PRIVACY POLICY
DOCKTOR’S INSURANCE, INC.
7100 Camino Real, Suite 302-3
Boca Raton, FL 33433
Phone: 954-628-3796
Email: [email protected]
Welcome to a website of Docktor’s Insurance, Inc. located at MyChoicePPO.com (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our web site and hereinafter “You” or “Your”) for visiting Our site and considering Our products and services.
By clicking “Submit” on Facebook You electronically agreed to the terms and conditions of this Privacy Policy (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us. Please do not use this Site if You disagree with any part of this Agreement.
The following policy explains how information about You is used and protected. We want to assure all of Our customers that whenever information is used, it is done with discretion. The safeguarding of customer information is an issue We take seriously.
SURVIVAL OF OBLIGATIONS
The obligations and liabilities of the Parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
USERNAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your Username and Password and that You will not share Your log-in credentials with other parties. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
PERSONAL INFORMATION COLLECTED
Non-Personal Information
When You use Our website, Our servers may automatically collect certain Non-Personal Information such as: Your IP address, Your operating system, or Your browser.
Our Use of Cookies
We may use Cookies to store or retrieve information. Cookies are a small piece of text stored on Your browser which may allow Us to identify You upon return to the website or to remember specific information such as Your display options. Cookies are neither a virus nor spyware. You hereby authorize the use of cookies by Us.
PERSONALLY IDENTIFIABLE INFORMATION (PII)
The Personally identifiable information (PII) We may collect and store is the information that You voluntarily disclose to Us upon registration, including but not limited to; any information that identifies relates to, describes, or is capable of being associated with a particular individual.
Whether or not You submit the following information to Us, PII shall mean any information concerning a natural person which, because of name, number, personal mark, or other identifiers, can be used to identify such natural person; including but not limited to:
No Information Collected from Children
We do not intentionally collect Personal Information from children who are younger than the age majority in Your jurisdiction (i.e. age 18 in all U.S. states except Alabama & Nebraska (19), and District of Columbia & Mississippi (21).)
STORAGE AND SECURITY OF PERSONAL INFORMATION
Data Protection Officer
We have designated a Data Protection Officer (DPO) for Us who has the duty to: Ensure by contract that third parties to whom the company transfers personal information will adequately protect the information and use it only for specified lawful purposes; protect Your personal data using appropriate security measures; notify authorities of personal data breaches; obtain appropriate consents for processing data; keep records detailing data processing; train privacy personnel and employees. Please feel free to contact Our Data Protection Officer by email at [email protected].
Information Storage
We store Your Personal Information on Our computers, and We believe We have reasonable security measures in place including administrative, technical, and physical safeguards that are appropriate for the size and complexity of Our business to protect Your Personal Information including encryption of any Personally Identifiable Information. However, We cannot guarantee that Our security measures will prevent Our computers from being accessed without authorization and Your Personal Information stored on them stolen, deleted, or changed. We assume no responsibility for such unauthorized actions.
You hereby agree that We may store Your data on Our servers located within the U.S. or anywhere in the cloud.
Security Breach Notice
For any unencrypted data that We maintain that includes Personally Identifiable Information, We will notify You of any unencrypted Personally Identifiable Information that was, or is reasonably believed to have been, acquired by an unauthorized person. In the unlikely event that We do have a data breach, We will be contacting Your state’s office of the Attorney General to report the breach and follow their instructions concerning communication with You and the repair that is required.
When the time comes to dispose of Customer Records; We will shred, erase or otherwise modify the personal information when disposing of Customer Records under Our control.
HOW WE USE YOUR INFORMATION
We may use Your Personal Information for any legal purpose in Our sole discretion, including but not limited to; membership, registration, log-in, or order fulfillment purposes. We may also use Your Personal Information to contact You by phone, U.S. mail, texts, SMS text, chatbot, or email.
DISSEMINATION OF INDIVIDUAL INFORMATION
We may transfer Personal Information to third parties for order fulfillment, to respond to Legal Processes or governmental requests for information, or for any other legal purpose.
Further, in the event that a third party legally acquires this website, we may transfer your PII to the acquiring party.
DO NOT TRACK REQUESTS
While Your browser may contain a “do not track” signal or other mechanisms that provides You the ability to exercise choice regarding the collection of personally identifiable information or about Your Internet activities over time and across third-party sites or online services, Our systems are not set up to accommodate Your browser’s request.
TRADEMARKS
We hereby claim MyChoicePPO TM and the MyChoicePPO logoTM, to be trademarks of Our Company
COPYRIGHT
All content included in Our websites, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Docktor’s Insurance, Inc. and is protected by U.S. copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on Our website is Our exclusive property and protected by U.S. copyright laws. Any use of such content, including the reproduction, modification, distribution, transmission, republication, or display, of the content of Our website is strictly prohibited.
WARRANTIES
THE MATERIAL DISPLAYED ON THIS WEBSITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS, OR WARRANTIES AS TO ITS ACCURACY. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR SUPPLIERS, CONTENT PROVIDERS, AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE LINKED WEBSITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF OUR PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. OUR PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FURTHERMORE, IF A THIRD PARTY SHALL SURREPTITIOUSLY ENTER OUR SITE THROUGH THE USE OF A MEMBER’S LOG-IN OR OTHERWISE, THEY WILL HAVE NO RIGHT OF STANDING IN ANY ACTION AGAINST US.
INDEMNIFICATION
You hereby warrant that You will not use the information provided by Us in violation of any International, Local, State, or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of International, Local, Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
FORCE MAJEURE
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire, or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel, or utilities or for any other cause beyond Our control.
ASSIGNMENT
You may not assign the rights or obligations under this Agreement.
ENTIRE AGREEMENT
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
DISPUTES
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at [email protected] prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or any other disagreement between the Parties shall be settled under the laws of the state of Florida by arbitration administered in Boca Raton, Florida by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If You wish to pursue arbitration, We will pay one-half the filing fee at the time of filing, subject to the arbitrator’s final decision on the costs of arbitration.
SEVERABILITY
If any provision, or portion thereof, of this Agreement, is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
SPECIAL INFORMATION FOR NEVADA RESIDENTS
If You are a resident of the state of Nevada and a customer of Ours, You have the right to opt-out of any “sale” of Your Personal Information. Simply write Us an email at [email protected]. We will remove Your Personal Information with-in 60 days and confirm this removal to You before any sale of Personal Information is made.
PRIVACY POLICY UPDATES FOR THE WEBSITE
This Agreement is effective as of May 17, 2024. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Privacy Policy either by email or by a conspicuous posting on Our Website.