NY 10012, 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.


17.7 EXCLUSIVE VENUE

If you send the opt-out notice in Section 17.6, and/or in any circumstances
where the foregoing arbitration agreement permits either you or Zocdoc to
litigate any dispute arising out of or relating to the subject matter of these
Terms in court, then the foregoing arbitration agreement will not apply to
either party, and both you and Zocdoc agree that any judicial proceeding (other
than small claims actions) will be brought in the state or federal courts
located in, respectively, New York County, New York, or the federal district in
which that county falls.


17.8 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 Zocdoc.


18. MISCELLANEOUS


18.1 ELECTRONIC CONTRACTING; COPYRIGHT DISPUTE

Your affirmative act of using the Services and/or creating a Zocdoc Account
constitutes your electronic signature to this Agreement, which includes our
Privacy Policy, Acceptable Use Policy and Community Standards. This Agreement
and any other documents to be delivered in connection with the Services may be
electronically signed, and any electronic signatures appearing on this Agreement
or such other documents are the same as handwritten signatures for the purposes
of validity, enforceability, and admissibility.

Please visit our Acceptable Use Policy to review our copyright dispute policy.


18.2 SMS/TEXT COMMUNICATIONS

By voluntarily providing your cell phone number to Zocdoc, you agree that Zocdoc
may contact you by telephone, SMS, or MMS messages to send you information that
we think may be of interest to you at that phone number.

You hereby consent to receiving such communications for transactional,
operational, or informational purposes, 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 Zocdoc. You agree to
indemnify and hold Zocdoc 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.

Message and data rates from your mobile telephone service provider may apply and
are subject to the terms and conditions imposed by your provider. You can opt
out of receiving text messages at any time by adjusting your notification
settings in your account or otherwise following the given instructions for doing
so. Note that opting out of receiving all texts may impact your use of the
Services.

If you change or deactivate the phone number you provided to Zocdoc, you have an
affirmative obligation to update your account information and the phone
number(s) attached to your account to prevent us from inadvertently
communicating with anyone who acquires any phone number(s) previously attributed
to you, and any new phone number(s) you attach to your account may receive
Zocdoc’s standard SMS messages unless you also unsubscribe via the above
procedures.


18.3 LIMITATION OF CLAIMS

No action arising under or in connection with this Agreement, regardless of the
form, may be brought by you more than one (1) year after the cause of action
arose; actions brought thereafter are forever barred.



18.4 SEVERABILITY

In the event any one or more of the provisions of this Agreement shall for any
reason be held to be invalid, illegal or unenforceable, the remaining provisions
of this Agreement shall be unimpaired. Further, the invalid, illegal or
unenforceable provision shall be replaced by a provision that comes closest to
the intention of the parties that underlie the invalid, illegal or unenforceable
provision, except to the extent no such provision is valid, legal and
enforceable, in which case such invalid, illegal or unenforceable provision
shall be limited or eliminated to the minimum extent necessary so that the other
provisions of this Agreement remain in full force and effect and enforceable.


18.5 GOVERNING LAW; LANGUAGE

This Agreement shall be deemed to have been entered into and shall be construed
and enforced in accordance with the Federal Arbitration Act, applicable federal
law, and the laws of the State of New York as applied to contracts made and to
be performed entirely within New York, without giving effect to the state’s
conflicts of law statute. This Agreement and all documents referenced herein
were drafted in the English language and any translations thereof shall not be
binding on either party to the extent they conflict with the English versions.


18.6 ENTIRE AGREEMENT; WAIVER

This Agreement and any supplemental terms, policies, rules and guidelines posted
through the Services, each of which are incorporated herein by reference,
including the Privacy Policy, the Acceptable Use Policy and the Community
Standards, constitute the entire agreement between you and us and supersede all
previous written or oral agreements. The failure of either party to exercise in
any respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder.


18.7 HEADINGS

The headings of the sections of this Agreement are for convenience only, do not
form a part hereof, and in no way limit, define, describe, modify, interpret or
construe the meaning, scope or intent of this Agreement or any terms or
conditions therein.


18.8 ASSIGNMENT

We may assign this Agreement at any time, including, without limitation, to any
parent, subsidiary, or any affiliated company, or as part of the sale to, merger
with, or other transfer of our business or any assets to another entity. You may
not assign, transfer or sublicense this Agreement to anyone else and any attempt
to do so in violation of this section shall be null and void.


18.9 ELIGIBILITY

You must be 18 years of age or over, or the legal age to form a binding contract
in your jurisdiction if that age is greater than 18 years of age, to create a
Zocdoc Account or use the Services on your own. Those under the age of 13 may
not use the Services. If you are between the ages of 13 and 18 or the applicable
legal age in your jurisdiction, you can use the Services only under the
supervision of your parent or guardian who has agreed to these Terms of Use. By
using the Services on behalf of a minor child, you represent and warrant that
you are the parent or legal guardian of such child, and that all references in
these Terms of Use to “you” shall refer to such child or such other individual
on whose behalf you have authorization to enter into these Terms of Use and you
in your capacity as the parent or legal guardian of such child or as the
authorized party of such individual.

If you do not qualify under these Terms of Use, you may not use the Services.
Use of the Services is void where prohibited by applicable law, and the right to
access the Services is revoked in such jurisdictions. By using the Services, you
represent and warrant that you have the right, authority, and capacity to enter
into these Terms of Use. The Services are administered in the U.S. and intended
for U.S. users only; any use outside of the U.S. or use related to activities
outside of the U.S. is prohibited and at the user’s own risk. Users are
responsible for compliance with any local, state or federal laws applicable to
their use of the Services.


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The content provided here and elsewhere on the Zocdoc site or mobile app is
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