The Healow website and its various interfaces, including the website available over the internet and any other current or future mobile access or applications (the "Site"), is owned and operated by Healow, LLC, a Delaware Limited Liability Company ("Healow"). The Site's purpose is to provide a secure network that will assist patients in managing their medical records, prescriptions, doctors' appointments and other healthcare related items from their computers, mobile phones or tablets to assist them in obtaining improved quality, safety, and efficiency of care. The Site will interact with other websites, applications and portals owned and operated by Healow or its affiliates (the "Affiliated Sites").
This Terms of Use Agreement ("Terms of Use" or "Agreement") defines the terms and conditions under which Healow makes the Site available. BY USING THE SITE AND/OR DOWNLOADING ANY APPLICATIONS RELATED TO THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR ANY PART THEREOF.
These Terms of Use are a legally binding agreement made by and between Healow and you (whether you are joining for yourself or on behalf of a minor or a person to whom you are a caregiver) ("You" and as the context provides, "Your" and "Yourself"). These Terms of Use govern Your access and/or use of the Site and You should read them carefully. This Terms of Use Agreement shall remain in effect at all times until You cease using the Site and/or delete the any applications related to the Site from Your mobile device. BY REGISTERING FOR ACCESS, ACCESSING, OR USING THE SITE OR ANY RELATED APPLICATIONS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE OR ANY RELATED APPLICATIONS.
Healow reserves the right, at its sole discretion, to make changes to portions or all of these Terms of Use and the Privacy Policy at any time. You are responsible for checking these Terms of Use and the Privacy Policy periodically for changes. Your continued use of the Site means that You agree to any new or modified provision of these Terms of Use or the Privacy Policy accessible through the Site.
Content and Intellectual Property Information:
eClinicalWorks®, eClinicalWorks P2P®, eClinicalWeb®, eClinicalMessenger®, eClinicalMobile®, eBO®, Electronic Health eXchange®, eEHX® and Improving Healthcare Together® are federally-registered service marks of eClinicalWorks, LLC ("ECW") or Healow. ECW or Healow also owns the common law rights in these marks and in the marks Join The NetworkTM, HealowTM, P2POpenTM, eClinicalWorks ScribeTM, eClinicalCareTM, eClinicalTouchTM, eClinicalWorks Care Coordination PortalTM, eClinicalWorks Care Coordination Medical RecordTM, eClinicalWorks Community AnalyticsTM, iClinicalPadTM, 100 Million PatientsTM, and the stylized eClinicalWorksTM hexagon mark. These marks may not be used without permission. Any third party trademark(s) that may appear on or in connection with the Site are the property of their respective owner(s).
The Site's proprietary contents include, without limitation, the animations, applets, audio, data, design, graphics, illustrations, images, information, marks, music, photographs, text, video, and any other files displayed, used and/or available on or through the Site (the "Content"), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content. The Site's Content is owned, controlled or licensed by or to Healow, and is protected by copyright, trade dress, trademark and other intellectual property rights and unfair competition laws. Healow reserves all rights, title, and interests in the Content and the Site.
Except as expressly provided in these Terms of Use or by Healow's express written consent, no part of the Site and no Content may be copied, distributed, encoded, posted, publicly displayed, published, republished, reproduced, translated, or uploaded, in any manner.
Digital Millennium Copyright Notice and Other Reports of Infringement
:
Damon J. Whitaker, Esq.
Bryan Cave LLP
1201 West Peachtree St., NW
14th Floor
Atlanta, Georgia 30309
404-572-6913 (telephone)
404-420-0913 (facsimile)
damon.whitaker@bryancave.com
Access and Use of the Site:
The Site is intended to be used by individuals whose physicians are provided services from Healow and all other individuals who wish to use the Site's functionality in connection with their medical care and wellbeing. To begin use of the Site, You will be asked to provide information about Yourself (or the person on whose behalf You are downloading the Site). If You are under 18 years old, please discuss with Your physician whether You should use and download the Site. To use the Site, You must be a resident of the 50 States of the United States of America, exclusive of its commonwealths, territories and possessions. When You download and begin using the Site, You will be required to provide Healow with information relating to Your identity and certain other information, including Your email address. By submitting such information to Healow, You hereby certify that any and all information provided to Healow by You is true and correct and You authorize Healow to use any method it chooses to verify the truth and accuracy of the information that You provide to the extent Healow needs to do so to protect its rights or other users of the Site or the Sites. Failure to provide truthful and accurate information to Healow may result in termination of Your access to the functionality of the Site.
