1. Agreement

These Terms and Conditions apply to the web site with a home page located at www.DocuWhiz.com and a web application located at portal.DocuWhiz.com (the “Site”). These Terms and conditions are a legal and binding agreement between you, the person viewing or using this site, referred to as “users,” “subscribers,” or “you” or similar terms, and DW LLC. This web site is owned and operated by DW LLC (“DocuWhiz”, “us,” “we,” or similar terms).

If you do not agree to these Terms and Conditions, please do not use this site.

2. Updates and Changes

We reserve the right to modify these Terms and Conditions, as well as our Privacy Policy, at any time. Such changes, including retroactive changes, are effective once posted on this or a similar page of our web site. This entire site, specific pages or features of this web site may be discontinued or changed without notice.

3. Last Update

This Site was last updated on October 1, 2019.

4. Access

You agree that you will not attempt to access any restricted or secure portion of this Site to which you have not specifically been granted access.

5. Comply with Laws

Users must comply with all applicable laws and regulations.

6. Term and Termination

This Agreement begins on the date you first access this Site, and continues for a term of one (1) year, after which this Agreement automatically renews for additional terms of one (1) year each. This Agreement automatically terminates if you breach any term of the Agreement, or immediately upon notice from DocuWhiz, which may terminate this Agreement at any time, for any reason or no reason. When this Agreement terminates, you agree to immediately stop using or accessing this Site and to destroy all copies of content or information from this Site. All terms which by their nature at intended to survive expiration or termination of this Agreement do survive.

7. Copyrights and Trademarks

All content, materials, images, information, software and other items on or accessed directly through this web site (collectively, the “Content”) belong to DOCUWHIZ, its third-party licensors, or clients. Permission is granted to temporarily download one copy of the Content for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • 1. modify or copy the Content;
  • 2. use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
  • 3. attempt to decompile or reverse engineer any software contained on this web site;
  • 4. remove any copyright or other proprietary notations from the Contents; or
  • 5. transfer the Content to another person or “mirror” the Content on any other server.
  • The Content is protected by United States and foreign copyright, trademark and other laws. If you use the Content in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made. All rights not expressly granted are reserved.

8. Communication with You

You agree that we may communicate with you, by email or any other method or contact information you have provided to us.

9. Privacy and Security

You understand and agree that we will handle information as described in the Privacy Policy, as it may be modified from time to time. However, we cannot and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.

10. Limitation of Liability

You agree that neither DocuWhiz, nor any person or company associated with DocuWhiz, including clients or third party suppliers (collectively, the “covered entities”) shall be liable for any damage resulting from your use or inability to use this website or the materials on this website. This protection covers claims based on warranty, contract, tort, strict liability and nay other legal theory. This protection covers all losses and claims of any type including, without limitation, direct or indirect, special or incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, loss of profits, or damages resulting from data or business interruption.

The total aggregate liability of covered entities for losses, damages, or claims of any kind shall be limited to the amount of your actual damages, not to exceed U.S. $1.00 (one dollar). This limitation fairly reflects the fact that DOCUWHIZ does not charge for access to the view the content of the website. The limit of liability may not be effective in some states. In no event shall the covered entities be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the website or materials are excluded even inf the covered entities have been advised of the possibility of such damages.

11. No Warranty

All content on this website is provided to you on an “as-is” as available basis without warranty of any kind either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. DocuWhiz makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through this website. You are responsible for verifying any information before relying on it. Use of the website and content available on the website or linked to the website is at your sole risk. DocuWhiz makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website or from linked websites is free of viruses or similar destructive programs. Some links in the site may let you leave the website. The linked sites are not under the control of DocuWhiz and DocuWhiz is not responsible for the content of any linked site or any link contained in a linked site, and the inclusion of any link does not imply endorsement by DocuWhiz of the linked site. You agree that DocuWhiz shall not be liable for any claim or damages relate dot any loss destruction or alteration of data related to you ruse of the website. The foregoing disclaimer includes but is not limited to reliance by you or any third party on any content or information obtained through the use of the website, or any damage or harm resulting from any mistakes or omissions in or delays in transmission of, information to or from the website, interruptions in telecommunications connections to the website, or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website or related information or programs. Some jurisdictions do not allow some or all of the foregoing exclusion of certain warranties, and therefore some of the foregoing exclusions may not apply to you.

