WishMD hopes that the users are satisfied and love using WishMD. We truly do. This document has all the necessary information that a user might require before using WishMD.
If a user's services provided from WishMD are ended for any reason, then:
a) The contract will be carried forward and binding upon the user about prior use of the services (this would also include any unauthorized or subsequent utilization of the Services), counting the user's indemnification obligations described in this document.
1. ABOUT THE SERVICES.
2. We do not offer medical advice.
Fivedocs is not a health care provider. The material and the Services that the users receive or obtain from Fivedocs, its contractors, employees, partners, advertisers, sponsors, licensors, or else through the services are for educational, payment, and scheduling purposes only. All the information related to medical, including the nonlimitation information shared through Fivedocs Answers, Fivedocs knowledge Base, Fivedocs blog, Fivedocs social networks, Fivedocs text messages, and emails, and Fivedocs promotion, is for communication and educational purpose only. FIVEDOCS HOPES THE SERVICES AND THE INFORMATION IS USEFUL IN THE USER’S HEALTH CARE CYCLE. THE INFORMATION FROM FIVEDOCS IS NOT INTENDED TO REPLACE OR WORK AS A SUBSTITUTE TREATMENT, DIAGNOSIS, OR PROFESSIONAL MEDICAL ADVICE. IT IS ADVISED NOT TO UTILIZE THE CONTENT FOR EMERGENCY MEDICAL REQUIREMENTS. SUPPOSE THE USER ENCOUNTERS A MENTAL OR MEDICAL HEALTH EMERGENCY AND IS DESIRING TO TAKE ACTIONS TO CAUSE HARM AND NEGATIVE IMPACT ON THEMSELVES AND OTHERS IN SUCH CASES. IN THAT CASE, IT IS ADVISED TO CONTACT EMERGENCY OR/AND 911 IMMEDIATELY. THE UTILIZATION OF THE SERVICES BY THE USERS IS ONLY AT THE USERS OWN RISK. NOTHING POSTED, STATED. OR AVAILABLE THROUGH ANY CONTENT IS PLANNED TO BE, AND MUST NOT BE TAKEN TO BE, THE TRAINING OF PHARMACY, DENTISTRY, MEDICINE, NURSING, OR ADDITIONAL HEALTH CARE ADVICE, OR THE FACILITY OF MEDICAL CARE. Fivedocs is not a referral facility and does not recommend, refer, or endorse any specific consultant, examination, opinion, procedure, or additional statistics that might look over the content. If the user relay on any services from Fivedocs, they do this entirely at their own risk. Fivedocs motivate their users to approve solely material that is appropriate to the users with different sources, adding the medical associations relevant to the applicable specialty, health care provider's office, the user's state medical boards, and the suitable certification or licensing of the system to authenticate registered education and credentials.
3. No doctor-patient relationship.
DENTISTS, DOCTORS, NURSES, AND DIFFERENT MEDICAL PROFESSIONALS UTILIZE E THE SERVICE TO SHARE MATERIAL WITH FIVSDOCS USERS. THE USERS ARE ADVISED NOT TO USE THE INFORMATION PROVIDED FROM FIVEDOCS AS A SUBSTITUTE FOR HEALTH CARE. NO PATIENT RELATIONSHIP OR MEDICAL PROFESSIONAL IS MADE WHEN THE USER UTILIZES THE CONTENT OR SERVICES. THIS IS ACCURATE WHETHER SUCH MATERIAL IS GIVEN THROUGH/ BY THE UTILIZATION OF THE MATERIAL OR BY MANY DIFFERENT MEANS OF COMMUNICATION BY FIVEDOCS ADDING NONLIMITATION, THE FEATURE "FIND A DOCTOR, " FIVEDOCS KNOWLEDGE BASE, FIVEDOCS ANSWERS, FIVEDOCS BLOGS, FIVEDOCS TEXT MESSAGE LINKS TO OTHER WEBSITES OR EMAILS, FIVEDOCS SOCIAL MEDIA NETWORKS, OR ANY GUIDANCE THAT FIVEDOCS MIGHT PROVIDE THEIR USERS TO AID THEM LOOKING FOR ACCURATE CONSULTANT IN ANY HEALTH CARE GROUP. Fivedocs motivates healthcare providers to utilize the content/material correctly. Still, Fivedocs does not have any guarantee or control over the availability of any health care provider at any specific period. Fivedocs will not be answerable for any unfulfilled appointments or canceled, or any loss or injury resulting or related or arising from the utilization of the Services.
