Last updated and effective as of June 21, 2022.
Please read these Provider Terms of Use ("Provider Terms") carefully.
Pocketero offers an online platform that allows healthcare providers (each a "Provider" or "you") to join the Pocketero network, manage their participation, etc (the "Website"). Pocketero offers the Website and other services (together, the "Service"). By registering a provider account ("Account") with Pocketero, you agree to these Provider Terms and create a legally binding agreement between you and Pocketero ("Agreement").
Please read the Provider Terms carefully before you start using the Service. By using the Service, you agree to be bound and abide by these Provider Terms and our Privacy Policy, incorporated herein by reference. If at any time you do not agree to these Provider Terms, you must immediately discontinue your use of Pocketero as a Provider.
If you have any questions about these Provider Terms, feel free to contact us at support@pocketero.com.
In order to use the Service, you must:
If you open an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Provider Terms and enter into a contract on its behalf.
By using the Service, you represent and warrant that you meet all the requirements listed above. Note that by representing and warranting, you are making a legally enforceable promise.
Pocketero may refuse service to anyone and close any Account.
Pocketero may change these eligibility requirements at any time.
When you open an Account and agree to these Provider Terms, the Agreement between you and Pocketero is formed, and the term of the Agreement (the "Term") will begin. The Term will continue for as long as you have an open Account or until you or we terminate the Agreement in accordance with these Provider Terms, whichever happens first.
You or Pocketero may terminate the Agreement at any time and for any reason. You may terminate the Agreement by closing your Account via the Website. Pocketero may terminate the Agreement with or without notice to you, and with or without cause. We may suspend the Service to you at any time, with or without cause. If your Account is inactive for 24 months or more, we may close your Account. Once your Account is closed, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
You're responsible for keeping your Account username and password confidential. You're also responsible for any Account that you have access to and any activity occurring in such Account, whether or not you authorized that activity, except for activity that Pocketero is directly responsible for that isn't performed in accordance with your instructions. You must immediately notify us of any unauthorized access or use of your Account(s). We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password.
You represent and warrant that all information you provide to us when you establish an Account, and when you access and use the Service, is and will remain complete and accurate. We may contact you, or any person added to your Account, based on the information provided in your Account.
We have the right to update any of your account information for contact or billing purposes.
We don't know the inner workings of your organization or the nature of your personal relationships. You represent that you will not request access to or information about an Account that's not yours, and you'll resolve any Account-related disputes directly with the other party. We decide who owns an Account based on a number of factors, including the content in that Account, and the contact and profile information listed for that Account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we'll require you to resolve the matter through proper channels outside of Pocketero.
When a dispute is identified, we may suspend any Account associated with the dispute, including disabling login and invite capabilities, to protect the security and privacy of the data held within the Account until the dispute is properly resolved.
We may require you to provide additional information and documents at the request of any competent authority or in order to help us comply with applicable law, regulation, or policy.
Pocketero does not charge Providers anything. Joining the Pocketero network and participating as a Network Provider is free.
We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service and Pocketero Site, and you may only use our brand assets according to our Brand Guidelines.
You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, "as-is" license to access and use the Service and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Member Terms and does not include any right to (i) sell, resell, or use commercially the Service, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Service, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Service, except as expressly permitted by us, and (vi) use the Service other than for their intended purposes.
The contents on the Service ("Content") are for general information purposes only. Any use of our Service by a person or organization is at the user's own risk. Further, we do not warrant or make any representations as to the expected results or outcomes of the Service generally.
We do not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency, and completeness.
You agree to be solely responsible for the interpretation and use of any Content that you receive, communicate or otherwise provide over, or while using, the Service.
You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to Pocketero in the course of using the Service or which Pocketero otherwise retrieves or accesses at your direction or with your permission (collectively, your "Provider Information"). Subject to these Provider Terms, you grant us permission to use or disclose your Provider Information (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Provider Terms. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Provider Information to the Service and to grant the rights granted to us in these Provider Terms and (ii) your Provider Information and its submission and use as you authorize in these Provider Terms will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Provider Information.