12. Indemnity

You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against any of the Covered Entities alleging or arising from or related to your use of the web site or any breach of these Terms of Use by you. This paragraph survives expiration or termination of your membership, subscription or these Terms of Use.

13. No Agency

You and DocuWhiz are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14. Governing Law and Jurisdiction

You agree that the only proper jurisdiction and venue for any dispute with DocuWhiz or any of the other Covered Entities, or in any way relating to your use of this web site or your relations with DocuWhiz or the Covered Entities, is in the state and federal courts in the State of Nevada, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving DocuWhiz or the Covered Entities. Any claims arising form or related to your use of this web site or relating to your relationship with DocuWhiz or the Covered Entities will be governed by the laws of the State of Nevada, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms of Use or your use of the web site will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. You agree that in the event you have or may have any alleged claim against DocuWhiz or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against DocuWhiz or any Covered Entity.

15. Resolution of Disputes

In the event of a dispute between the parties, the dispute shall be resolved in accordance with the generally and reasonably accepted Dispute Resolution Procedure and each user irrevocably waivers any and all right to trial by jury of any claim or cause of action in any legal proceeding arising out of or related to this agreement.

16. Interference; Misappropriation of Proprietary Information

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose other than to review, post or modify information on the Site solely in accordance with the terms of this User Agreement. You will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. In addition, you agree that this User Agreement, any information provided by DocuWhiz regarding use of the Site, DocuWhizs’ Privacy Policy, and all other documents which may be provided to you by DocuWhiz are the confidential and proprietary property of DocuWhiz, and you shall not distribute, display or otherwise make such materials available to any third party except as may be required by law or otherwise expressly permitted by this User Agreement.

17. When you become a DocuWhiz Client

If you select to change your site user status to subscriber status, your agreement with these Terms and Conditions remain. The subscriber will provide “USER” status to its employees, independent contractors or third parties, hence the term “user” is referred to one who uses DocuWhiz, henceforth, on behalf of its subscriber.