4. Authorization and acknowledgment; important information about health care provider relationships and their lists.
In connection with utilizing the Services to plan appointments with the specialists, the user understands that: THE USERS ARE IN CHARGE OF SELECTING THEIR SPECIALIST, ADDING WITHOUT LIMITATION, DETERMINING WHETHER THE VALID HEALTH CARE PROVIDER IS APPROPRIATE FOR THE USER'S HEALTH CARE REQUIREMENTS BASED ON EXPERIENCE, SPECIALITY, LICENSES, QUALIFICATIONS, AND OTHER NECESSARY CIRCUMSTANCES AND FACTS THAT COULD HAVE AN IMPACT ON THE USER'S CARE. Fivedocs or the designee takes some limited steps to: a. Authenticate that the specialists providing their health care services with Fivedocs do have some certifications, activity licenses, or registration that might be required by the law to practice the healthcare services they provide. b. Authenticate that the health care specialists are not registered in the U.S. Department of Health and Human Services Office of the Inspector General Exclusion database. Fivedocs might also eliminate health care providers from Fivedocs Services who, at Fivedoc's discretion, have been involved in unprofessional, inappropriate behavior (including, but not restricted to, the act of abuse of our Community Standards). All the skilled providers are suitable to utilize Fivedocs Services, Fivedocs lists of health care providers are not exhaustive. The health care providers select either to take part in providing the services, the availability of appointment if there are any to be advertised on the health care providers profile created on Fivedocs, moreover, they might also select the extreme amount that they might want to spend on potential patients’ registration received by Fivedocs. This means that even if they participate in the Services, the consultants might have extra availability beyond what is listed through the Services if the user directly contacts them. Some doctors listed through the services enter into contracts with Fivedocs and might also pay Fivedocs an amount to be able to use or market through the services. If a user of Fivedocs registers an appointment with the consultants through the Services, Fivedocs might gain a commission. To assist the users in looking for a suitable consultant according to the patient's need and allow a wide range of diversity and choice of the health care advisors taking part in the services, Fivedocs provides its users with the profile and list of consultants. According to the information provided by the users, such as, • Geographical location • Insurance information • Consultant specialty or the Services provided by them • The consultant's experience or rating by other Fivedocs users • The availability of the health care advisor Fivedocs will provide the results according to the needs of their users and utilize the information provided by them to help find a suitable health care provider for them. Please note that more health care providers might meet the users' requirements but might not be available through Fivedocs. Fivedocs • Fivedocs does not refer, employ, endorse or recommend any health care advisor. • Fivedocs does not warranty the Services or make any representations for these consultants or the value of their Services. • Fivedocs is not responsible for confirming that the information given by the health care providers about themselves is updated or accurate. • Fivedocs does not take responsibility for ensuring that the health care advisor's Services are up to some quality standard. • Fivedocs does not take any extra charges from the health care advisors for including them in a better position in the list through the Services. Fivedocs does not control the activities of any consultant, and they are not employees. It is to be noted: • To the extent that the user utilizes the services provided by the user’s employer, Fivedocs might give a list or the previews of the profiles based on the criteria according to the employer agents, employer, or advisors. • Fivedocs provides a platform for or serves technical support to the provider directly linked with the user’s health. The healthcare advisor will be seen in the directory according to the measures determined by the user’s health plan as applicable. • Fivedocs might show the user’s sponsored results and advertisements through the Services, including interspersed or above within the search results. • Fivedocs will charge additional charges from the health care advisors for Sponsored Results. Such sponsored results should and are not considered a referral, endorsement, or recommendation by Fivedocs of the health care advisors. • All the sponsored results are labeled "Paid Ad" or "Sponsored" in the services.
