Terms of Service
Effective Date: 12/21/2023
This page sets forth the Terms of Service (the “Terms”) pursuant to which users (each “you” or “User”) of the MoveDocs.com website (this “Site”) hosted by MoveDocs.com, LLC, a Nevada limited-liability company (“MoveDocs”, “We”, or “Us”) are permitted to use this Site, including the features and functionality available on or through this Site (collectively, the “Services”) and information or other content available on or through this Site (collectively, the “Content”). Certain of the Services may be subject to supplemental terms and conditions (the “Supplemental Terms’’), which, together with these Terms constitute the entire agreement between you and MoveDocs with respect to the Site (the “Agreement”).
YOUR USE OF THIS SITE CONSTITUTES YOUR ACKNOWLEDGEMENT OF, CONSENT TO, AND ACCEPTANCE OF THE AGREEMENT.
To the extent that you are a partner, employee or other personnel of a Law Firm (defined below) or Provider (defined below), you represent and warrant that you have authority to accept this Agreement on behalf of the applicable entity, and your acceptance thereof will be binding on yourself and the entity.
IF YOU DO NOT ACCEPT THE AGREEMENT, OR YOU ARE NOT AUTHORIZED TO ACCEPT THE AGREEMENT ON BEHALF OF YOUR LAW FIRM OR PROVIDER (GENERALLY, A “PRACTICE”), YOU MAY NOT AND MUST NOT USE THE SITE, INCLUDING ANY OF ITS SERVICES OR CONTENT.
MoveDocs reserves the right, in its sole discretion, to modify, amend, revise or otherwise alter these Terms, from time to time, by updating this Terms of Service page, which we will indicate by updating the “Effective Date” above. The updated Terms will be effective as of the new effective date. If you continue using the Site after the Terms have been updated, you will be bound to the updated Terms. Therefore, we encourage you to visit this page (https://nb.movedocs.com/MoveDocsTerms) each time you visit this Site to review the Terms, prior to continuing to engage with this Site. No other modification, limitation, qualification, or other alteration of the Agreement will be binding on either party, except in a writing signed by an authorized representative of each party.
1. User Accounts.
1.1 Validation. This Site is intended for use by Law Firms and Providers only. No Practice will be provided more than one account, but an account may have multiple users. When you contact MoveDocs to request the set-up of a Practice account or user access to the Site, you will be required to submit certain information about yourself and your Practice to validate that both meet the criteria for access. Such access may be granted or revoked at any time in MoveDocs’s discretion. You represent and warrant that (i) all information provided is accurate, complete and up-to-date, (ii) you will promptly notify MoveDocs of any changes to the information provided, and (iii) you have all required authorizations and consent to share any and all Content, information, or data shared with Movedocs. For purposes of this Agreement, the term “Provider” refers to individual healthcare providers, and any partner, employee or other personnel of a hospital, medical group or other healthcare provider, and any vendor, service provider or other representative (e.g., a business associate) granted access to the Site at the request of, or otherwise acting at the direction or for the benefit of, any such hospital, medical group or provider; and “Law Firm” refers to solo practitioners, and any partner, employee or other personnel of a solo practitioner or law firm, and any vendor, service provider or other representative (e.g., a business associate) granted access to the Site at the request of, or otherwise acting at the direction or for the benefit of, any such solo practitioner or law firm.
1.2 Login Credentials. Once you have been approved, you will be provided a user ID and prompted to select a password (collectively, your “Login Credentials”) to access your Practice’s account. You will be solely responsible (i) for maintaining the confidentiality of your Login Credentials, (ii) for any activity conducted using your Login Credentials or account, and (iii) to notify MoveDocs of any known or suspected unauthorized disclosure or use of their Login Credentials, unauthorized access to their account, or any other known or suspected breach of security.
Each User obtains their own Login Credentials in order to access the Site. You may not share your Login Credentials or allow anyone to access the Site using your credentials. A User’s right to access and use this Site is not transferable to any other person or entity. Using another person’s Login Credentials or permitting another person to use your Login Credentials constitutes a breach of this Agreement and may result in immediate termination of your authorization to use this Site.