The Site requires a valid, working e-mail address and other information to initially set up Your access to the Site and Your use of its functionality. Additionally, You will be required to create a username, password and/or PIN number to securely access the Site. Current users of certain of the Sites may be allowed to use their current log-in credentials to access the Site and all users may have the ability to "link" all of their various accounts together through the Site and any Affiliated Sites. You are solely responsible for maintaining the strict confidentiality of the username, password and/or PIN You use to access the Site. This responsibility includes not allowing another person to use Your credentials to access the Site. You will be solely responsible for any damages or losses that may be incurred or suffered as a result of Your failure to maintain the strict confidentiality of Your username and password. You should immediately inform Healow in writing of any need to deactivate Your account due to potential or actual security concerns. Healow will not be liable for any harm related to the misappropriation of Your username and password, Your intentional or negligent disclosure of such items to another person, or Your authorization to allow another person or entity to access and use the Site under Your log-in credentials.
Healow uses the means it believes are reasonable to provide access to the Site 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond Healow's control and subject to any breakdowns or maintenance operations required for the smooth operation of the Site. Healow shall not be liable for any failure or deficiency in the performance of the Site for any reason whether such reason be maintenance, breakdown or any event beyond Healow's reasonable control including, without limitation, fire, Internet outage, interruption of service, labor disturbance, natural disaster, technological disaster, terrorism, or war.
You acknowledge that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Healow shall not be liable for any such errors, omissions, delays, or losses. You understand and agree that use of or connection to the Internet through the Site is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Site and the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Healow shall not be responsible for any adverse consequences whatsoever of Your connection to or use of the Site and the Internet, and shall not be responsible for any use by You of an Internet connection in violation of any law, or any violation of the intellectual property rights of another.
Medical Disclaimers; Doctor/Patient Relations; Provider Information:
Any Content available on or through the Site is for informational and educational purposes only and is not a substitute for the
professional judgment of a health care professional in diagnosing and treating patients. Neither the Content nor any other service
offered by or through the Site is intended to be substituted for medical diagnosis or treatment. Healow does not recommend or
endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that
may be mentioned on the Site. Your reliance upon any information obtained or used by You is solely at Your own risk. Healow is not
responsible for the accuracy of any information or content provided or sent by You or other users of the Site, including Your physician.
You are responsible for verifying the accuracy of any information You send or receive through the Site, including any of Your patient
health information, data, or records.
If You have an emergency,
DO NOT USE THE Site to contact Your physician.
Immediately call 911 and request emergency care assistance
.
Use of the Site and/or any information or Content that is included on the Site is not intended to and will not create any Doctor/Patient relationship of any kind – this shall be true whether a user is utilizing the provider location services of the Site, links to Affiliated Sites or other websites and any other manner in which the Site may assist a user in locating a medical professional.
Healow shall not be liable in any way to You for any decision You make or any actions that occur in connection with the use of the Site in locating and/or starting a relationship with a medical professional. Healow has no control over, and cannot guarantee the availability of any provider that is a part of the Site at any particular time. Healow will not be liable or responsible in any way for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site whatsoever.
You are strongly advised to perform an independent investigation prior to selecting a health care professional by making telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor or other health care provider (each, a "Provider") by confirming with the Provider's office, your current Provider, the medical association relative to the Provider's specialty and your state medical board.
In connection with using the Site to locate and schedule appointments with medical professionals, you understand that You are responsible for choosing to begin a relationship with any Provider.
Providers listed on the Site may have a contractual relationship with Healow and/or pay a fee to appear on the Site.
The Site will provide you with lists and/or profile previews of Providers who may be suitable to deliver the health care that you are seeking based on information you provide to the Site. In connection with this process, Healow (i) does not recommend or endorse any particular Provider, and (ii) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide.
Healow uses reasonable efforts to ensure that Providers that are part of the Site hold active medical licenses and all certifications necessary to practice any specialty of the services offered by them to patients.
Healow makes the Site available as a service to consumers and Providers for the purposes of providing an informative and educational resource. Healow may, but have no obligation to, have Content posted on the Site reviewed by Site personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Content is not guaranteed. Neither the authors (whether users of the Site or not), Healow, nor any other party who has been involved in the preparation or publication of any Content can assure you that such Content is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Content.
You are encouraged to independently confirm the Content contained herein with other sources and to seek the advice of a qualified physician.
The Provider and/or practice information that appears on the Site is intended for general reference purposes only. Such information found on the Site is both self-reported, by the Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor Healow provides any advice or qualification certification about any particular Provider. Our relationship with Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.