5. The Services and content are informational and educational resources.
The Services are educational and informational resources for the health care advisors and the consumers. Fivedocs may, but have no obligation, put out content through the Services revised by Fivedocs editorial personnel. No one adding Fivedocs has been involved in the publication or preparation of educational and informational work assurances that the content is accurate, timely, or complete, and will not be in charge or accountable for any omission or errors for or in the results attained from the utilization of such content. Health care provider content: The content related to the healthcare advisors and their healthcare advisors is planned for the general reference purpose only. The content of the health care provider might be given by the health care provider or/and staff of the office and can be collected from other various sources of data that the health care provider might assure. Fivedocs will make an effort to ensure the information and knowledge provided by the health care provider and keep it updated. The content provided by the health care providers can often change and become outdated, inaccurate, or incomplete sometimes. Fivedocs does not give any piece of certification or advice about the qualification of any particular consultant. Products/Services/Procedures: The products, procedure services, and devices discussed or/and promoted by the Services are not valid to all patients, users, and clinical circumstances. Any product, procedures, devices, and services that are represented through the Services by sponsors, participants, and advisors of the Services, whether they are paid or unpaid, are shown for the user's knowledge and awareness and do not necessarily imply and Fivedocs makes no claims as to appropriateness or safety for any person or prediction of outcome, effectiveness, or success. Insurance content: Content related to insurance adding without limitation, insurance coverage, and benefits information ("insurance content") is planned for the universal reference purpose and the user's convenience only. The insurance information might be based upon the personal data that the users provide to Fivedocs and the health care advisors, like the CPT codes and other encounter data. The information and information regarding insurance might also be directly provided to the users by the insurance provider the user identifies or a third-party clearinghouse. The information included in the insurance can often be amended and can become outdated, inaccurate, or incomplete. The user agrees that they will: • Maintain and verify accurate personal data in the information adding without limitation, confirming such personal information gained by automated means from an insurance card that the user gives. • Give complete and accurate data related to insurance. Fivedocs struggles to give the users the exact insurance information and knowledge. Fivedocs takes no guarantee of any inaccuracies, outdated, or incomplete insurance content. The users are held responsible for conforming with the subparts mentioned above.
6. Medical information
7. User’s responsibilities
7.1 User’s Fivedocs account credentials
7.2 General responsibilities of the users.
7.3 The responsibilities of healthcare advisors and others in the medical and health care industries.
If the user is related to a health care advisor or the medical industry, irrespective of whether the user wants to maintain the Fivedocs Account or the user intends to schedule an appointment with the services, the user agrees that: 1. The user will not utilize the Services to access, view, or indirectly or directly, availability, price, or other content for any reason except the user’s private use as a prospective patient or patient; 2. The user will not utilize the Services to establish or attempt to establish, indirectly or directly, enforce any coordination or agreement of the charges that are charged for any services or product; the kind, amount, or frequency of any product or services that are offered; or the customer categories or customers for any service or product, or trying to engage in price-fixing, market allocation, output restrictions or customers; 3. The user will not utilize the services indirectly or directly to involve in any deceptive, competitive, or unfair practices (as well as but not limited to fraudulent reservation of health care appointments) or else disrupt applicable competition, antitrust, regulations, or computer protection laws.
7.4 Disputes between the users.
• Suppose there is a disagreement between the applicants on this site or Services, or between the users and the third-party (as well as not limited to health care advisors). In that case, the users agree that Fivedocs has no obligation to become part of the disagreement. • In such case of a disagreement with health care advisors and one or more other users, the user release Fivedocs its officers, directors, employees, successors, and agents from demands, claims, and damages to any nature or every kind, known or unknown, unsuspected or suspected, undisclosed or disclosed rising out of or somehow linked to such disputes or Services provided by Fivedocs.
8. Telemedicine services.
• The user might be able to use some telemedicine services by the Services, including but not limited to Fivedocs video service (Fivedocs video Services). • It is to be noted that Fivedocs is not a health care advisor, prescription fulfillment warehouse, or insurance provider. • In providing the Fivedocs video Service, Fivedoc's role is limited to creating some telehealth-related knowledge available to the user or facilitating the user's access to telemedicine services that Fivedocs provide. • Fivedocs is not held responsible for the omissions or the health care providers' actions and any content of the user's communications with them. • Fivedocs is independent of the healthcare advisors and does not hire or experience any control over the services the healthcare advisor provides, irrespective of whether they use the Fivedocs video Services.
