Terms and Conditions

Healthchat

Terms & Conditions

Terms & Conditions


Last updated: March 9, 2016­


General

As a user or visitor (hereinafter referred to as “you” “your”) of Healthchat Inc.’s products, services and website (hereinafter referred to as the “Site”), you must please read these terms and conditions (hereinafter referred to as “Terms and Conditions”) carefully before using the Site, platform, products, services and mobile application or any derivative work or invention thereof (together, or individually, the “Service”) operated, created, developed or utilized by Healthchat Inc.  (hereinafter referred to as “Healthchat”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions govern your use of Healthchat’s online interfaces, products, services and properties (e.g., websites and mobile applications) and apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms and Conditions. If you do not abide by the Terms and Conditions, then you do not have permission to use or access the Service. If you do not agree to be bound by the Terms and Conditions, promptly exit this Site. Please also consult Healthchat’s Privacy Policy for a description of Healthchat’s privacy practices and policies, including how Healthchat collect and handle your personal health information and financial information.
Healthchat does not provide any physicians’ or other providers’ services itself. All of the providers are independent of Healthchat and use the Service as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from Healthchat. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither Healthchat, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the website. Healthchat does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use Healthchat to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.
Healthchat does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service. You will be provided with a list of available providers located in the U. S. based solely on the information you, your employer or your plan sponsor provides to Healthchat. You are ultimately responsible for choosing your particular healthcare provider.

General Communications

When you use the Service, or send e-mails, text messages, and other communications from your desktop or mobile device to Healthchat, you are communicating with Healthchat electronically. You consent to receive communications from Healthchat electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that Healthchat provides to you electronically satisfy any legal requirement that such notices and other communications be in writing. By creating an account through the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information Healthchat may send. However, you may opt out of receiving any, or all, of these communications from Healthchat by following the unsubscribe link or instructions provided in any email sent by Healthchat.

Medical Communications

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY HEALTHCHAT OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY HEALTHCHAT AND IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY HEALTHCHAT, ITS CONTENT PROVIDERS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE HEALTHCHAT FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, HEALTHCHAT DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH HEALTHCHAT.

License and Content

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Healthchat or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable revocable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Service allows you to post, link, store, share and otherwise make available certain information, files, documents, text, graphics, images, videos, or other material accessed through or made available for use or download through this Site and Service (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant Healthchat the rights and license as provided in these Terms and Conditions, and (ii) that the posting of your Content on or through the Service does not violate or infringe on any privacy rights, confidentiality, publicity rights, copyrights, trademark, patents, intellectual property, contract rights, trade secrets or any other rights of any person or entity. Healthchat reserves the right to terminate the account of any person or entity found to be infringing on any of the rights listed herein.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. Healthchat takes no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant Healthchat the right and license to use, access, modify, enhance, remove, adopt, adapt, publicly perform, display, reproduce, transfer and distribute such Content on and through the Service. Healthchat Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of Healthchat Inc. and constitutes user’s permission to use or access such Content. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Healthchat or its licensors, suppliers, publishers, rights holders, or other content providers. You may not distribute, disperse, reproduce, modify, transmit, sale resale, transfer, sublicense, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes, release or for personal gain, without express advance written consent from Healthchat. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service without express written consent. You may not use any meta tags or any other “hidden text” utilizing Healthchat’s name or trademarks without the express written consent of Healthchat. You may not misuse the Services. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Service (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Healthchat. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Healthchat without Healthchat’s expressed written consent. You may use the Service only as permitted by law.
From time to time, content may relate to information that contains Protected Health Information (“PHI”). As such review Healthchat’s Privacy Policy for information relating to the use and storage of such PHI.

Site Accounts, Accounts, Access and Security

By creating an account with Healthchat, you guarantee that you are above the age of 18, and that the information you provide Healthchat is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account and to not to share or disclose your user ID or password to any third party. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Service or a third-party service. You must notify Healthchat immediately upon becoming aware of any breach of security or unauthorized use of your account.
You are prohibited from violating or attempting to violate the security of the Service including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms and Conditions or in violation of applicable law. If you are under 18, you may use the Services only with involvement of a parent or guardian.Youguardian. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Service, deep-link to any feature or content on the Service, bypass our robot exclusion headers or other measures Healthchat may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Healthchat will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on this Site.

