1.1 Joel Mascaro DO. PC dba, DrNewMed (referred to here as “DrNewMed”) provides its Service (as defined below) to you (“You”) through its web site located at www.DrNewMed.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that You have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority or if You do not agree with this TOS, You may not use the Service.
1.2 DrNewMed may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at https://www.DrNewMed.com/terms-of-service/. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat Your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, Your only remedy is to stop accessing and using the Service.
The “Service” includes access to (a) the Site, (b) the ION Platform (DrNewMed Open Network), (c) configuration, setup and training services, if You purchase such services; (d) all software, data, text, images, sounds, video, and content made available through the Site (collectively referred to as the “Content”); and (e) any other service which You may use. Any new features added to or augmenting the Service are also subject to this TOS.
3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal business purposes as contemplated by the agreement (“Agreement”).You shall not allow any unauthorized user to access or use the Service. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) copy, modify or distribute any portion of the Service; (c) use the Service to process data on behalf of any third party; or (d) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject to Your compliance with this TOS, DrNewMed grants You a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with Your permitted use of the Service and solely for Your internal business purposes.
3.3 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to DrNewMed. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with DrNewMed, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.4 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service (“Your Content”). You will not send bulk unsolicited email through the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your plan allows. DrNewMed reserves the right to access any or all your accounts in order to respond to your requests for technical support.
3.5 You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to DrNewMed’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
3.6 The failure of DrNewMed to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and DrNewMed, even though it is electronic and is not physically signed by You and DrNewMed, and it governs Your use of the Service and takes the place of any prior agreements between You and DrNewMed.
3.7 As between DrNewMed and You, the Service and Content (except Your Content) and all intellectual property rights therein are the exclusive property of DrNewMed or its licensors. You or Your licensors own all intellectual property rights in Your Content. Each party reserves all rights not expressly granted to the other party under this TOS or the Agreement.
“DrNewMed” and DrNewMed’s various logos used or displayed on the Service are trademarks of DrNewMed and You may only use these trademarks or logos for promotional purposes to identify Yourself as a customer or user of the DrNewMed products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings. Likewise You authorize DrNewMed to use Your logos and trademarks for its own promotional purposes only.
5.1 The use of Account is subject to a Fee . Upon sign-up for the Account, a suitable Plan must be selected in order to set the rate of the Fee. The rate of the Fee is different for each Plan.
5.2 The Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties.
5.3 All Fees are non-refundable, i.e. there are no refunds or credits available for periods where the Client did not use an activated Account, used it only partially, replaced the current Plan with a new Plan or deactivated the Account or terminated the Agreement during an ongoing payment interval.
5.4 All Fees are exclusive of all taxes, levies or duties applicable under any legal acts or imposed by tax authorities, unless stated otherwise in the Agreement. Payment of such taxes, levies or duties is the responsibility of the Client.
5.5 You have the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by DrNewMed. In such an event, the Your credit card on file with will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
5.6 Downgrading of the current Plan may cause the loss of features or capacity of the Account. Downgrading of plans can be done by writing to us at info@DrNewMed.com
5.7 Each new Client is entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by the Applicable Supplier in co-operation with its partners. If the Parties have not agreed otherwise, the default Plan for the Free Trial shall be the Plan with the lowest rate of Fee. During the initial signup, you will be, by default, assigned to the Enterprise plan During the period of Free Trial You are not required to provide any credit card information. If the period of Free Trial has expired, you would be asked to choose the plan that you would like to continue your account with. On selection of the paid plans, you would pay the fees first and continue to access your account
5.8 During our Beta Release, you are assigned to our standard plan at no cost, except for Calling which will require purchase of minutes on a prepaid basis. The cost is no cost service is available until DrNewMed offers the service. DrNewMed reserves the right to cancel the service and/or plan at any time.
5.9 Calling Minutes: DrNewMed charges calls based on minutes. Each call consists of two legs: A – call between the caller and ION and B – call between ION and the recipient. The client will have to pay for both legs which is collectively charged per minute. During the trial the account would be credited with 30 Minutes of free calling. Minutes can be purchased by the admin of the account from the Billing section found under Settings options. Call minutes that are purchased for the account do not expire as long as the account is active. Once the account is terminated or cancelled, by You or DrNewMed, any unused minutes will expire and no credit or refund will be given.
5.10 In addition to the current collection of Plans, DrNewMed may offer special discounts and motivation schemes.
6.1 You are responsible for properly cancelling Your account. The account owner can cancel the account at any time. Accounts can be cancelled by providing notice to us at care@DrNewMed.com. Once we have a formal request in place, the account would be cancelled 30 days from date of notice
6.2 Free Plan Accounts which have not been accessed for 30 days would be deleted from the system. Paid (Monthly/Annual) Plans Accounts for which payments have not been received by DrNewMed in the last 60 days will also be deleted. Once account is deleted, the data within them cannot be recovered.
6.3 DrNewMed reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate Your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if DrNewMed believes that You have violated this TOS. DrNewMed will use diligent efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. DrNewMed shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND DrNewMed EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT DrNewMed DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM DrNewMed OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
You will indemnify and hold harmless DrNewMed and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) Your access to or use of the Service or Content and (ii) Your violation of this TOS.
9.1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL DrNewMed BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, DrNewMed SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
9.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, DrNewMed’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW .
DrNewMed may assign or transfer this TOS, in whole or in part, without restriction.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
This TOS shall be governed by the laws of the State of Texas without regard to the principles of conflict of laws. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Texas for the purpose of resolving any dispute.
If you have any questions about this or the Service, please contact DrNewMed at firstname.lastname@example.org
9220 E Mountain View Rd, Suite 215,
Scottsdale, AZ 85258