9. Third-party links and services.
9.1 links to other websites
• When utilizing the Services, the user may come across links to different websites. These links are given for the user's accessibility only, and Fivedocs do not endorse these links or the services and products they offer. • The user agrees and acknowledges that Fivedocs is not in charge or liable for the accuracy or content of these other websites. • Fivedocs to link to a reliable website, there is a possibility that the connections might include unlawful, objectionable, or inaccurate; Fivedocs will not be questionable or in charge of decency of content that the websites contained or accessed through other links. • By utilizing the services, the user holds and releases Fivedocs harmless from all the legal responsibility with the individuals or organizations that are found by the Services and payments and delivery of goods and services. Any other terms and conditions warranties or representations associated with such dealing are between the user and individuals or organizations. • The user should investigate any necessary before any offline or online communications with third parties. • The users agree that Fivedocs will not be answerable and in charge of any damage or loss incurred as an outcome of any dealings.
9.2 Third-Party Software
• Fivedocs might join a third-party software as part of some services and, without limitation, open source third-party software. • The utilization of the third-party software is subject to all the applicable additional terms and conditions leading, such as those provided by the third-party software provider. • Fivedocs might provide the notice regarding the third-part software. • The notice might include a disclaimer and attribution notice which applies to the third party
9.3 Application Stores.
10 Transaction and payment processing
10.1 Transaction and payment processing generally.
10.2 We have designated provider services
• Some health care advisors might offer by the services price knowledge for their services and their related health care products known as the ("Designated provider services") and give authorization to the user to utilize the benefits to pay for such designated provider services • Before the registration of an appointment for the designated provider services. o The knowledge about the price. o The services and the products that are comprised and omitted un the designated provider services. o If the user agrees, the health care advisor must give appropriate designated provider services at or below the price shown when setting up ("Designated price"). o The Services different or in addition to the designated provider services might be offered, rendered, or available by the health care advisor. o The user and their health care provider approve the pricing for any different or additional services. o FIVEDOCS IS NOT IN CHARGE OF THE USERS OR ANY HEALTH CARE ADVISOR’S FAILURE TO ACCEPT ANY PRICING FOR DISTINCT OR ADDITIONAL SERVICES
10.3 Payment of the user’s financial obligations under the user’s insurance benefits and coverage.
• Some health care advisors might permit the user to utilize the services to pay for a portion or all of the user's financial responsibilities under the user's benefits and insurance coverage (the "insurance payment services") • While Fivedocs endeavors to give correct insurance information such as the user's co-payment obligation). • Fivedocs does not disclaim and guarantees all warranties that the insurance information is accurate. • The user accepts the insurance information provided through the insurance provider or the third-party clearinghouse. It is to be noted that: o The insurance information is regularly upgraded, but some reflect amounts that the user might have paid before the user’s deductible. o The user is likely to have an explanation of benefits or similar document from the user's insurance company after the user has obtained the user's health care advisor's services. o The user might eventually owe the user's health care advisor more than the user paid through the insurance payment services.
10.4 Transaction processing.
11 Reviews and other content the user submit or post.
12 The user's use of content.
• All the information is retained by Fivedocs or Fivedocs licensors. The complete knowledge is protected via trademarks, copyrights, trade secret laws, patents, and international treaties and proprietary rights. • The user agrees that the services and software or underlining technology are connected with the services that hold Fivedocs proprietary content. • Fivedocs allows the users to utilize the knowledge for non-commercial, personal purposes only and does not transfer any intellectual property rights by authorizing the users to use the services. • The user might download, print, and store the knowledge from the services for the user's convenience. Still, the user might not distribute, copy, republish (apart from as expressly acceptable herein), exploit, or sell. • The user might exploit the services in part or whole for any commercial benefit or other benefits. • Apart from as expressly given herein, neither Fivedocs nor its suppliers allow the users any implied or express. Fivedocs do not explicitly approve all the rights in the services to the users are retained by Fivedocs.