User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to Healthchat or to the Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Healthchat and its providers that you have the legal right and authorization to provide all User Information to Healthchat and its providers for use as set forth herein and required by Healthchat and the provider. Healthchat reserves the right to refuse service, terminate accounts, remove, or edit your content or revoke you account in Healthchat’s sole discretion at any time.

Intellectual Property

The Service, materials made available for download and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Healthchat Inc. and its licensors or suppliers, as applicable. The Service is protected by copyright, trademark, trade secret, intellectual property and other laws of both the United States and foreign countries. Healthchat’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Healthchat Inc.
In accordance with the Digital Millennium Copyright Act (“DMCA”), Healthchat will respond promptly to notices of alleged infringement that are reported to Healthchat’s designated copyright agent, identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by sending Healthchat a notice (“Notice”) complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
  5. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  6. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  7. Provide your full legal name and your electronic or physical signature.
  8. Deliver this Notice, with all items completed, to info@healthchatpro.com.

Links to Other Web Sites

The Service may contain links to third party web sites or services that are not owned or controlled by Healthchat Inc.
Healthchat Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Healthchat do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Healthchat Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party web sites or services. Healthchat strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

Healthchat may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under Healthchat’s sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and Conditions. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Healthchat Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms and Conditions, or c) Content posted on the Service. Healthchat Inc. shall have no obligation to indemnify you against any third party infringement claims. Your employer or health plan should you be accessing the Site or Services through your employer or health plan.

Limitation of Liability

In no event shall Healthchat Inc. nor its directors, employees, partners, agents, suppliers, or affiliates, be liable to any party for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, profits, use, business operations, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) any Content posted on the Service (v) the performance of the Service and operation of the Service and (vi) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), strict liability or any other legal theory in law or equity, whether or not the user or visitor have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purposes. Healthchat, Inc. will have no liability or responsibility whatsoever for any business interruption or loss of data arising from termination of your access or use or any cessation of the application, website, or platform. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of Healthchat to you with respect to your use of this site is $1000 (one thousand dollars).

Disclaimer of Warranty

Your use of the Service, including any content contained within or related to the Service is at your sole risk and is provided on an “AS IS”, without faults, and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and warranties arising out of course of dealing or usage or trade by status or law.

Healthchat Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service and Site is free of viruses or other harmful components; d) the accuracy, completeness and timeliness of information obtained through the Site or Service or d) the results of using the Service will meet your specific requirements. It is possible that the Service could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the d Service by third parties. In the event that an inaccuracy arises, please inform Healthchat so that it can be corrected. Additionally, Healthchat shall have no responsibility or liability for information or Content posted to the Service from any non-Healthchat affiliated third party. You assume total responsibility and risk for your use of this site, site-related services, and linked websites. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.

Exclusion of Warranty

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Remedies

You agree that if you breach the Terms and Conditions hereunder, Healthchat Inc. in addition to any remedies that may be available under law, shall have the right to seek specific performance and/or any other injunctive or equitable relief which would include but not limited to the ability to obtain a temporary restraining order, temporary or preliminary injunction, and permanent mandatory or prohibitory injunction to restrain the continuation of any such breach or to compel compliance with these Terms and Conditions.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Healthchat’s failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between Healthchat regarding Service and supersede and replace any prior agreements Healthchat might have had between Healthchat regarding the Service.
Force Majeure
Healthchat will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond Healthchat’s reasonable control, including without limitation, acts of god, terrorism (including, but not limited to cyber terrorism, attacks or hacks), war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Right to Modify or Change

Healthchat reserve the right, at its sole discretion, to modify or replace these Terms and Conditions at any time without prior notice to the you. If a revision is material Healthchat will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after any revisions become effective, you agree to have accepted said changes or modifications and to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, you are no longer authorized to use the Service. Healthchat uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to the Site in the aggregate to capture usage and volume statistics. Healthchat has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by Healthchat only and does not cover the use of cookies by any third-party. Healthchat reserves the right, in its sole discretion, to terminate your access to all or part of this Service, with or without cause, and with or without notice. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions constitute the entire agreement between Healthchat and you pertaining to the subject matter hereof. You should periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions Use may be superseded by expressly designated legal notices or terms located on particular pages within this Service.

 

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