Additional Users. If your Practice requires Login Credentials for more than one User, you may request additional access by providing the requisite information for the additional User. MoveDocs may grant or withhold approval for all access requests in its discretion.
2.1 Scheduling & Reminder Services. MoveDocs maintains a searchable database of healthcare providers (the “Provider Database”). If you are a Provider, you agree to allow MoveDocs to include and display your office location(s), services provided and certain other information about your Practice in the Provider Database, and, when applicable, to accept appointments booked through MoveDocs in accordance with the appointment terms agreed-upon. The Provider Database may be used by Law Firms and Providers to search for Providers and schedule appointments for their respective clients and patients. MoveDocs also offers Providers the ability to text your patients with appointment reminders (the “Appointment Reminder Service”), which Providers may opt into, subject to the terms of Section 7.2.
2.2 Document Sharing.
- For Practices that have registered for our Document Services, MoveDocs provides its Users the ability to upload, download and view records and data relating to their respective clients and patients, and to help facilitate communication between attorneys and healthcare providers and facilities with respect to their mutual clients / patients, as well as between attorneys and any Third-Party Resources (defined below) (“Document Services”). The use of this Site is not a substitute for direct confirmation of, or requests for, information by any User directly from the third party (or, parties) that authorized, compiled, or produced the same. You acknowledge that the information relating to any given client or patient may not be complete or accurate, and that MoveDocs does not make any representations or warranties whatsoever with regard to any such records or data, including as to its completeness or accuracy.
- If a Law Firm User elects to use a Third-Party Resource, you represent and confirm that you, as the legal representative for your client, are authorized to transmit User Content, you have obtained the appropriate authorizations and consents from your client to share User Content with third parties, and that MoveDocs and the selected Third-Party Resource are authorized to receive, use, and disclose User Content for purposes of providing the selected Third-Party Resource’s financial products and services.
Certain Services and Content of the Site may be available only to paid subscribers. Obtaining a subscription may be done through a digital or analog registration form (e.g., via the Site or on paper), which will set forth terms such as the subscription fees and term of the subscription. Once you have subscribed, you will be invoiced on a monthly basis in the agreed amount until the subscription expires or is terminated in accordance with its terms, except that MoveDocs reserves the right to increase fees on an annual bases by up to five percent (5%). All fees are due within thirty (30) days of the invoice date.
4. Website Changes.
MoveDocs reserves the right, from time to time, to modify, suspend, or discontinue the Site or any Services or Content available on or through the Site, whether temporarily or permanently, without notice. However, MoveDocs will use commercially reasonable efforts to provide notice of such modifications, suspensions, and/or discontinuances to registered Users by either: (a) posting it within the Site; or (b) sending it to the e-mail address of record for registered Users who are affected. MoveDocs will not be liable to any User (or to any third party) for any such modification, suspension, or discontinuance, whether temporary or permanent.
5. IP Rights and Ownership.
The Site, including all of its Services and Content (other than records, data or other content contributed by third parties), all of MoveDocs’ trademarks and service marks (collectively, the “MoveDocs IP”) are the intellectual property of MoveDocs and its licensors. You may not sell, lease, share, copy, reproduce, display, publish publicly perform, distribute, create derivative works from, or otherwise use or exploit any MoveDocs IP to compete with MoveDocs, or otherwise for any purpose or in any manner not expressly authorized in this Agreement. Such authorization may be granted, withheld or revoked in the sole and absolute discretion of MoveDocs and/or the applicable licensor(s), as the case may be.