• Fivedocs is formed to improve patients' health care practice, and Fivedocs requires the user's experience with Fivedocs to be excellent. • Fivedocs perform their best to make the user's experience remarkable. The user acknowledges that Fivedocs have no control over any actions related to: o Who can access the services provided by Fivedocs? o What information can the users access? o The possible effect the data might have on the user. o How the user might utilize or interpret the data. o A user might take the possible actions as the outcome of being exposed to the information. • The user releases Fivedocs from any legal responsibility for the user’s inability to utilize any information. • Fivedocs and our suppliers, licensors, parent, partners, affiliated or subsidiaries entities and their representative directors, officers, members, consultants, employees, contract employees, agents, and representatives and their successors and assigns (Fivedocs and parties together, the “Fivedocs parties”) creates no warranties or representations about recommendations and suggestions of the products or services purchased or offered by the Services. The Fivedocs parties will not be liable or responsible for the copyright, accuracy, legality, decency, or compliance of material accessed through the Services. • Fivedocs have no special connection with or fiduciary responsibility to the user. • FIVEDOCS AND FIVEDOC'S SUPPLIERS AND LICENSORS SUBMIT THE SERVICES "AS AVAILABLE" AND "AS IS. " • FIVEDOCS CREATES NO IMPLIED OR EXPRESS GUARANTEES OR WARRANTIES REGARDING THE SERVICES OR CONTENT. • TO THE EXTREME EXTENT ALLOWED BY THE LAW, FIVEDOCS HEREWITH RENOUNCES ALL SUCH GUARANTEES, AS WELL AS ENTIRE STATUTORY WARRANTIES, INCLUDING NONLIMITATION, ANY ASSURANCES THAT THE SERVICES ARE MARKETABLE OF THE ACCEPTABLE QUALITY, CORRECT, SUITABLE FOR THE PARTICULAR NEED OR NON-INFRINGING OR PURPOSE. • FIVEDOCS DOES NOT ASSURE THAT THE OUTCOME THE USERS MIGHT BE AVAILED BY THE SERVICES ' UTILIZATION WILL BE RELIABLE, EFFECTIVE, OR CORRECT AND WOULD MATCH THE USER'S REQUIREMENTS. • FIVEDOCS DOES NOT PROVIDE WARRANTIES THAT THE USER WILL BE ABLE TO UTILIZE THE SERVICES (DIRECTLY OR BY THE THIRD-PARTY LINKS) AT THE LOCATION OR TIME OF THE USER'S SELECTION. • FIVEDOCS IS NOT IN CHARGEABLE FOR THE RELIABILITY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THE CONTENT THAT IS SUBMITTED BY THE USERS OF THE SERVICES OR ADDITIONAL INFORMATION OR DATA THAT IS SUBMITTED OR RECEIVED BY THE SERVICES. • FIVEDOCS DOES NOT GUARANTEE REGARDING THE INFORMATION SYSTEMS, FUNCTIONS, SOFTWARE MADE ACCESSIBLE BY THE SERVICES, OR ADDITIONAL SECURITY RELATED TO THE TRANSMISSION OF THE SENSITIVE CONTENT. • FIVEDOCS DOES NOT GUARANTEE THAT THE SERVICES WILL WORK BUG-FREE, UNINTERRUPTED, BUG-FREE, AND FREE FROM FAULTS, THE SOFTWARE OR SERVICES ARE VIRUS-FREE, THERE WILL BE NO LOSS OF DATA, AND THERE ARE NO HARMFUL ITEMS.