The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Compliance with Laws; Transmission of Data:
With respect to its operation of the Site, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the regulations promulgated thereunder, and (ii) the Health Information Technology for Economic and Clinical Health Act (HITECH) and any regulations promulgated thereunder (collectively, the "Privacy Laws"), Healow will fully comply with the Privacy Laws and maintain the confidentiality of any Protected Health Information (as defined by the Privacy Laws) ("PHI") transmitted or made available through the functionality of the Site or the Affiliated Sites, and in accordance with such compliance, Healow will, among other things:
a.
Not use or further disclose PHI other than as permitted or required by the Privacy Laws and/or as You have agreed otherwise;
b.
Use reasonable and appropriate safeguards to prevent the unauthorized use or disclosure of PHI;
c.
Require that any agent, including a subcontractor to whom Healow provides PHI in any format received from, or created or
received within or through the Site or the Affiliated Sites, agrees in writing to comply with the Privacy Laws; and
d.
Mitigate, to the extent practicable, the harmful effect of any unauthorized use or disclosure of PHI.
You
understand and agree that these Terms of Use may be amended from time to time if necessary to comply with the Privacy Laws.
The requirements of this Section will survive the termination of Your use of the Site.
When You use the Site to upload and transmit PHI, You agree that, to the extent applicable, You shall comply with all applicable State and Federal laws including, but not limited to, the Privacy Laws. You represent and warrant that You will, at all times, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that Healow, and all other persons or entities involved in the operation of the Site, have the right to monitor, retrieve, store, review and use PHI, if applicable, in connection with the transmission of any PHI.
To the extent permissible under the Privacy Laws and any other applicable Federal and State laws, You hereby grant to Healow a perpetual, unlimited license to use the data and information that is compiled or passes through the Site that specifically relates to Your, Your patient care, Your physician procedures or diagnoses, and any related information (collectively, the "Client Data"), in a de-identified format as defined under the Privacy Laws for data benchmarking, sharing, warehousing, resource utilization and similar data analysis services; provided, however, that Healow shall comply with the Privacy Laws in connection with any such actions.
HEALOW CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE WHETHER TO A PROVIDER LOCATED USING THE SITE OR OTHERWISE. HEALOW RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE YOUR MEMBERSHIP OR RESTRICT YOUR ACCESS TO THE SITE) THAT IN HEALOW'S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.
Prohibited Conduct
:
You may only use the Site for lawful purposes. In Your access and use of the Site, You agree that You will not: (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of Healow or any third party; (ii) abuse, defame, harass, or stalk any individual or other user of the Site; (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Site or the proper working of the Site, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (iv) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (v) misrepresent Your identity, provide false information, impersonate another person or entity, misrepresent Your affiliation with a person or entity, including, without limitation, Healow, create or use a false identity, or attempt to use another user's account; (vi) attempt to obtain unauthorized access to any website through the Site; (vii) engage, directly or indirectly, in transmission of chain letters, junk mail, spam, or any other type of unsolicited solicitation; (viii) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users of the Site without their express consent or other information relating to the Site; (ix) use any meta tags or any other hidden text utilizing the Healow name, service marks, trademarks, or product or service names; (x) advertise, offer to sell, or sell any goods or services set forth in the Site or otherwise use the Site to solicit other users, except as expressly permitted by Healow; (xi) engage in any activity that interferes with any third party's ability to use or enjoy the Site; (xii) probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (xiii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Healow's systems or networks, or any systems or networks connected to the Site or Healow; or (xiv) assist any third party in engaging in any activity prohibited by these Terms of Use.
Communication of Other Information To and On the Site
:
The Site may at some point contain features that allow You to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents, or other files that are then accessed by other Site users or through a Site (a "Posting"). If such functionality becomes available, You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying the Site or any Affiliated Site, in whole or in part; (ii) is abusive, defamatory, inaccurate, indecent, false, libelous, misleading, obscene, offensive, pornographic, profane, threatening, sexually explicit, vulgar, or unlawful in any manner; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.
By submitting or authorizing any Posting, You are granting Healow a perpetual, worldwide, royalty-free, exclusive, sublicenseable and irrevocable right and license to use, copy, reproduce, distribute, perform and display such Posting (and any information contained therein) and derivative works thereof, in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with Healow's applicable obligations set forth elsewhere in these Terms of Use. You hereby irrevocably waive any claims based on moral rights or similar doctrines and theories, and also based on right of privacy, misappropriation, right of publicity, unfair competition and similar doctrines, theories and torts.