6. Third-Party Resources.
This Site may contain one or more links to or integrations with external websites or resources that are hosted, owned and/or maintained by one or more third parties (each a “Third-Party Resource”). Any and all such Third- Party Resources are provided solely as a convenience. The inclusion or integration of any such Third-Party Resource on this Site is not, and shall not be interpreted as, an endorsement by MoveDocs. Further, MoveDocs
(i) is not responsible for, nor does it make any representations or warranties regarding, any features or functionality, products or services, data or other content associated with any such Third-Party Resource. Neither MoveDocs nor any affiliate of MoveDocs is responsible or liable, whether directly or indirectly, for any damage or loss incurred or suffered by any User in connection with any such Third-Party Resource or any website or web- based resource associated with any such Third-Party Resource. User hereby acknowledges and agrees that any and all use of a Third-Party Resource and/or a website and/or web-based resource associated with any such Third-Party Resource at the User’s sole risk.
7. User Content.
All information, data, reports, images and any and all other materials whatsoever, whether publicly posted, privately transmitted or otherwise made available on or through the Site (collectively, “User Content”), is the sole and absolute responsibility of the User who posts, transmits, or otherwise directly or indirectly makes the same available. User hereby agrees that they will not transmit User Content or otherwise conduct or participate in any activity on this Site that violates, misappropriates or infringes the rights of any person, organization or entity, including, without limitation, material or activity that: (i) infringes any patent, trademark, copyright, trade secret, or other proprietary right ; (ii) violates any privacy or publicity rights; (iii) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing, or otherwise objectionable; (iv) is sexually-explicit; (v) is an advertisement or solicitation for business or that advocates an unsolicited or unrelated position or opinion; (vi) represents any form of “chain letters” or pyramid scheme; (vii) impersonates any person or entity; (viii) violates any applicable local, state or federal ; or (ix) contains a virus, trojan, back door, logic bomb or any other form of malicious code. MoveDocs has the right, but not the obligation, to monitor User Content, and MoveDocs hereby reserves the right to remove any of the User Content at any time and for any reason in MoveDocs’s sole discretion, as well as the right to terminate a User’s access to the Site for any reason in MoveDocs’s sole discretion if MoveDocs deems it to be in violation of this Agreement. User is responsible for the security of its own communications and is solely responsible for any liability arising from or relating to User Content.
If notified about User Content that allegedly violates this Agreement, MoveDocs may investigate the allegation and determine, in its sole discretion, whether or not to remove the same or to request the removal of the same by the User who posted the same. MoveDocs shall not have any liability or responsibility to any User or other person relating to MoveDocs’s performance or non-performance of any such investigation, removal or any User Content, or compelling compliance with any such request for the removal of any User Content. MoveDocs reserves the right, in MoveDocs’s sole and absolute discretion, to restrict or terminate any User’s access to this Site for violating this Agreement or any applicable law. MoveDocs also reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process, order, or other governmental request, and/or to edit, refuse to post, or to remove any information or material, whether in whole or in part, in MoveDocs’s sole discretion.
MOVEDOCS DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTY THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT WHATSOEVER OR ENDORSE ANY OPINIONS EXPRESSED BY ANY USER OR ANY AUTHOR OF ANY USER CONTENT. USER ACKNOWLEDGES THAT ANY RELIANCE ON ANY USER CONTENT
DIRECTLY OR INDIRECTLY POSTED OR TRANSMITTED BY ANY OTHER USER OR PERSON WILL BE AT HIS, HER, OR ITS SOLE AND ABSOLUTE RISK.
8. User Representations, Warranties & Covenants.
You hereby represent, warrant, and covenant that:
- you will use this Site, including all Services and Content, for lawful purposes only; and
- User’s User Content and activities conducted on and through the Site will not violate, misappropriate or infringe the rights of any person, organization or entity, including, as further described in Section 7.
- without limiting the generality of the foregoing, if you use the Appointment Reminder Service, you will (i) strictly comply with the Telephone Consumer Protection Act (or, TCPA), 47 U.S.C. § 227 et seq., and all implementing rules, orders, and regulations, 47 C.F.R. § 64.1200 et seq. and 16 C.F.R. § 310, including all applicable requirements regarding obtaining prior and appropriate express consent before sending mobile messages using the texting Service as required therein; (ii) provide appropriate privacy notices and disclosures for your clients or patients disclosing the use of their mobile number; and (iii) provide your clients or patients information on how to opt-out of receiving any further mobile messages via one or more explicitly designated methods, which, at a minimum, shall include the following:
- any opt-out keywords that are universally recognized, including, but not limited to, STOP, UNSUBSCRIBE, CANCEL, END, or QUIT; and
- one or more alternative opt-out methods for clients or patients, including, but not limited to, via a web-based portal, telephone number, and/or email address; and
- timely share information as needed to comply with your clients’ or patients’ opt-outs.
