These Terms of Service regulate the use and access of www.doxiva.com (the “Website”), including COVID-19 Self-Screening Tool (the “Applications”), and the algorithmic instructions services, features, content, or applications (together with the Website and the Applications, the “Services”) offered by DOXIVA HCS, based in New York, United States.

These Terms of Service set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Services. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Services. By clicking “Accept” Terms of Service when prompted or making an Account or, using or accessing the Services, you understand that you will adhere to these Terms of Service and all other operating rules, policies, and procedures that may be issued periodically on the Service by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms of Service, including the compulsory arbitration provision and class action waiver, you must stop using the Services.

By accepting these Terms of Service, you agree that the Terms of Service constitute a binding contract, effective as of the date of first acceptance by you, between DOXIVA HCS (collectively herein, “Doxiva”, “we”, “us”, or “our”) and you (each a “Party” to the contract and collectively, the “Parties”).
Specific portion of the Services may be based on additional or supplemental terms and conditions prescribed by us from time to time; your use of such specific portions of Services is regulated by those additional terms and conditions, which are included into these Terms of Service by this reference. In a scenario wherein there is conflict between these Terms of Service and additional terms and conditions, the additional terms will prevail over these Terms of Service concerning that conflict.

1. TERMS OF USE
While we may issue information with respect to use and access of the Services from time to time, you are solely liable to ensure that you understand, accept, and are in adherence to the User conditions (defined in Section 2), Healthcare Rules (defined in section 4 ), the Other Rules of Conduct(defined below in Section 5 ), other rules regarding access to these Terms of Service, and any local, state. Federal, or international laws, statutes, rules, regulations, industry standards, or best practices that may in any way control/supervise your use of Services (collectively, “Terms of Use”).

2. USER TO MEET FOLLOWING CONDITION
2.1 In order to use Services, you must
2.1.1 be at least sixteen (16) years old and able to enter into contracts;
2.1.2 complete the registration process;
2.1.3 agree to the Terms of Service including our Privacy Policy; and
2.1.4 provide true, complete, and up to date legal and contact information. If you sign up for Services on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms of Service on their behalf.
2.2 By using Services, you represent and warrant that you will use Services only for non-commercial purposes.
2.3 By using Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use Services in a way that violates any laws or regulations. Doxiva may refuse service, close accounts of any users, and change eligibility requirements at any time.
2.4 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein therefore are permitted to use the Services. If you do not meet any of the conditions stated herein you shall not access/use the Services and must cease to be a user.

3. CONTENT TERMS AND DEFINITIONS
3.1 In context of these Terms of Service, the term “Content” indicates all content produced, transmitted, or otherwise made accessible on through the Services and includes but not limited to information, data, medical case studies, text, photographs, images, illustrations, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features produced, transmitted, or otherwise made accessible on or through the Services. For the purpose of these Terms of Service, Content also includes all User Content (as defined below). We reserve the right to block access to or modify or remove any content at our sole discretion, at any time, without any announcement and on any grounds including but not limited to allegation made by third party or authorities regarding such content or if you have breached any of these Terms of Service.
3.2 We do not own or are responsible for the Content You submit, upload, or transmit to us as a result of your usage of our services. You understand that the content you submit is voluntary and with your permission.
3.3 You understand and agree that all content submitted by you may be exhibited, presented or transmitted with your name or information with which you may be identified. User Content submitted by you while using the Services may be accessible to you and/or users you have allowed access to the User Content mentioned thereof (“Your Private Content”). We are not liable for storing, creating back up or protect Your Content from loss or theft.

