Terms of Service
Last modified: January 15, 2016
Thank you for using DohJe!
DohJe's products and services are provided by DohJe, Inc. These Terms of Use ("Terms") govern your access to and use of DohJe's website, products, and services ("Services"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.
Using DohJe
Who can use DohJe
You may use our Service only if you can form a binding contract with DohJe, and only in compliance with these Terms and all applicable laws. When you create your DohJe account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited.
Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.
Your DohJe Note Content
DohJe allows the sending of content, including photos and comments, between account owners and the public. Anything that you send using our Services is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you send through DohJe.
Care providers should respond in a general, HIPAA-compliant way, which means you should not provide any Personal Health Information when replying to a DohJe Note.
We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Following termination or deactivation of your account, or if you remove any User Content from DohJe, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Selecting the checkbox “My gratitude can be used to inspire others” means that the content of your DohJe Note can be shared publicly, including but not limited to, verbally, on facility displays, in print, in social media.
Prohibited Uses
You cannot use DohJe to attempt to bribe or secure preferential treatment from an account owner or healthcare facility or administrator in any way. DohJe is only for showing gratitude to account owners.
You cannot use DohJe to elicit tips or any other reward as an account owner. Using our Services is a choice made by an individual. DohJe is only for receiving authentic gratitude from the public.
Additionally, you agree not to use DohJe Services for any purpose that is unlawful or prohibited by these Terms or any other purpose not reasonably intended by DohJe. By way of example only, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate DohJe account owners or anyone else;
- to transmit any User Content that is infringing, libelous, defamatory, obscene, abusive, offensive, profane or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose;
- to transmit any communication or solicitation designed or intended to obtain password, account or private information from any DohJe account owner;
- to create or submit unwanted email to any DohJe account owner or any URL;
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the DohJe Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the DohJe Site.
Feedback you provide
We value hearing from our users, and are always interested in improving DohJe. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, DohJe does not waive any rights to use similar or related Feedback previously known to DohJe, or developed by its employees, or obtained from sources other than you.
Security
As an account owner, you may receive a password and account either when you register yourself or when registered by your facility. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. DohJe is not liable for any loss or damage arising from your failure to comply.
As a caregiver, you may receive a password and account either when you register yourself or when registered by your facility. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. DohJe is not liable for any loss or damage arising from your failure to comply.
Termination
DohJe may terminate or suspend this license at any time, with or without cause or notice to you.
Indemnity
You agree to indemnify and hold harmless DohJe and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Services, (b) your User Content, or (c) your breach of any of these Terms.
Limitation of Liability
We are building the best service we can for you but we can't promise it will be perfect. Contact us if you have any issue.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in San Mateo, California or the United States District Court for the Northern District of California, for any actions not subject to Section 10 (Arbitration). Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
General Terms
Notification Procedures and changes to these Terms. DohJe reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DohJe without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with DohJe in connection with the Services, shall constitute the entire agreement between you and DohJe concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and DohJe's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.What these three paragraphs mean: They ensure that a deal is a deal when you're using a site, including DohJe.
Disclaimers
Here at DohJe, we’re trying to do the right thing. We hope you will, too.