9.1 MoveDocs Makes No Representations, Warranties, or Covenants. User hereby acknowledges and agrees that
the Site, Services, Content and MoveDocs IP are provided “as is” and “as available”.
9.2 User hereby further acknowledges and agrees that MoveDocs makes no representations, warranties, covenants, or other endorsements whatsoever with regard to the accuracy, reliability, completeness, or timeliness of any portion of the Content, should not be relied upon for personal, legal, and/or financial decisions. To that end, User is responsible to confirm the correctness and/or completeness of all portions of the MoveDocs IP and any and all information, reports, data, and/or other compilations obtained by you and/or created by you from information, reports, data, and/or other compilations obtained by and/or through this Site. User acknowledges and understands that certain of the MoveDocs IP and certain of the other information, reports, data, and/or other compilations that are included in, posted to, or otherwise accessible on, by, and/or through this Site have been or may be created, produced, authorized, and/or otherwise created by one or more third parties and that MoveDocs is not responsible for, and makes no representations, warranties, or covenants whatsoever with respect to the same. “MOVEDOCS PARTY” REFERS TO MOVEDOCS, EACH OF ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR OTHER REPRESENTATIVES.
9.3 MoveDocs Not a Medical Provider Nor Provider of Medical Information. Without limiting the generality of Section 8.1, User hereby acknowledges and agrees that the ability to access and submit User Content and other information and content provided on or through this Site provided as a service for the User and does not constitute medical advice or health information originating with MoveDocs or any other MoveDocs Party. User hereby acknowledges and agrees that MoveDocs is not a medical or other healthcare provider and that by directly or indirectly maintaining this Site and/or by permitting MoveDocs IP and User Content to be directly or indirectly accessed on, by, and/or through this Site, MoveDocs is not providing medical advice or other information relating to the health of any person whatsoever, nor is it responsible for directing or approving a patient’s healthcare or treatment. All medical information, healthcare information, and healthcare should be obtained directly from medical professionals, Providers, and/or healthcare facilities. The records that are available on, by, and/or through this Site (whether MoveDocs IP or User Content) have all been produced and/or authored by third party providers, and/or healthcare facilities. As such, no MoveDocs Party makes any representation, warranty, or covenant whatsoever regarding any of the information contained therein. All information, opinions, representations, warranties, and covenants contained in any and all such records are the opinions, representations, warranties, and covenants of one or more third parties and no MoveDocs Party is or will be liable or otherwise responsible for any of the foregoing.
9.4 DISCLAIMER OF WARRANTIES. NO MOVEDOCS PARTY REPRESENT, WARRANT, OR COVENANTS THAT THIS SITE WILL OPERATE UNINTERRUPTED OR WITHOUT ERROR, FAILURE OF PERFORMANCE, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY in OPERATION, DELAY IN TRANSMISSION, COMPUTER VIRUS, MALICIOUS CODE, COMMUNICATION LIVE FAILURE, INFORMATION THEFT, DESTRUCTION TO CONTENT (INCLUDING THIRD-PARTY CONTENT), AND/OR UNAUTHORIZED ACCESS. USER SPECIFICALLY ACKNOWLEDGES THAT NO MOVEDOCS PARTY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER USER OR ANY THIRD-PARTY CONTENT. USER HEREBY ACKNOWLEDGES AND AGREES THAT ALL RISKS OF INJURY FROM THE ABOVE DESCRIBED MATTERS RESTS ENTIRELY AND SOLELY WITH USER. USE OF THIS SITE IN ALL RESPECTS AT THE USER’S OWN RISK.