4. HEALTHCARE RULES
4.1 The content and various features of the Services incorporate but is not limited to content and are for informational purposes only.
4.2 You understand and agree that information emanated through the Services is not supposed to be and must not be comprehended to be, a medical advice or medical suggestion regarding detection, cure, prescriptions, or otherwise.
4.3 You shall not claim/endorse yourself to render, or consent to agree, or indicate in any manner as rendering a medical advice or medical service regarding detection, cure, prescriptions or otherwise associated with the use of the services.
4.4 You understand and agree that no part of the Services should be considered, or supplanted for, your own professional, medical, or management knowledge, analysis, judgment, professional proficiency, or processes concerning detection, cure, prescriptions, or other healthcare decisions or acts.
4.5 You understand and agree that you shall not operate the services supplanting your own professional, medical, or management knowledge, investigation, evaluation, proficiency, or processes to render detection, medical advice, cure, prescriptions for your patients. You understand and agree that assessing the most appropriate, detection, prescription, cure or other medical suggestion is your sole responsibility.
4.6 You and understand and agree that user of the Services or entity patrons to the Services will be responsible to you in association with your use of and/or dependence on User Content for the objective of healthcare.
4.7 You shall be solely liable for any information you provide or utilize as a result of using the Services.
4.8 You understand and agree that reliance on any information provided through the Services is solely at your own risk. We cannot guarantee the accuracy, reliability, timeliness, relevance, or validity of any information provided through or in connection with the Services.
4.9 You understand that dependence on any content rendered vis-à-vis the Services is solely at your peril. We do not represent and warrant the completeness, preciseness, timeliness, pertinence or validity of any information rendered vis-à-vis the Services
4.10 You understand and agree that no patient/doctor connection of any kind is formed vis-à-vis the Services. You understand and agree that you shall not form, facilitate, promote, or otherwise represent or intend to cause any patient/doctor connection vis-à-vis the Services.
4.11 You understand and agree that the Services will not be used by you to contact, seek, refer, render medical care or fulfil obligations for any patients.
4.12 You understand and agree that you shall never render to the Services any personal identifiable health information that would be categorized as Protected Health Information (“PHI”), as classified under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the regulations promulgated thereunder (“HIPAA”), and as regulated under similar state laws, or any Content that breaches any professional code of ethics.
4.13 If you do render any PHI to the Services in violation of these Terms of Service, you understand and admit that you are solely liable for the repercussions of the aforesaid violation, and shall indemnify a shall indemnify, defend and hold harmless us, our affiliates and each of our and our affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to such violation.
4.14 If you are aware or become aware of any Content on the Services that includes PHI or breaches any professional code of ethics, you shall immediately notify or bring to our notice such Content by communicating to us on our website. If any of Your Content includes PHI or breaches any professional code of ethics, you are obligated to promptly take out such content.
4.15 You understand and agree that you are solely liable for any expense associated with any document arrangement, documentation, notifications, or other compliance norms as prescribed by the United States Department of Health and Human Services or any other regulation concerning HIPPA or any other applicable law, regulation, or norm that governs the declaration of PHI.
4.16 You are obligated to adhere to all laws, norms, and regulations, together with other laws, rules and regulations with respect to medical profession (practice of medicine), curing arts, or equivalent in any applicable jurisdiction. You are liable for acting in accordance with all state and federal laws concerning holding of medical data and records, patient access and modification to information, and patient permission to disclose data.
4.17 You understand and agree that Doxiva has not rendered or shall not render any suggestion that can be considered as legal advice. You agree that you shall not depend on any marketing information, guideline, exchange of information (verbal or oral, digital or non-digital), or other contents from Doxiva as legal advice related to any professional duties, ethics. Norms, rules, liability or otherwise. If you have any query concerning any legal liability of any access/use of the Services, it is suggested that you shall refer to independent legal advice.
4.18 You understand and agree that we do not represent or warranty any outcome or failure to get an expected outcome from application of services or any Content in regard to any third-party or any objective other than application of the services in consonance with these Terms of Service.
4.19 You understand and agree that Doxiva does not represent and warranty outcome from charging any federal or state healthcare programs, including other insurances and insurance based coverage in association with the application of the services, nor does Doxiva represent or warranty that the application of the Services shall in any manner ensure or adhere to any condition necessary for any such programs or reimbursement.
4.20 You understand and agree that Doxiva does not represent and warranty that application/access of the Services shall adhere or be eligible for any federal, state, or private licensing norms, certification or program needs, including but not limited to peer assessment conditions.
4.21 You understand and agree that Doxiva does not represent or warranty that adhering to these Terms of Service or use of the Services shall be sufficient to fall in with HIPAA, privacy laws, specific professional laws and norms or any other act, legislation or rules.