You acknowledge that Healow will not pre-screen Postings, but that Healow and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit, disable or remove, any Posting that is available via the Site or the Affiliated Sites. By way of example and without limiting the foregoing, Healow and its designees may edit, disable, remove, or restrict access to or the availability of, any Posting that violates these Terms of Use or is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. You must evaluate and bear all risks associated with the use of any Postings, including any reliance on the accuracy, completeness, or usefulness of such Postings. Healow assumes no liability for use of any Posting by any third party.
Ads; Communications with Users; Links To Third Parties:
The Site may include sponsored advertising and You hereby agree and understand that by downloading and using the Site, you consent to the presence of sponsored ads and services on the Site, which advertising will be placed at Healow's sole discretion. Such ads may be placed vertically on the left or right side, or horizontally on the bottom, of any displayed page on the Site. Sponsored ads shall at all times be clearly delineated from other content on the Site through the use of boxes surrounding the advertisement, a different colored background or other similar means and shall contain a header with the words similar to "Advertisement or Sponsorship".
In addition to the foregoing advertising, Healow, through the Site or the contact information You have provided, may contact You regarding certain offers, products or services of Healow or other of its partners that Healow believes may be beneficial to You. You understand and agree that Healow may contact You in this manner. You may also be asked to grant an authorization for (i) Healow to use Your PHI in connection with its business partners and the advertising, offers, products or services that may be directed to You, and (ii) Healow to "push" notifications to You through Your mobile device. You may decide to authorize Healow to act in these manners by accepting such terms in the process of downloading and signing up for the Site. You will also have the authority to opt out of such use at any time by contacting Healow.
The Site may also contain links to the websites of Healow partners, advertisers or unrelated third party companies or links to other mobile websites (collectively, "Linked Sites").
Healow does not own and has no control over the Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Sites. Healow does not endorse any Linked Site, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that Healow has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. Healow accepts no liability for any direct or indirect damage that may result from Your visit to a Linked Site, or from Your use of the contents, products or services of these websites or their owners or operators.
You acknowledge and agree that Healow shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, Your access and use of any Linked Site shall be solely at Your own risk. If You have any questions or concerns regarding any Linked Site, You should review any terms and conditions and privacy policy maintained by that Linked Site, or contact the applicable party or their website administrator.
Privacy:
The Site's Privacy Policy applies to use of the Site, its terms are hereby incorporated and made a part of these Terms of Use, and it can be accessed through the Site.
Your Representations, Warranties, and Indemnification to Healow :
You represent, warrant and covenant to Healow that: (i) You have the full power and authority to enter into and perform Your obligations under these Terms of Use; (ii) Your assent to, and performance of, Your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable Federal or State laws; (iii) You are able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on You, enforceable in accordance with their terms; (iv) You will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right of Healow or any third party in Your use of the Site or any Affiliated Site; (v) You have provided complete, truthful and accurate information about Yourself for purposes of downloading, joining and using the Site; (vi) You are not using, and will not use, the Site, any Affiliated Site, or any information contained therein for any improper, harassing, or unlawful purpose; (vii) You will comply with all applicable Federal and State laws in Your use of the Site and the Affiliated Sites, including these Terms of Use; and (viii) You are not a paid consultant or have any other financial interests in the information You provide on the Site or any Affiliated Site including, but not limited to, the promotion of "off label" drug uses, the disclosure of the results of confidential clinical trials or any other proprietary information.
You agree to indemnify and hold Healow and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, and managers ("Indemnified Parties") harmless from any and all damages, losses, costs or expenses (including without limitation, attorney's fees and costs) incurred in connection with any third party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any provision of these Terms of Use; (ii) arising from, related to, or connected with Your use of the Site, any Affiliated Site and/or its Content; or (iii) arising from, related to, or connected with Your non-compliance with any laws including, but not limited to, the Privacy Laws.
Disclaimers, Exclusions and Limitations :
As used below in this section, "Healow" refers to its owners, its employees, representatives, agents, attorneys, affiliates,
directors, officers, members, managers, volunteers and suppliers.
DISCLAIMER OF WARRANTIES:
THE SITE, ITS CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SITE OR THE AFFILIATED SITES ARE PRESENTED ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HEALOW DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT.
