CollabMatch Terms and Conditions of Use

Welcome to CollabMatch! Our mission is to provide a two-sided marketplace for medical providers seeking collaborating physicians to connect with physicians who enjoy serving as collaborating physicians.

These Terms and Conditions of Use (“Terms”) are a contract between CollabMatch, LLC (“CollabMatch” or “App”) and you, the App user (“You” or “User”). The Terms are in effect at any time you access, view or use the CollabMatch App, website, communications, products and services (together, the “Services”). These Terms are applicable to all Users including those who register for a free collaboration profile.

Important Notice re Arbitration: By agreeing to these Terms, you also agree to resolve all disputes with CollabMatch through individual arbitration. Please read Section 10 for important details regarding this arbitration provision.

1. REGISTERING WITH COLLABMATCH

To use the Services, you must be at least 18 years of age and a licensed medical provider. These Terms create a legal contract that will remain in place and renew automatically for consecutive monthly periods until termination by CollabMatch or you delete your User account.

2. CONTACTING YOU

By using the CollabMatch Services you expressly consent that CollabMatch can send you communications, emails, call you, text you and send you notifications at the numbers or emails you have provided either on our behalf or on behalf of CollabMatch representatives, contractors or third-party service providers and that the messages may be live or pre-recorded. If we send you SMS/text messages, you understand and agree that message and data rates may apply and that you can opt-out at any time by sending a “Stop” or an “Unsubscribe” message from your SMS enabled device.

3. COLLABMATCH CONTENT

Registering for an account gives you access to the CollabMatch database of collaborating physicians. CollabMatch cannot guarantee Users will find a match, but we can guarantee that the physicians in the App have unencumbered medical licenses when their physician profile is created.

As a User you are required to notify CollabMatch that you have matched with a physician who is listed in the CollabMatch App – this lets us help more users find great matches!

All content on the App, including physicians contact information, graphics, designs and processes are the intellectual property of CollabMatch. The CollabMatch Services, trademark(s), logo(s)s and product(s) and feature(s) are protected by applicable laws, including U.S. intellectual property laws and cannot be copied, shared, sold or downloaded unless you have the right to do so. Using the App or Services does not grant you any right, title, or interest in any of the Services or property. CollabMatch reserves the right to modify, suspend or discontinue some or all of the Services at any time without notice or liability to Users.

You may not: (i) copy, modify, translate, or create derivative works of the Services; (ii) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the App; (iii) lend, lease, offer for sale, sell or otherwise use the Services for the benefit of any third party or provide any third party with access to the Service; (iv) attempt to disrupt the integrity or performance of the App; (v) attempt to gain unauthorized access to the App or its related systems or networks; (vi) use the Services in a manner that violates these Terms, any third-party rights or any applicable laws, or rules or regulations; or (vii) access the Services to build a competitive product or services or copy any ideas, features, functions, or graphics of the Services.  You may not access, tamper with, or use non-public areas of the App or our systems.

You hereby grant CollabMatch a perpetual and irrevocable license to use any comments, feedback or suggestions that you give related to the Services to provide and improve the Services without any compensation or credit.

4. PAYMENT TERMS

In order to access and use the Services you will have to register for an account and pay a Monthly Fee (plus any taxes if applicable). By signing up for the Services you are authorizing CollabMatch to process a monthly payment using the payment information you provide until such time as you cancel. The amount we charge you to access our Services may change from time to time at our sole discretion upon written notice to you.

If CollabMatch is unable to process your payment, the amount owed will accrue interest at the rate of three (3.0%) of the outstanding balance per month, or the maximum rate permitted by law, whichever is higher, from the date such payment was due until the date paid.

5. DELETING YOUR ACCOUNT

To delete your CollabMatch User account you must submit a deletion request via the CollabMatch website. When the deletion request is processed, whatever information we have that is associated with your User account will be handled in accordance with the CollabMatch Privacy Policy. All payments are nonrefundable and CollabMatch cannot issue credits of any kind. All access and licenses to the Services will automatically terminate upon you submitting an account deletion request.

If you are a User located in AZ, CA, CO, CT, IL, IO, MN, NY, NC, OH, RI or WI, YOU MAY CANCEL YOUR ACCOUNT WITH NO PENALTY OR OBLIGATION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT THAT YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DEATH. IN THE EVENT THAT YOU BECOME DISABLED BEFORE THE END OF THE PERIOD OF TIME YOU CAN ACCESS THE SERVICES, YOU ARE ENTITLED TO A REFUND FOR THE PORTION OF THE PAYMENT YOU MADE WHEN YOU CREATED THE ACCOUNT.