5. OTHER RULES OF CONDUCT
5.1 You agree not to use the Services in a manner that is proscribed by the Terms Stated herein, proscribed by relevant laws, or otherwise inconsistent to the objectives of the Services. You are responsible/liable for the use or in association with the use of the Services. You shall not cause or facilitate in any way use of the Services in contravention to terms stated herein.
5.2 Website and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content
5.3 If You post, transmit or share information which leads to infringement of IPR owned by another person/organization You shall only be liable and responsible under any law that is applicable under these circumstances. You agree to indemnify us against any infringement claim that may be brought against us, arising out of You posting/sharing Idea, Content, or any material on our Website. You also agree to indemnify us for any costs that we may incur to defend ourselves regarding infringement claim brought against us in court of law.
5.4 You shall not use, encourage, facilitate, instruct, prompt, direct, convince others to use, the Service in a manner which contravenes any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose which is deleterious to others; or convey, store, post, disseminate, or facilitate content that is illegal, duplicitous or causes some kind of damages to others.
5.5 You agree not to : Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
5.6 You agree not to: Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
5.7 You agree not to use the Services in contravention to or in violation of any Healthcare Rules, including but not limited to Your Content that contains PHI or that violates any professional code of ethics.
5.8 You shall not : (1) take any action that foists or may foist an unfair or excess burden on our infrastructure; (2) Impedes or tries to impede with the proper functioning of the Services or any activities associated with the Services; (3) breaches or avoids any measure we have deployed to prohibit or limit access to the Services; (4) unlawfully downloading or exporting any Content from the Services using tools, software, or instruments not anticipated by the Services; or (5) act in a manner which contravenes our rules or policies.
5.9 We reserve the right to access, obtain, retain and transmit any information as we consider necessary to (1) adhere to any law, regulation or request from law enforcement agencies, (2) enforcement of these Terms of Service and investigation of potential breach of Terms stated herein; (3) Identify, prevent, or otherwise look into fraud, security or technical issues; (4) guard the rights and property that belongs to us, other users and general public.
5.10 You shall not allow unauthorized access to the Services and if there’s an occasion wherein you gain unauthorized access you shall immediately stop such access and immediately inform us of the unauthorized access on our Website.

6. REGISTRATION
6.1 To access certain services, you may need to register for a user account on the Services. For continuous access to our Service it is suggested that You shall provide us with accurate, complete and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
6.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
6.3 You are solely liable and responsible for any activity that occurs on your account. You agree and understand that you shall not share your user account password with anybody or do any such act which promotes unauthorized use of your user account. You shall take all measures to protect your password including but not limited to restricting use of your personal device.
6.4 You must notify us immediately on our website of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Services or through a request made on our Website.
6.5 You understand and agree that by creating User account you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as a legal notice and meet all the legal notice requirements.

7. PRIVACY POLICY.
For information on our privacy practices, we urge you to refer to our Privacy Policy (which is hereby incorporated by reference as if fully set forth herein).