You may provide or we may ask you to provide suggestions, comments, input or other feedback ("Feedback") regarding the Service. Any Feedback you choose to provide is given entirely voluntarily. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.
By creating an Account, you consent to receive electronic communications from us (e.g., via email). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your existing relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Your privacy is important to us. Please read our Privacy Policy at https://www.pocketero.com/privacy-policy for information regarding how we collect, use, and disclose your personal information and the privacy rights available to you when you use and interact with the Service.
For the purposes of privacy and data protection laws, for much of the personal information we process when providing the Service, we act as your processor or service provider in accordance with our Data Processing Addendum. However, there are certain instances, as more fully described in our Global Privacy Statement, where we process personal information, including Content and other data from Accounts, as a controller to provide and develop the Service and for other important business purposes (e.g., for billing, administrative, security, and product improvement purposes).
By agreeing to these Provider Terms, you promise to follow these rules:
If you violate any of these rules, then we may, in our sole discretion, issue a warning to, suspend, or terminate your Account.
If you think anyone is violating any of these Provider Terms, or violating any protected marks or copyrights, please notify us immediately.
You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service, by hacking, password "cracking," or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Service or any other systems or networks connected to the Service, or otherwise attempt to interfere with the proper functioning of the Service. You will not falsify your identity or impersonate another person engage in conduct that limits the use and enjoyment of the Service, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
In addition, you agree not to and will not assist another to:
You represent and warrant that your use of the Service will comply with all applicable laws and regulations.
If you collect any personal information pertaining to a minor and store such information within your Account, you represent and warrant that you do so lawfully according to the applicable laws of the jurisdiction in which the minor lives.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE PROVIDER TERMS, THE SERVICE, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE PROVIDER TERMS, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING YOUR CONTENT) EXCEED THE GREATER OF (A) $100 OR (B) THE MOST RECENT AMOUNT PAID TO US BY YOU FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM.
THE COMPANY IS NOT LIABLE FOR ANY ACTIONS OR ACTIVITIES THE PROVIDER DOES OR UNDERTAKES IN RESPECT TO ITS OWN PRIVACY POLICY OR ANY RELEVANT LAW. THE COMPANY IS NOT LIABLE FOR ANY ACTIONS OR ACTIVITIES OF THE PROVIDER THAT CONTRAVENE THAT PROVIDER'S OWN PRIVACY POLICIES OR RELEVANT LAW.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Pocketero from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Provider Terms or your use of the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service; (b) any feedback you provide; (c) your violation of these Provider Terms; (d) your violation of the rights of any third party, including another Provider; (e) any breach or non-performance of any covenant or agreement made by you; (f) your Account; or (g) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify us of any third-party Claims and cooperate with us in defending such Claims. You further agree that Pocketero shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND POCKETERO.
Your violation of these Provider Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Provider Terms (meaning we may request a court order to stop you).
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your Account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
THE SERVICE AND CONTENT CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT INTENDED TO BE USED FOR THE CURE, MITIGATION, TREATMENT OR PREVENTION OF ILLNESS OR DISEASE. PROVIDERS SHOULD EXERCISE THEIR OWN INDEPENDENT CLINICAL JUDGMENT WHEN USING THE SERVICE IN CONJUNCTION WITH PATIENT CARE.
We may change any of the Provider Terms by posting revised Provider Terms on the Website. Unless you close your Account, the new Provider Terms will be effective immediately upon posting on the effective date indicated in the new Provider Terms, as applicable, and apply to any continued or new use of the Service.
We may change or discontinue certain features or behavior of the Service at any time.
You may not assign any of your rights under the Agreement to anyone else. We may assign the Agreement and any of our rights and obligations hereunder to any other individual or entity at our discretion.
The State of Delaware laws and the Federal Arbitration Act will govern all disputes arising out of or relating to the Service and the Agreement, regardless of conflict of laws rules.
