TERMS OF USAGE
Introduction
These Website Standard Terms and Conditions written on this webpage shall govern your use of this website, PocketDoc Clinic accessible at https://pocketdoc.clinic
These Terms will be applied fully and effect your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions and must leave the site immediately.
Prohibition of Use by EU Users
1.1 Geographic Restriction: The Website is not intended for use by individuals, entities, or organizations located in, residing in, or subject to the jurisdiction of the European Union (EU) or the European Economic Area (EEA) (collectively, "EU Users"). By accessing the Website, you represent and warrant that you are not an EU User and are not accessing the Website from within the EU or EEA and are not under the jurisdiction of the EU or EEA.
1.2 Compliance with EU Laws: Due to the complexities of EU legislation, including but not limited to the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), the Digital Services Act (DSA) (Regulation (EU) 2022/2065), the Digital Markets Act (DMA) (Regulation (EU) 2022/1925), and the Artificial Intelligence Act (AI Act) (Regulation (EU) 2024/1689) and other EU regulations, we explicitly prohibit EU Users from accessing or using the Website. Any attempt by an EU User to access the Website is a violation of these Terms.
1.3 Geo-Blocking Measures: We may implement technical measures, such as IP address-based geo-blocking, to prevent access from EU or EEA territories. You agree not to circumvent or attempt to circumvent these measures, including through the use of virtual private networks (VPNs) or other anonymizing technologies.
1.4 Consequences of Violation: If we determine, in our sole discretion, that you are an EU User or are accessing the Website from the EU or EEA, we reserve the right to terminate your access immediately, without notice, and to pursue any legal remedies available under applicable law.
2. Eligibility
2.1 General Eligibility: To use the Website, you must be of legal age in your country and have the legal capacity to enter into a binding agreement under the laws of your jurisdiction.
2.2 Non-EU Jurisdiction: You must be located in a jurisdiction outside the EU or EEA and not subject to EU law. You are responsible for ensuring that your use of the Website complies with all applicable local, state, national, and international laws.
3. Scope of Services
3.1 The Website provides general information for consumption by authorized users. We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice.
3.2 The Website is provided on an "as-is" and "as-available" basis. We make no warranties regarding the availability, accuracy, or reliability of the Website.
4. User Conduct
4.1 Acceptable Use: You agree to use the Website only for lawful purposes and in accordance with these Terms. You shall not:
• Use the Website in any way that violates applicable laws or regulations.
• Attempt to access the Website if you are an EU User or located in the EU or EEA.
• Engage in any activity that interferes with or disrupts the Website, including hacking, distributing malware, or attempting to bypass security measures.
• Post or transmit content that is unlawful, defamatory, obscene, or infringes on the rights of others.
4.2 Content Responsibility: If the Website allows user-generated content, you are solely responsible for any content you post. We reserve the right to remove or moderate content that violates these Terms or is otherwise objectionable.
5. Intellectual Property
5.1 Ownership: All content, trademarks, logos, and other intellectual property on the Website are owned by us or our licensors. You may not use, reproduce, or distribute any content from the Website without our prior written consent.
5.2 Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes.
6. Privacy and Data Protection
6.1 Privacy Policy: Your use of the Website is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
6.2 No EU Data Processing: We do not knowingly collect, process, or store personal data from EU Users. If you are an EU User, you must not provide any personal data through the Website. Any personal data provided by an EU User will be deleted immediately upon discovery.
6.3 Compliance with Non-EU Laws: We comply with applicable U.S. data protection laws, but do not comply with EU data protection laws, including the GDPR, as the Website is not intended for EU Users.
7. Payments and Transactions
7.1 Payment Terms: If the Website offers paid services or products, all payments must comply with our payment terms and applicable laws. We use third-party payment processors, and you agree to their terms and conditions.
7.2 EU Payment Regulations: We do not comply with EU payment directives, such as PSD2 (Directive (EU) 2015/2366), as the Website is not intended for EU Users. Any attempt to make payments from an EU-based account is a violation of these Terms.
8. Use of Artificial Intelligence
8.1 AI Systems: If the Website employs AI systems (as defined by the EU AI Act, Art. 3(1), as machine-based systems operating with autonomy to generate outputs influencing physical or virtual environments), such systems are not intended for use by EU Users or in the EU market.
8.2 Non-Compliance with EU AI Act: The Website does not comply with the EU AI Act, which imposes obligations on providers and deployers of AI systems, including risk assessments, transparency requirements, and conformity assessments for high-risk AI systems. By prohibiting EU Users, we ensure the AI Act’s extraterritorial provisions (Art. 2(1)) do not apply, as the Website is neither offered in the EU market nor produces outputs used in the EU.
8.3 Prohibited AI Practices: We do not engage in AI practices banned by the AI Act (effective February 2, 2025), such as cognitive behavioral manipulation or social scoring, in any jurisdiction. However, we do not undertake AI Act-specific compliance measures (e.g., transparency for generative AI or risk management for high-risk systems), as the Website is not subject to EU jurisdiction.
9. Dispute Resolution and Governing Law
9.1 Governing Law: These Terms and any disputes arising out of or relating to the Website shall be governed by the laws of Colorado, USA, without regard to its conflict of law principles. se Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Website.
9.2 Jurisdiction: You agree to submit to the exclusive jurisdiction of the state and federal courts located in [insert location, e.g., Wilmington, Delaware, USA] for any disputes arising under these Terms. You waive any objection to venue or jurisdiction in such courts.
9.3 No EU Jurisdiction: By using the Website, you agree that no EU court, tribunal, or regulatory authority, including those enforcing the AI Act, has jurisdiction over any disputes related to the Website. Any attempt to bring a claim in an EU court is a violation of these Terms.
9.4 Arbitration: Any disputes shall be resolved through binding arbitration in accordance with the rules of the [American Arbitration Association] in Colorado.
10. Limitation of Liability
10.1 To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website, including but not limited to damages for loss of profits, data, or goodwill.
10.2 Our total liability for any claim arising under these Terms shall not exceed $100 or the amount you paid to us in the preceding 12 months, whichever is less.
11. Indemnification
You agree to indemnify, defend, and hold harmless Infergy, Inc., its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms or your use of the Website.
12. Termination
12.1 We may terminate or suspend your access to the Website at any time, without notice, for any reason, including if we believe you are an EU User or have violated these Terms.
12.2 Upon termination, your right to access the Website ceases immediately, and you must destroy any copies of Website content in your possession.
13. Miscellaneous
13.1 Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Website.
13.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.3 No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 Assignment: We may assign these Terms or any rights hereunder without notice. You may not assign these Terms without our prior written consent.
13.5 Updates to Terms: We may update these Terms from time to time. The updated Terms will be posted on the Website with a new effective date. Your continued use of the Website after the effective date constitutes acceptance of the updated Terms.
If you have questions about these Terms of Usage you may contact us through the contact form or by postal mail at: Infergy, Inc., PO Box 40445, Grand Junction, CO 81504
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