8. LICENSES
8.1 License for using the Services. Subject to the Terms of Service mentioned herein, Doxiva gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Services and the Content (and other items displayed on the Services for download) only for purposes of using the Services in accordance with these Terms of Service. It is expressly prohibited without the prior express permission from Doxiva to use, reproduce, modify, distribute, or store any Content for purposes other than using the Services consistent with these Terms of Service herein.
8.2 License to Your Content. By submitting Your Content (excluding Your Private and Personal Content) through the Services, you give us a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, sublicensable, fully paid, and transferable license for using, modifying, editing, aggregating, truncating, reproducing, distributing, preparing derived works of, display, perform, and to fully exploit Your Content with respect to the Services and our (and our successors’ and assigns’) businesses, including but not limited to, for the promotion and redistribution of any part or all of the Services (and derived works thereof) in any media formats and through any media channels (including but not limited to, third party websites and feeds), and including after termination of your Account or use of the Services. You also hereby grant each user of the Services and each enterprise subscribed to the Services a non-exclusive, perpetual license for accessing Your Content (excluding Your Private an Personal Content with regards to users that you have not expressly permitted access) in the form available to such user or enterprise through the Services, and to use, edit, modify, distribute, reproduce, prepare derivative works of, display, and perform Your Content, including after termination of your Account or use of the Services.
8.3 License of Your Private or Personal Content. By submitting Your Private or Personal Content through the Services, you herby grant us a worldwide, non-exclusive, royalty-free, perpetual, fully paid, sublicensable, and transferable license for using, editing, truncating, modifying, reproducing, aggregating, distributing, preparing derived works of, display, and perform Your Private or Personal Content only to provide the Services to you.
8.4 License to feedback. You give us a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, fully paid, sublicensable, and transferable license for using, editing, modifying, truncating, aggregating, reproducing, distributing, preparing derived works of, display, perform, and otherwise completely exploit (including by integrating into the Services) any suggestions, enhancement requests, recommendations or other feedback that you provide to us with respect to the Services provided by us.
8.5 Right to license. You hereby represent and warrant that you have all rights to give the license in this section to us without infringing or violating the rights of any third party, including but not limited to, any publicity rights, privacy rights, trademarks, copyrights, contract rights, or any other proprietary or intellectual property rights.
8.6 Preservation of rights. The aforesaid license allows us and our users which do not impugn other proprietary rights or license rights concerning your content or other IPR of yours, including your right if any to permit others to use your content under a license. Provided, your right under a license to permit other users to use your content shall not be in contravention to these terms stated herein.

9. DMCA COPYRIGHT POLICY.
It is our Policy to limit access to our Services of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your account. If you find that anything on our Services infringes any copyright that you own, or control please contact us using the information provided in section 20.

10. THIRD PARTY SERVICES.
The Services provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

11. TERMINATION.
We reserve the right to terminate your access to all or any part of the Services at any point or time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your account if you wish to do so by placing a request on our website. Any such termination shall immediately revoke the license granted under Section 8.1, and you shall effective immediately be prohibited from accessing or using the Services or Content for any reason. All fees paid hereunder are non-refundable. The provisions of these Terms of Service which by their nature should survive termination shall survive termination, including but not limited to licenses of Your Content, warranty disclaimers, ownership provisions, limitations of liability and indemnity.

12. RELEASE.
To the maximum extent permissible by applicable law, you hereby absolutely release Doxiva and its affiliates as well as all other users of the Services from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence, that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Services, including any disputes which may arise between users and the acts or omissions of third parties.

13 WARRANTY DISCLAIMER.
THE SERVICES, AND CONTENTS ARE PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF SERVICES AND CONTENTS IS AT THE USER’S SOLE RISK. THE SERVICES AND CONTENTS ARE PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. DOXIVA, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES ARE OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE SERVICES IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR PATIENTS; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR AND/OR YOUR PATIENTS’ REQUIREMENTS; (VII) THE USE OF THE SERVICES PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE SERVICES SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE SERVICES.

14. INDEMNIFICATION.
You acknowledge and agree that, you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Services or Content; (b) Your Content, including Your Content which is untrue, inaccurate, unreliable, fraudulent, misrepresentative, outdated, or that induced or was reasonably understood to induce reliance; (c) your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (d) your misuse of anyone’s private, proprietary, or confidential information; (e) infringement by you (or any third party using your Account or identity in the Services) of any intellectual property or other right of any person or entity; or (f) otherwise in violation of these Terms of Service in any way. It is our right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defenses at your expense, including reasonable attorneys’ fees incurred by us.