You and Pocketero agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Service or these Provider Terms (a "Dispute") will be determined by binding arbitration instead of in small claims courts or courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Pocketero are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Agreement and/or the termination of your Service.
If you elect to seek arbitration, you must first send to Pocketero a written Notice of your Dispute ("Notice of Dispute"). The Notice of Dispute to Pocketero should be sent in care of our registered agent Corporation Service Company, 8 The Green STE B, Dover, DE 19901. The Notice of Dispute should include both the mailing address and email address you would like Pocketero to use to contact you. If Pocketero elects to seek arbitration, it will send, by certified mail, a written Notice of Dispute to your address on file. A Notice of Dispute, whether sent by you or by Pocketero, must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific amount of damages or other relief sought.
You and Pocketero agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Pocketero therefore agree that, after a Notice of Dispute is sent but before either you or Pocketero commence arbitration, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Dispute covered by the Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if Pocketero is represented by counsel, its counsel may participate in the conference as well, but Pocketero agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If we do not reach an agreement to resolve the Dispute within sixty (60) days after the Notice of Dispute is received, you or Pocketero may commence an arbitration proceeding by filing a Demand for Arbitration with the American Arbitration Association ("AAA"). You agree that you may not commence any arbitration unless you and Pocketero are unable to resolve the Dispute within 60 days after we receive your completed Notice of Dispute and you have made a good faith effort to resolve your Dispute directly with Pocketero during that time. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by these Provider Terms. Unless Pocketero and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Dispute.
The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the State of Delaware or the state of your residence and will be selected by the parties from the AAA's National Roster of arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by these Provider Terms. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
You and Pocketero agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and a Pocketero company representative shall appear at the administrative conference via telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. Pocketero will not seek to recover its attorneys' fees and costs in arbitration from you unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This agreement to arbitrate shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a Demand for Arbitration is filed in violation of these Provider Terms.
The arbitrator shall determine all issues of liability on the merits of any Dispute asserted by you or Pocketero and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Dispute. To the extent that you or Pocketero prevail on a Dispute and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA's initial filing fee, but Pocketero will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in Delaware. If the arbitrator finds that either the substance of your Dispute or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and Pocketero will not reimburse your initial filing fee. You and Pocketero agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Pocketero, and you and Pocketero waive any objection to such fee modification.
You and Pocketero agree that each may bring Disputes 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. Further, if you have elected arbitration, unless both you and Pocketero agree otherwise, the arbitrator may not consolidate any other person's Disputes with your Disputes and may not otherwise preside over any form of a representative or class proceeding. If Pocketero believes that any Dispute you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Pocketero may seek an order from a court determining whether your Dispute is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Dispute Resolution Section shall be null and void. In that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Provider Terms or your use of the Service. If any term, clause, or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable.
Subject to the Section on "No assignments", any legal action or proceeding arising under these Provider Terms shall be brought exclusively in the State of Delaware, New Castle County, and we and you irrevocably consent to the personal jurisdiction and venue there.
Pocketero won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if the Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Dispute Resolution, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Provider Terms isn't enforceable, then that section will be removed or edited as little as required, and the rest of the Provider Terms will still be valid.
The headers in these Provider Terms are provided only to make them easier to read and understand.
The fact that we wrote these Provider Terms won't affect the way the Agreement is interpreted.
If we don't immediately take action on a violation of these Provider Terms, we're not giving up any rights under the Provider Terms, and we may still take action at some point.
Because we have so many Providers, we will not change these Provider Terms for any one Provider or group.
You'll provide all documents and take any actions necessary to meet your obligations under these Provider Terms.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on the Website. Please note that, for purposes of providing notice, we may use any email or physical address within your Account, including contact information associated with an Account's primary contact, billing contact, owner profile, or any other profile or seat associated with the Account. Any notice to us will be effective when delivered to us.
These Provider Terms, the Provider Commitments, and the Privacy Policy make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.