14 General limitation of liability.
• THE USER'S SOLE AND THE EXCLUSIVE MEDICATION FOR ANY ARGUMENT BETWEEN FIVEDOCS AND THE USERS WILL RESULT IN THE CANCELLATION OF THE USER'S FIVEDOCS ACCOUNT. • ON NO OCCASION SHALL FIVEDOCS CUMULATIVE LIABILITY TO THE USER UTILIZATION OF THE SERVICES, IRRESPECTIVE OF THE KINDS OF ACTIONS, SURPASS THE GREATER OF: o THE EXACT NUMBER OF CHARGES, IF THERE ARE ANY, THAT THE USER PAID TO MAINTAIN OR MAKE A FIVEDOCS ACCOUNT FOR THE UTILIZATION OF THE SERVICES, OR; o $100; EXCEPT THAT, FOR ALL AND ANY CLAIMS LINKED TO THE RISING OF THE USER'S UTILIZATION OF THE TRANSACTION PROCESSING SERVICES, IN NO OCCASION SHALL FIVEDOCS CUMULATIVE LIABILITY AFTER THAT IRRESPECTIVE OF THE FORM OF ACTIONS SURPASSES THE EXACT NUMBER OF TRANSACTION PROCESSING AMOUNT IF THERE ARE ANY DISPATCHED TO AND RESERVE BY FIVEDOCS FOR GIVING TRANSACTION PROCESSING SERVICES FOR THE REGISTRATIONS MADE BY THE USERS SIX MONTHS BEFORE THE OCCASION BOOSTING THE APPROPRIATE CLAIM. • TO THE EXTREME LEVEL PERMITTED BY THE VALID LAW, ON NO OCCASION AND UNDER NO LAWFUL CONCEPT AS WELL AS NONLIMITATION, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE SHALL ANY OF THE FIVEDOCS PARTIES BE IN CHARGE OF THE USER OR THE THIRD PARTY THAT CLAIMS BY OR UNDER THE USER. • FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY INJURY ARISING FROM THE USER'S USE OF OR INABILITY TO UTILIZE THE SERVICES. • THESE EXCLUSIONS ARE PUT ON ANY CLAIMS FOR DECREASE IN PROFITS, LOSS OF GOODWILL, LOST DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OR RESULTS, MALFUNCTION OR COMPUTER FAILURE, ANY OTHER COMMERCIAL LOSSES OR DAMAGE, ANY ADDITIONAL SERVICES, GOODS, MEDICAL MALPRACTICE OR TECHNOLOGY, OR NEGLIGENCE OF THE HEALTH CARE ADVISOR USE BY THE UTILIZATION OF THE SERVICES, OR STUFF ELSEWHERE FIVEDOCS SENSIBLE CONTROL, EVEN IF FIVEDOCS IDENTIFIED OR SHOULD HAVE IDENTIFIED OF THE OPTION OF SUCH HARM. • AS IN SOME JURISDICTIONS OR STATES DO NOT PERMITS THE LIMITATION OF THE LIABILITY OR EXCLUSION FOR INCIDENTAL OR CONSEQUENTIAL HARM, IN ANY JURISDICTIONS OR STATES, FIVEDOCS LIABILITY SHALL BE RESTRICTED IN ACCORDANCE HEREIN TO THE EXTREME EXTENT PERMITTED BY THE LAW. • THE USER SHALL AND AT THIS MOMENT WAIVE THEIR RIGHTS CONCERNING THE CALIFORNIA CIVIL CODE SECTION 1542 OR ANY ALIKE LAW OF ANY JURISDICTION, WHICH INCLUDES IN MATERIAL THAT "A GENERAL RELEASE DOES NOT EXCEED THE CLAIMS WHICH THE RELEASING PARTY OR THE CREDITOR DOES NOT SUSPECT OR KNOW TO OCCUR IN HIS OR HER SETTLEMENT WITH THE RELEASED OR DEBTOR PARTY."
17 Arbitration agreement
17.1 Arbitration instructions; applicability of arbitration agreement.
17.2 Cost of arbitration
• The guidelines will govern the payment of all the arbitration charges. • Fivedocs will repay all the arbitration charges for claims less than 75000 dollars. • Fivedocs will not seek its attorney's cost and fee in arbitration except if the arbitration views that the user's claims are frolicsome.
17.3 Small claims court; infringement.
• The User or Fivedocs might state claims if the claims meet the small claims court in the United States or any New York County where the user is located. • The running obligate to the attribute the settlement, Fivedocs and the users have the right to avail equitable relief or injunction at any period, from any court of experienced jurisdiction, to stop the threatened or actual infringement, violation, or misappropriation of a party's trademark, copyrights, patents, trade secrets, or other intellectual property rights.
17.4 Waiver of the jury trial.
• THE USER AND FIVEDOCS WAIVE ANY STATUTORY AND CONSTITUTIONAL RIGHTS TO PURSUE THE COURT AND HAVE A TRIAL WITH THE JURY OR JUDGES. • Fivedocs and their users are instead selected to have arguments and claims fixed by the arbitration. • The arbitration process is typically more efficient, more limited, and cheap than the regulations applied in the court and is subjected to very little feedback by the court. • In any court case between the users and Fivedocs over either to vacate or carry out an arbitration award, the User and Fivedocs WAIVE ALL THE rights to a jury trial and elect instead to have the judge fix the argument.
