TERMS AND CONDITIONS
Welcome to HealthPortal
Terms and Conditions:This Terms of Use Agreement (“Terms of Use” or “Agreement”) defines the terms and conditions under which HealthPortal makes the Site available. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
These Terms of Use are a legally binding agreement made by and between HealthPortal and you (whether you are joining for yourself or on behalf of a third party, minor or a person to whom you are a caregiver) (“You” and as the context provides, “Your”). 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 cancel Your registration to access the Site. BY REGISTERING FOR ACCESS, ACCESSING, OR USING ANY PART OF THE SITE, 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 THIS SITE.
HealthPortal 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 posted on the Site.
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 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 HealthPortal , and is protected by copyright, trade dress, trademark and other intellectual property rights and unfair competition laws. HealthPortal reserves all rights, title, and interests in the Content and this Site.
Except as expressly provided in these Terms of Use or by HealthPortal’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.
Access and Use of Website:
The Site is intended to be used by individuals whose physicians are provided services from HealthPortal and all other individuals that wish to use the Site’s functionality in connection with their medical care and wellbeing. In order to join and participate in the Site, You will be asked to provide information about Yourself (or the person on whose behalf You are joining the Site). If You are under 18 years old, please discuss whether you should join the Site with your physician. When You join the Site, You will provide HealthPortal with information relating to Your identity and certain other information, including Your email address. By submitting such information to HealthPortal , You hereby certify that any and all information provided to HealthPortal by You is true and correct and you authorize HealthPortal to use any method it chooses to verify the truth and accuracy of the information that You provide to the extent HealthPortal needs to do so to protect its rights or other users of the Site. Failure to provide truthful and accurate information to HealthPortal may result in termination of Your access to the Site.
The Site requires a valid, working e-mail address and other information in order to initially sign up for access to the Site and the use of its functionality. Additionally, You will be required to create a username and password to securely access the Site. You are solely responsible for maintaining the strict confidentiality of the username and password You create in order 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 HealthPortal in writing of any need to deactivate your account due to potential or actual security concerns. HealthPortal will not be liable for any harm related to the misappropriation of your username and password, Your willing 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.
HealthPortal uses the means it believes are reasonable to provide access to this website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond HealthPortal’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Site. HealthPortal shall not be liable for any failure or deficiency in the performance of the Site by reason of maintenance, breakdown or any event beyond HealthPortal ’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. HealthPortal shall not be liable for any such errors, omissions, delays, or losses. You understand and agree that use of or connection to the Internet 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 Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. HealthPortal shall not be responsible for any adverse consequences whatsoever of Your connection to or use of the Internet, and shall not be responsible for any use by You of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
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 HealthPortal 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, HealthPortal , create or use a false identity, or attempt to use another user’s account; (vi) attempt to obtain unauthorized access to 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 or visitor to 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 HealthPortal 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 HealthPortal ; (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 HealthPortal’s systems or networks, or any systems or networks connected to the Site or HealthPortal ; 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 displayed on the website and accessed by other Site users (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, 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 local, state, national or international 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 HealthPortal 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 HealthPortal’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 HealthPortal will not pre-screen Postings, but that HealthPortal 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. By way of example and without limiting the foregoing, HealthPortal 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. HealthPortal 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 using the Site, you consent to the presence of sponsored ads and services on the Site, which advertising will be placed at HealthPortal's sole discretion. The total area of the sponsored ads will not exceed more than 25% of any displayed page of the Site and 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, HealthPortal , through the Site or the contact information You have provided, may contact You regarding certain offers or products of HealthPortal or other of its partners that HealthPortal believes may be beneficial to You. You understand and agree that HealthPortal may contact You in this manner. You will also be asked to grant an authorization for HealthPortal to use Your PHI in connection with its business partners and the advertising and offers that may be directed to you. You may decide to authorize HealthPortal to act in this manner by accepting such terms in the process of signing up for the Site. You will also have the authority to opt out of such use at any time by contacting HealthPortal.
The Site may also contain links to the websites of HealthPortal partners, advertisers or unrelated third party companies (“Linked Sites”).
HealthPortal 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. HealthPortal 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 HealthPortal has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. HealthPortal accepts no liability for any direct or indirect damage that may result from a user’s visit to a Linked Site, or from a user’s use of the contents, products or services of these websites or their owners or operators.
You acknowledge and agree that HealthPortal 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.
Violation of These Terms of Use:
You agree that HealthPortal may, in its sole discretion and without prior notice, terminate Your access to the Site, if HealthPortal determines in its sole discretion that You have violated these Terms of Use.
Health portal 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 to identify, contact or bring legal action against someone who may be causing injury to or interference with HealthPortal’s rights or property, or a Site visitor’s rights or property. HealthPortal reserves the right to disclose any information HealthPortal deems necessary to comply with any applicable law, regulation, or governmental rule, 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 HealthPortal may preserve any communication by You with HealthPortal through the Site or any service offered on or through the Site, and may disclose such communications when required by law or if HealthPortal 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, or Content violates the rights of others; or (4) protect the rights, property or personal safety of HealthPortal and its employees, users of or visitors to the Site, and/or the public.
If HealthPortal takes legal action against You as a result of Your violation of these Terms of Use, HealthPortal 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 HealthPortal . You agree that HealthPortal will not be liable to You or to any third party for termination of Your access to the Site 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:
HealthPortal 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 is void where prohibited.
Modification or Termination of the Site:
HealthPortal may, in its sole discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Site, temporarily or permanently, at any time without prior notice.
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