This page states the Terms and Conditions under which you may use our Website, located at http://www.HealthDataAlert.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site. HealthDataAlert (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Additional terms and conditions may apply to physicians and other professionals who have subscribed to the Web Site.
Section 1. Who May Use the Web Site.
The Web Site is intended solely for use by individuals to store personal health records. Certain portions of the website will be available free of charge but certain portions may require membership and subscription. Use of the site by others is prohibited.
Section 2. Permissible Uses of the Web Site.
This Web Site is the property of the Company. By using the site, you agree to abide by the Terms and Conditions herein. Failure to abide by these Terms and Conditions, including the impermissible use of the text, graphics, images, health files – data and uploaded files and other materials (collectively, "Materials") contained on the Web Site, is a violation of your agreement. It may also be a violation of copyright, trademark, or other laws in the United States and foreign countries.
The Company reserves the right to prevent, cancel or suspend any individual's, Physicians or professional’s, or others' access to the Web Site. This may be on account of a violation of these Terms and Conditions or for any other reason at the Company's sole discretion. The Company's right to prevent, cancel or suspend access to the Web Site may be exercised without notice to the individual, employer, recruitment professional, or other so affected.
HealthDataAlert authorizes you to view and download a single copy of any health record for which you have verbal authorization directly from the patient and the 10 character alpha numeric code. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose (other than for the individual medical care).
HealthDataAlert expressly prohibits users of this site and all others from reproducing, displaying, distributing or otherwise using any health information, or other Material downloaded or otherwise obtained from this Web Site on any other web site, electronic bulletin board, or other publicly accessible site (regardless of whether access to such site is by registration, subscription, membership or fee) on the Internet or other network.
Section 3. Specific Prohibit Uses of the Web Site
The Web Site may be used only for lawful purposes in accord with the restrictions above. Thus, for example, you may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. In addition, by way of non-limiting example, the Company specifically prohibits any use of the Web Site, and requires all users to agree not to use the Web Site, for any of the following:
(i) Posting any incomplete, false or inaccurate resume information or information which is not your own accurate health information (for living individuals only).
(ii) Posting non-health information such as opinions or notices, commercial or otherwise.
(iii) Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
(iv) Deleting or revising any material posted by any other person or entity.
Web Site Security Rules: Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "mail bombing" or "crashing", or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Section 4. The Company's Liability.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. You acknowledge and agree that you are solely responsible for the health information, content and accuracy of any data or material contained therein placed by you on the Web Site. Subscribers are solely responsible for their postings on the Web Site. The Company is not to be considered to be a Health professional with respect to your use of the Web Site and the Company shall not be responsible for any medical decisions, for whatever reason made, made by any entity positing health data on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Section 5. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 6. User Submissions.
As a user, you are responsible for your own communications with the healthcare professionals and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of other or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, The Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or non-performance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 7. Links to Other Sites.
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 8. Limitation of Liability.
The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $100.
Section 9. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, it's officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 10. User Information.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
Section 11. General.
The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Florida without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Columbia County, FL. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.