These Terms of Service (“Terms”) govern your access to and use of www.directcolonoscopy.com, our mobile applications, and any related services (collectively, the “Services”) operated by MEDGATHER, INC. doing business as Direct Access Colonoscopy (“Company,” “we,” “us,” or “our”). Please read these Terms carefully before using the Services.
BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU (1) HAVE READ THESE TERMS, OUR PRIVACY POLICY, AND OUR COOKIE POLICY IN THEIR ENTIRETY; AND (2) UNDERSTAND AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
You must be at least eighteen (18) years old and capable of entering into a legally binding agreement to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are accessing the Services on behalf of another person, including a minor for whom you have legal authority, you represent that you have the authority to bind that person to these Terms.
Direct Access Colonoscopy is a brand of MEDGATHER, INC. that provides an online platform enabling individuals to learn about, schedule, and coordinate direct-access colonoscopy and related screening services in San Jose, California and the surrounding San Francisco Bay Area. The Services include the Website, scheduling tools, informational content, communications, and any other features we may offer from time to time.
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. The content available through the Services — including text, graphics, images, and other materials — is for general informational and scheduling purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or procedure.
NO PHYSICIAN-PATIENT RELATIONSHIP. Your use of the Website or Services alone does not create a physician-patient relationship between you and any provider listed, referenced, or accessible through the Services. A physician-patient relationship is established only upon in-person evaluation and acceptance of care by a licensed provider.
MEDICAL EMERGENCIES. The Services are not intended for medical emergencies. If you believe you are experiencing a medical emergency, call 911 or your local emergency services immediately, or go to the nearest emergency room.
RELIANCE. Never disregard professional medical advice or delay seeking it because of information you obtained through the Services.
Certain features of the Services may require you to create an account or provide personal information. When you do, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your information; (c) keep your password and access credentials confidential; and (d) accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
When you book an appointment through the Services, you acknowledge that:
Certain Services may require payment. Fees, accepted payment methods, and any applicable taxes will be disclosed at or before the point of payment. By providing payment information, you authorize us and our third-party payment processors to charge the applicable amounts.
If you elect to use insurance, you are responsible for verifying coverage with your insurance carrier. We are not responsible for insurance coverage determinations, claim denials, deductibles, copayments, or any out-of-pocket costs. You remain responsible for any charges not covered by insurance.
Cancellation, rescheduling, and no-show policies are disclosed at the time of booking and may vary by appointment type and provider. You agree to comply with the applicable cancellation policy. We reserve the right to charge a fee for late cancellations or no-shows, consistent with the policy disclosed at booking.
You agree not to use the Services to:
The Services and all content provided through them — including text, graphics, logos, images, software, and the “Direct Access Colonoscopy” brand — are owned by or licensed to MEDGATHER, INC. and are protected by United States and international copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes consistent with these Terms. All rights not expressly granted are reserved. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the Services without our prior written consent, except as permitted by law.
You may have the opportunity to submit content through the Services, including testimonials, reviews, messages, or other materials (“User Content”). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, display, and perform your User Content in connection with the Services and our business.
You represent and warrant that you have all necessary rights to submit your User Content and that it does not violate any third-party rights or applicable law. We reserve the right to remove any User Content at our sole discretion.
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We are not responsible for the content, privacy practices, or terms of any third-party services. Your interactions with third-party services are solely between you and the third party.
Your use of the Services is also governed by our Privacy Policy and Cookie Policy, which describe how we collect, use, and protect your information. By using the Services, you consent to those practices.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDGATHER, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS IS INTENDED TO LIMIT LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.
You agree to indemnify, defend, and hold harmless MEDGATHER, INC., its affiliates, and its and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any User Content you submit.
PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) shall be resolved through final and binding bi-lateral arbitration on an individual basis, except as expressly provided below. The arbitration will be administered by [arbitration provider to be confirmed by counsel — e.g., JAMS or American Arbitration Association] in accordance with its then-current rules, including the Mass Arbitration Supplementary Rules as applicable. The arbitration will be conducted in Santa Clara County, California, unless otherwise agreed in writing.
You and the Company waive any right to a trial by jury. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Exceptions. Either party may bring an individual action in small claims court for disputes within that court’s jurisdiction. Either party may also seek injunctive or equitable relief in court to protect intellectual property rights or to address unauthorized access to the Services.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE IN WRITING, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.
These Terms and any Dispute arising out of or related to them are governed by the laws of the State of California, without regard to its conflict of laws principles. Subject to the arbitration provisions above, you and the Company submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.
We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, including for any violation of these Terms. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination — including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.
We may modify these Terms from time to time. When we do, we will update the “Effective” date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.
Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and the Company regarding the Services and supersede any prior agreements.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice.
Notices. We may provide notices to you by email, by posting on the Website, or by other reasonable means. You agree that electronic notices satisfy any legal requirement that notices be in writing.
If you have questions about these Terms, please contact us at [email protected] or by mail to:
MEDGATHER, INC.
Attn: Support Team
6335 Grand Oak Way, San Jose, CA 95135
(408) 850-3721
[email protected]