  • 1.
    Authorized Use
    Each use of this Site constitutes a representation and warranty by the user that he or she is properly authorized to use this Site and that his or her use is for a legitimate and lawful purpose and is limited to his or her authorization. In the event, for any reason, a user inadvertently obtains access to the patient health information (hereinafter “PHI”) or other information of a recipient of care (hereinafter a “Care Recipient”) (i) who is not being cared for by the user or the user’s employer or (ii) whose PHI may not otherwise lawfully be accessed by such user, the user shall immediately terminate such access, destroy or delete all PHI of such Care Recipient, whether such information is stored in written, magnetic, electrical, optical, or other form. User agrees to comply with all federal and state laws, rules and regulations regarding the maintenance of the confidentiality of PHI obtained on this Site, including, without limitation, the Health Insurance Portability and Accountability Act of 1996, and the rules and regulations promulgated thereunder, as the same may from time to time be amended (“HIPAA”). In the event of the termination of your employment or of your authority to access and use this Site, you agree that you shall not, under any circumstance, attempt to access or in fact gain access to the Site unless and until your authority to access the Site is restored.
  • 2.
    Medical and Care Information Not Provided by DocuWhiz
    The Site is a conduit for and a compilation of information provided by various users, and the information has not been developed, supplied, reviewed, authenticated, analyzed or evaluated by DocuWhiz. All questions about any information obtained from this Site should be directed to the individual or entity that has posted the information. Nothing contained on this Site is intended to constitute a medical diagnosis or treatment. Nothing on the Site is intended as a validation of the accuracy or completeness of the information posted.
  • 3.
    DocuWhiz is a conduit
    Because we are an information conduit, not an information provider, in the event that you have a dispute with one or more users or any other third party or parties, you agree to release DocuWhiz and any person or company associated with DocuWhiz, including clients or third party suppliers (collectively, the “covered entities” such as but not limited to our officers, directors, agents, subsidiaries, joint ventures, managers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor,” or any similar provision of any other law.
  • 4.
    No Remedy Except Termination
    All information is transmitted over a medium which is beyond the control and jurisdiction of the Site. Accordingly, DocuWhiz has no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site or other sites accessed through the Site. A user’s sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.
  • 5.
    You will be billed for the ceiling of your daily non-discharged and non-deceased Care Recipients, based on a monthly daily metrics logged by DocuWhiz, after your 14-day free trial with a pro-rated amount to the 5th of the upcoming month and thereafter each 5th of every month until you cancel or change your subscription.
  • 6.
    You may terminate your subscription at any time. If you elect to cancel or close your subscription service, you will be able to utilize site until the next and closest 5th of the month. At time of termination, you may download all your data for long term storage at no charge or you may elect to purchase data storage and archival, for a fee, from 1 to 10 years. Archived data will be available for selected number of years through the same subscriber account.
  • 7.
    Subscriber’s Limitation of Liability
    Each subscriber of this Site acknowledges and understands that: (1) DocuWhiz does not input any information about Care Recipients on this Site; (2) disruption of utility service, the need for period maintenance and installation of upgrades, internet based assaults upon this Site (e.g., worms, viruses, etc.) and external causes beyond the control of DocuWhiz may result in this Site not being available 24 hours a day, 7 days a week; and (3) this Site is now in the testing stages and there may be failures that will result in an inability to access the Site or retrieve information from the Site, from time to time. In light of the foregoing, each user of this Site acknowledges and agrees that neither DocuWhiz nor its covered entities will have any liability for negligence or other tort as a result of any failure to access this Site, retrieve information from this Site, or any other matter relating to or arising out of use or attempted use of this Site. Each subscriber of this Site further acknowledges and agrees that DocuWhiz makes no warranties, express or implied, of fitness for a particular purpose, non-infringement, or any other type of warranty with respect to this Site or any information retrieved from this Site. Furthermore, each subscriber acknowledges that, under no circumstances, will DocuWhiz and covered entities have any personal liability in connection with or arising out of this Site, including the use or attempted use of this Site. Each subscriber hereby agrees, for itself and on behalf of any entity which employs or hires the user, to release DocuWhiz and covered entities from any and all liability, whether in tort, contract or otherwise, arising out of or relating to this Site. Each subscriber specifically understands that the foregoing waiver and release is of the essence of this User Agreement and that the subscriber user would not be given access to this Site without consenting to such a waiver and release. In the event any user or third party makes a claim against DocuWhiz or covered entities as a result of such user’s use or attempted use of this Site, said user hereby agrees (on behalf of the user and any entity that hires and/or employs the user) to indemnify and hold DocuWhiz and its Affiliates harmless from and against any and all liability, damage, loss, cost and expense (including attorney’s fees and costs of suit) resulting from such claim.

18. Wireless Features

The Site may offer certain features and services that are available to you via your wireless Internet Device (collectively, Wireless Features). Your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless number (including phone number) and update your Account to reflect the changes.

19. Submission of Feedback

Under certain circumstances, we might ask Users for feedback or ideas as to their experiences with our Site. If you choose to provide us with feedback, you acknowledge and agree (i) that you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas; and (ii) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.

20. Miscellaneous

If any provision of these Terms and Conditions is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision cannot reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Users may not sell, assign, or otherwise transfer any rights under these Terms and Conditions. DW Exchange may assign or transfer its rights and obligations under these Terms and Conditions. Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. These Terms and Conditions, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

21. Comments Invited

The Site is new and we encourage users to contact us regarding any problems, comments and/or suggestions on how to improve it. Please direct your comments and suggestions to our Contact Us page or by email at support@docuwhiz.com.

22. Contact Information

2510 E Sunset Rd STE 5-450, Las Vegas, NV 89120
Tel: (702) 608-7238