17.5 Waiver of class or consolidated actions.
• All the claims and the disputes inside the scope of this arbitration contract must be litigated or arbitrated on a person’s according’s and not according to the class basis. • Claims of more than one user or customer cannot be litigated or arbitrated, consolidated, or jointly with those of any other user or customer. • If, in any case, the consolidated or wavier of class actions are deemed unenforceable or invalid, then neither Fivedocs nor the users are entitled to arbitration; and all the disputes and the claims will be solved in the court as stated below.
• Suppose the user sends the arbitration notice mentioned in section 17.6 or in cases where the ongoing arbitration agreement permits the User and Fivedocs to litigate any argument arising out of or linking to the subject material of these terminologies in court. In that case, the lasting arbitration agreement will not work for any of the two users. Fivedocs acknowledges that Fivedocs will carry any court work except the small claim's actions in the federal court or state situated in New York County, federal or New York district in which the county falls.
• If the ban against the class actions and other claims carried on behalf of the third-party contained above is found to be unenforceable, then in all of the preceding language in this arbitration contract will last the expiry of the user’s connection with Fivedocs.
18.1 Electronic agreement; copyright dispute
18.2 Text/SMS Communications.
• By voluntarily ging the user's cell phone number to Fivedocs, the user acknowledges that Fivedocs might get in touch with their users through telephone, MMS, or SMS messages to send the user the content that Fivedocs think might be of attention to the user at that phone number which the user has provided. • The user at this moment agrees to receive such communication for the active, transaction, or informational purposes, and the User warrants and represents that every individual the User lists for the services or for whom the user submits a wireless phone number has agreed to receive the communications from Fivedocs. • The user acknowledges to insure and holds Fivedocs meaningless from and against any liabilities, claims, damages, expenses, and losses, increasing from or in any situation related to the user's break of the ongoing. • Data and message charges from the user’s mobile telephone services provider. • The user can opt-out of receiving text messages by adjusting the user's notification setting in the User's Fivedocs account or following the given directions. • It is to be noted that the selection of receiving all texts might impact the user's utilization of the services. • Suppose the user deactivates or changes the phone number that they submit to Fivedocs. In that case, the user has an affirmative responsibility to keep up-to-date with the user's account content. The cell numbers that are connected to the user Fivedocs account to stop Fivedocs from the involuntarily communicating with an individual who obtains any cell phone numbers beforehand qualified to the user's, and any potential cell phone number the user linked to the user's account might receive Fivedocs SMS messages unless the user also unsubscribes through the procedures mentioned above.
18.3 Limitation of claims
• No activities rising under or concerning this contract, irrespective of the form, might be taken by the user more than one year after movements rose; the activities carried subsequently are continually barred.
• On any occasion, any individual or more than one of the requirements of this contract shall for any cause be detained to be unacceptable, unenforceable, and illegal. The left-over requirements of this contract shall be undamaged. • The illegal, invalid, or unenforceable requirements shall be changed by the provision that comes near to the intention of the User and Fivedocs that highlights the unlawful, invalid, or unenforceable provision, other than to the degree no such provision is enforceable, illegal, or valid in which occasion such unenforceable, the invalid, or unlawful provision shall be eliminated or limited to the minor extent required so that the provisions of this contract remains in the entire force and enforceable and effect.
18.5 They are governing laws and language.
• This contract shall be considered to have been come into and shall be enforced and construed according to the FEDERAL ARBITRATION ACT, valid federal regulation, and the regulations of the government of New York as included in the agreement created and to be executed fully within New York, without providing the effect to the government's conflicts of law statute. • This contract and the entire agreements referenced in this were enlisted in English. Therefore, any transformations shall not be required on either the User and Fivedocs to the extent they struggle with the English language versions.
18.6 Entire contract; wavier.
• The headings listed in this contract are for convenience purposes only. • The headings do not form a part hereof and in no way define, modify, limit, describe, construe or interpret the scope, meaning, or intent of this contract or any terms or conditions.
• Fivedocs might submit this contract at any period and without limitation to any subsidiary, parent, or affiliated company, or as part of the sales, to combine with or other transmissions of the of Fivedocs business or any possessions to other entity. • The user might not submit, sublicense or transfer this contract to another entity, and any effort to do so in the destruction of this part shall be void or null.