WITHOUT LIMITING THE FOREGOING PROVISIONS:
(1) YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SITE AND/OR ITS CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY
FOR THE USE OF, AND RESULTS OBTAINED FROM, THE SITE AND/OR ITS CONTENT;
(2) HEALOW MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY AFFILIATED SITE AND/OR ANY CONTENT WILL BE ERROR-FREE, SECURE,
VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE SITE, ANY AFFILIATED SITE
AND/OR THEIR CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT (MOBILE OR OTHERWISE)
OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED;
(3) HEALOW MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OBTAINED FROM THIRD PARTY SOURCES (INCLUDING,
BUT NOT LIMITED TO, ANY USERS OF THE SITE) USED ON OR WITHIN THE SITE OR ANY AFFILIATED SITE OR RECEIVED IN CONNECTION
WITH CONVERTING OR TRANSMITTING ANY DATA RECEIVED IN DIFFERENT FORMATS IS ACCURATE, TIMELY, OR ERROR FREE, AND HEALOW IS NOT
RESPONSIBLE IN ANY WAY FOR THE INFORMATION OBTAINED FROM SUCH SOURCES;
(4) HEALOW MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED BY USERS TO GAIN ACCESS AND PERMISSION TO USE THE SITE,
ANY AFFILIATED SITE, OR OTHER INFORMATION POSTED BY USERS IS ACCURATE OR ERROR FREE; AND
(5) HEALOW MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF ANY PERSONS PARTICIPATING IN THE SITE OR THE
AFFILIATED SITES OR REGARDING THE CHARACTER OR INTEGRITY OF SUCH PERSONS.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY AND Exclusion Of Damages:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL HEALOW OR THE THIRD PARTIES MENTIONED ON THE SITE OR THE AFFILIATED SITES
BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE
USE OR INABILITY TO USE THE SITE, THE AFFILIATED SITES AND/OR THEIR CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF
THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT,
OR BREACH OF WARRANTY BY HEALOW OR THE THIRD PARTIES MENTIONED ON THE SITE OR ANY AFFILIATED SITE, AND EVEN IF HEALOW OR THE THIRD PARTIES
MENTIONED ON THE SITE OR ANY AFFILIATED SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Violation of These Terms of Use:
You agree that Healow may, in its sole discretion and without prior notice, terminate Your access to the Site and/or the Sites if Healow determines in its sole discretion that You have violated these Terms of Use.
Healow may disclose any information it has about You, including Your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Site or the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Healow's rights or property, or a another person's rights or property. Healow reserves the right to disclose any information Healow deems necessary to comply with any applicable law, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Healow may preserve any communication by You with Healow through the Site and/or the Affiliated Sites or any service offered on or through the Site and/or the Affiliated Sites, and may disclose such communications when required by law or if Healow deems that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to a claim that any communication, information posted on the Site, the Affiliated Sites, or Content violates the rights of others; or (4) protect the rights, property or personal safety of Healow and its employees, users of or visitors to the Site and/or the Affiliated Sites, and/or the public.
If Healow takes legal action against You as a result of Your violation of these Terms of Use, Healow will be entitled to recover from You, and You agree to pay, all reasonable attorney's fees and costs of such action, in addition to any other relief granted to Healow. You agree that Healow will not be liable to You or to any third party for termination of Your access to the Site and/or the Affiliated Sites or removal of any communication or posting of information by You, or contents thereof, as a result of any violation of these Terms of Use.
Void Where Prohibited:
Healow reserves the right to limit, in its sole discretion, the provision and quantity of any Content, feature, product or service to any person or geographic area, whether by reason of the local laws applicable in such geographic area or otherwise. Any offer for any feature, product or service made on the Site and/or the Affiliated Sites is void where prohibited.
Modification or Termination of the Site:
Healow may, in its sole discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Site and/or the Affiliated Sites, temporarily or permanently, at any time without prior notice.
Jurisdiction and Applicable Law:
These Terms of Use shall be governed, construed and applied in all respects by the laws of the Commonwealth of Massachusetts, without regard to any provision governing conflicts of law. Any dispute arising out of, relating to, or connected with these Terms of Use or Your use of the Site and/or the Affiliated Sites shall be brought before the federal or state courts located in the Commonwealth of Massachusetts. By using the Site and/or the Affiliated Sites, You expressly consent to the personal jurisdiction and venue of such courts and waive any challenge thereto.
Miscellaneous:
If any provision of these Terms of Use are ruled by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms of Use, with all remaining provisions remaining in full force and effect.
These Terms of Use and the Privacy Policy constitute the entire agreement between You and Healow with regard to Your access and use of the Site and/or the Affiliated Sites. No counter-offers to these Terms of Use shall be accepted by Healow, and Healow rejects all such counter-offers.
Healow may assign its rights, in whole or in part, in the Site and/or the Affiliated Sites in accordance with its sole discretion.
Healow's failure or delay to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or any right that Healow has to enforce these Terms of Use.
These Terms of Use do not confer any rights or remedies on any third parties.
Updated on June 30, 2014.