15. LIMITATION OF LIABILITY.
THE USE OF THE SERVICES OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE SERVICES FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00. REMEDIES UNDER THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. SOME JURISDICTIONS MAY NOT PERMIT US TO LIMIT OUR LIABILITY IN CERTAIN WAYS, SO IT IS POSSIBLE THAT SOME LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF SERVICE.

16. DISPUTE RESOLUTION; ARBITRATION.
WE URGE YOU TO READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DOXIVA AND ALSO LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
16.1 With the exception of any dispute in which either party wants to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, all claims or controversies that may arise out of or relating to these Terms of Service, or any breach thereof, or which may arise out of or relating to your access to or use of the Services (except such claims or controversies for which injunctive relief is available) (“Arbitrated Claims”) will be done by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (“AAA Rules”), and any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available at www.adr.org. You acknowledge and agree that, by accepting these Terms of Service, you and Doxiva are both waiving the right to a trial by jury and the right to participate in a class action or any other type of representative proceeding in connection with Arbitrated Claims.
16.2 You and Doxiva both agree that all claims or controversies that may arise out of or related to these Terms of Service or your access to, or use of the Services is personal to you and Doxiva, and that all such claims or controversies shall be resolved only through individual arbitration and shall not be brought as a class arbitration, class action or any other types of representative proceeding. You and Doxiva agree that there shall be no class arbitration or arbitration in which an individual attempt to resolve any claims or controversies as a representative of another individual or group of individuals. Further, you and Doxiva agree that any claims or controversies shall not be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator shall not have the power to vary these class action waiver provisions.
16.3 These Terms of Service evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration shall be conducted accordance with the AAA Rules.
16.4 As limited by the FAA, these Terms of Service and the applicable AAA rules, the arbitrator shall have the authority to grant all remedies that would be otherwise available in court; with the following exceptions: (a) the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. (b) The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Notwithstanding any other provision of this Section 16, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained in this Section 16, shall be decided only by a court of competent jurisdiction, and not by the arbitrator.
16.5 Unless you and Doxiva expressly agree otherwise, any arbitration hearings will take place in Rochester, New York. In the event the claims or controversies are for $10,000 or less, you agree that Doxiva shall have the right to choose if the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. Without regard to the manner in which the arbitration is conducted, the award of the arbitrator(s) will be accompanied with a statement of the reasons upon which the award is based, and you and Doxiva agree that such award shall be enforceable in any court of competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator shall not have authority to award damages, remedies or awards that conflict or clash with the Terms of Service.
16.6 Without any limitation to the foregoing, you shall bring any claims you may have against us within the period of six (6) months of the date on which the claim arose or be forever barred from doing so.

17. GOVERNING LAW AND JURISDICTION.
These Terms of Service shall be governed as per the laws of the state of New York, regardless of any conflict-of-laws, provisions or rules.

18. MODIFICATION.
We shall have the right to make modifications or replace any of the Terms of Service, or suspend, change, or discontinue the Services (including but not limited to, the availability of any feature content, or database,) at any time or instance by posting a notice through the Services . We may also do so by sending you a notice via e-mail, via the Services, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may, if required to do so restrict your access to parts or all of the Services without notice or liability. We endeavor to try and provide notice of modifications to these Terms of Service. However, you also agree that it is also your responsibility to take reasonable efforts to be aware of such modifications.
When you continue to use the Services after notification of any modifications to the Terms of Service shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.

19. MISCELLANEOUS
19.1 Entire agreement and severability. These Terms of Service are the entire agreement between you and us with regards to the Services. These Terms of Service supersede all prior contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Services. If any provisions mentioned in these Terms of Service are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19.2 Relationship of the parties. You and Doxiva are independent contractors. These Terms of Service shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms of Service, there are no third-party beneficiaries to the Terms of Service. We do not have any special relationship you nor any fiduciary duty.
19.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
19.4 Assignment. You agree that these Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
19.5 Notices. All notices under these Terms of Service shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to admin@doxiva.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
19.6 No waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

20. CONTACT.
You may get in touch with us through our website or the address given below: DOXIVA HCS admin@doxiva.com.