6. PRIVACY

When you register for an account with CollabMatch you may be asked to participate in an identity verification process with a third-party vendor. If you have any questions about their privacy practices, we recommend you refer to their website at https://www.idanalyzer.com/.

You also agree that any communications between CollabMatch (or our agents and affiliates) can be recorded for quality control or training purposes and may be used to provide or to improve the Services. You acknowledge and agree that we may collect and use your data and information in accordance with the CollabMatch Privacy Policy – if you have any questions regarding our privacy policies, please contact us at legal@collabmatch.com.

7. DISCLAIMERS

CollabMatch does not and cannot guarantee that the Services will be of a certain quality or type or that Users will find a physician match.

THE COLLABMATCH APP AND SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ANY WARRANT Y OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF A PHYSICIAN MATCH AND YOU USE THE APP AT YOUR OWN RISK.

8. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT FOR USER’S PAYMENT OBLIGATIONS UNDER SECTION 4, (I) IN NO EVENT WILL COLLABMATCH’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL MONTHLY FEES PAID BY USER TO COLLABMATCH; AND (II) IN NO EVENT WILL COLLABMATCH HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, DATA OR OTHER BUSINESS OPPORTUNITIES), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  USER AGREES THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT.

9. INDEMNITY

Except for an unconscionable commercial practice or fraud, User agrees to indemnify, defend, release, and hold CollabMatch, its partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with (a) User’s negligent acts, omissions or willful misconduct; (b) User’s access to and use of the CollabMatch App; (c) User’s breach of these Terms; or (d) User’s violation of any third-party right, law or regulation.

10. DISPUTES

This is an agreement to arbitrate and limits the manner in which you can seek legal relief.

All CollabMatch Users agree that any dispute, claim or controversy arising out of or relating to these Terms or the CollabMatch App, or the breach, termination, enforcement, interpretation, or validity of the same, including any dispute relating to this arbitration provision (except for injunctive relief) must be resolved through final and binding individual arbitration by a single arbitrator and not in a class, representative, or consolidated action or proceeding. The arbitration will be under the American Arbitration Association’s rules for Consumer Arbitrations and will take place in Arlington County, Virginia unless CollabMatch agrees, in writing, to hold the arbitration in another location. You also agree that disputes may only be resolved on an individual basis and NOT ON A CLASS OR COLLECTIVE BASIS. Each party to these Terms will pay its own costs unless the arbitrator rules otherwise.

Your agreement to this arbitration provision shall survive termination of these Terms; if you wish to opt-out of this arbitration provision, you must do so by sending a notice of the same to CollabMatch within 31 days of these Terms first going into effect by sending an email to: legal@collabmatch.com. An opt-out notice must include your name, the email address and/or phone number you used to set up your CollabMatch account and must include a clear and unequivocal statement that you want to opt out of this arbitration provision. Opting out of the arbitration provision will have no effect on the validity or enforcement of the other provisions in these Terms or any other agreements between you and CollabMatch.

11. YOUR RESPONSIBILITIES

CollabMatch reserves the right at its sole discretion to terminate or suspend any User, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce these Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give Users any prior notice.

Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend a User account without notice (a) for any violation of these Terms or a CollabMatch policy; or (b) for any reason whatsoever that we determine, at our sole discretion, merits termination of your CollabMatch User account. No refund or credit will be owed for an account that is terminated.

12. OTHER

Notices. All notices, demands, and/or other communications which may be or are required to be given under these Terms must be made in writing and must be submitted in writing by e-mail to CollabMatch at legal@collabmatch.com.

Severability. If any provision in these Terms is found to illegal, invalid, or unenforceable under present or future laws in effect, such provision shall be fully severable and the remainder of these Terms shall be construed and enforced as if the illegal, invalid, unenforceable provision had never comprised a part of the same.

Headings. Section and subsection headings are for convenience only. Where appropriate, words used in these Terms in the singular shall include the plural and words used in any gender shall include all genders.

Changes to these Terms. CollabMatch reserves the right to change or modify these Terms at any time. If changes are made, the same will be indicated via an Effective Date reference on this page. User’s continued use of the App or the Services after a change to the Terms constitutes acceptance of such changes.