9.5 ADDITIONALLY NO MOVEDOCS PARTY MAKES ANY REPRESENTATION, WARRANTY, OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE. THIS SITE, AND ALL THE INFORMATION, CONTENT, DATA, REPORTS, MOVEDOCS IP, AND OTHER COMPILATIONS CONTAINED ON OR OBTAINED BY AND/OR FROM THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTY, or COVENANT OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY, AND/OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
10. Limitations of Liability.
IN NO EVENT WILL ANY MOVEDOCS PARTY BE LIABLE TO YOU, YOUR PRACTICE, YOUR PATIENTS OR CLIENTS, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THIS SITE, INCLUDING ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY MOVEDOCS PARTY OR ANY SUPPLIER THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN THE EVENT A MOVEDOCS PARTY IS FOUND LIABLE TO YOUR FOR ANY DIRECT DAMAGES, THE MAXIMUM LIABILITY IS CAPPED AT A MAXIMUM OF (A) THREE TIMES (3X) THE FEES PAID BY TO A MOVEDOCS PARTY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO A CLAIM OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER
11.1 User agrees to defend, indemnify, and hold harmless each MoveDocs Party from and against any losses liability and damages, arising from any claims, actions, demands, suits, or other proceedings (including without limitation, reasonable costs of investigation, legal and accounting fees, expert witness fees and court costs) directly or indirectly relating to and/or resulting from: (a) use of this Site, including any Services and Content made available on or through this Site; or (b) User’s breach of this Agreement. MoveDocs will provide notice (either within your account dashboard on the Site, by e-mail, personal delivery, first-class mail, or by other commercially reasonable means) to the affected User of any such claim, suit, action, demand, suit, or proceeding and will use reasonable efforts to assist the affected User, at User’s sole cost and expense, in defending any such claim, action, demand, suit, or other proceeding. MoveDocs hereby reserves the right, at MoveDocs’s own cost and expense, to assume the exclusive defense and control of any matter that is subject to the User’s indemnification obligations under this section.
11.2 You further agree that you will defend, indemnify, and hold MoveDocs harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation, or enforcement action arising out of or relating to this Appointment Reminder Service or any acts or omissions in connection with your or your patient’s or client’s use of this Service.
13. HIPAA Compliance.
It is User’s sole responsibility to ensure that its use of the Site complies with all applicable federal, state and local laws, regulations, guidance and procedures relating to healthcare, including but not limited to the applicable provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320 through d-8 including as amended by the HITECH ACT (“HIPAA”), and the requirements of any regulations promulgated thereunder, including, without limitation, the federal privacy regulations as contained in 45 C.F.R. Parts 160 and 164, and the federal security standards as contained in 45
C.F.R. Part 142 (collectively, “HIPAA Regulations”). Without limiting the foregoing, both parties will comply with
the terms of any Business Associate Agreement executed by the parties.
All legal issues arising from or related to this Site will be construed in accordance with and determined by the laws of the State of Nevada applicable to contracts entered into and performed entirely within the State of Nevada, without respect to its conflict of laws principles. You further agree that the exclusive forum for any claim or cause of action arising out of or relating to this Site will be a state or federal court located in Clark County, Nevada. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any and all objections to venue in Clark County, Nevada, including, without limitation, all objection relating to and/or based on inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, then such invalidity of such provision will not affect the validity of any of remaining provisions of this Agreement, all of which will remain in full force and effect. No waiver of any term or breach of this Agreement will be deemed a further or continuing waiver of such term or breach or any other term or breach. This Agreement constitutes the entire agreement between User and MoveDocs, and no prior or contemporaneous discussions, representations or agreements shall be of any force or effect, with respect to the subject matter of this Agreement, including your use of this Site. The section headings used in the Agreement are solely for convenience and will not be given any legal import in making interpretations of this Agreement.
15.Waiver of Jury Trial.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND EXPRESSLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING, WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE, INCLUDING ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE SITE.