GetHealthy360 Terms of Use
The GetHealthy360, described below, provides users with a wide array of services including, without limitation, news, reference resources, sponsored programming, personalized content, continuing medical education and communication platforms (collectively, the “Services”). The Services are provided to users of the GetHealthy360 subject to the following Terms of Use (the “Terms”). You will always be able to view the most current version of these Terms by clicking on the Terms of Use link at the bottom of any page of a GetHealthy360 website or without our mobile applications. By using the Services, you agree to these Terms, whether or not you are a registered member of the GetHealthy360. These Terms govern your use of the Services and create a binding legal agreement that we may enforce against you in the event of a violation. If you do not agree to all of these Terms of Use, do not use the Services!
Scope of these Terms of Use
The GetHealthy360 includes the websites GetHealthy360.com and GetHealthy360.org (the “GetHealthy360 Sites”) and the GetHealthy360 mobile device applications, which include GetHealthy360 Mobile, MedPulse and GetHealthy360 CME & Education (the “GetHealthy360 Apps”). GetHealthy360 LLC owns and operates GetHealthy360.com and GetHealthy360 Mobile and MedPulse and its affiliated company, GetHealthy360, LLC, owns and operates GetHealthy360.org and GetHealthy360 CME & Education. References to “GetHealthy360” in these Terms of Use mean GetHealthy360 LLC and references to “GetHealthy360” mean GetHealthy360, LLC. References to “we” or “our” mean GetHealthy360 and GetHealthy360.
GetHealthy360 may offer other services to physicians and healthcare professionals outside of the GetHealthy360, such as GetHealthy360 Connect which is offered through GetHealthy360’s consumer website, www.GetHealthy360.com. These other services are not governed by these Terms but by the terms of use applicable to the property through which these services are offered.
Use of the Services
By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof.
The information and tools that we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse.
If you choose to access the information made available through the Services, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and to view the information and materials made available through the Services, including User Content, as defined below, (“GetHealthy360 Content”) solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, GetHealthy360 Content, the GetHealthy360 Sites or the GetHealthy360 Apps, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved to GetHealthy360, GetHealthy360 and their respective licensors, as applicable.
The GetHealthy360 may contain links to third-party websites or resources which are not part of the GetHealthy360. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the GetHealthy360 of third party resources, including links to third party websites, does not imply our endorsement of these resources.
You agree that you will not engage in any of the following activities in connection with your use of the Services:
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
Use, display, mirror or frame a GetHealthy360 Site or GetHealthy360 App, or any component thereof, or GetHealthy360 or GetHealthy360’s trademark, logo or other proprietary information, without the written consent of GetHealthy360 or GetHealthy360, as applicable;
Remove any copyright, trademark or other proprietary rights notices contained within the GetHealthy360, including those of GetHealthy360 or GetHealthy360 and any of their respective licensors;
Infringe or use the GetHealthy360 or GetHealthy360 brand, logos and/or trademarks in any business name, email, URL or other context unless expressly approved in writing by GetHealthy360 or GetHealthy360, as applicable;
Attempt to circumvent any protective technological measure associated with the Services;
Attempt to access or search a GetHealthy360 Site, GetHealthy360 App or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
Impersonate or misrepresent your affiliation with another person or entity;
Harvest or otherwise collect information about others, including email addresses;
Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a GetHealthy360 Site or a GetHealthy360 App;
Fail to respect another user’s privacy. This includes revealing another user’s password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or
Use a GetHealthy360 Site, GetHealthy360 App, the Services or any GetHealthy360 Content in any manner not permitted by these Terms.
We may (but are not obligated to) do any or all of the following without notice:
Record or pre-screen User Content submissions to public areas within the GetHealthy360;
Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
Remove User Content which we believe does not comply with these Terms of Use;
Terminate your access to the GetHealthy360 upon our determination that you have violated these Terms of Use; and
Edit GetHealthy360 Content.
Information that you Make Available through the Services
Certain Services enable users to submit content which may include, without limitation, text, images, photographs, figures, charts, graphics, reports, data and sound (“User Content”). User Content does not include Registration Information. When you submit User Content through the Services you automatically grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers) license to distribute, transmit, copy, host, publicly display and perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and exploit such User Content in any media, form or format now known or hereafter developed, both within and outside of the GetHealthy360 for any purpose that is consistent with the GetHealthy360 Privacy Policy. You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content as specified in these Terms.
You are solely responsible for ensuring that the User Content that you make available through the Services complies with applicable laws including, without limitation, those relating to privacy, and also best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual, e.g., name, e-mail address, social security number, insurance number or other unique identification number, biometric identifiers, facial photographs, photographs of identifying marks such as tattoos or scars. You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services.
You agree that you will not use the Services to make available User Content that:
you do not have the right to make available under any contractual or fiduciary agreement or law;
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
results in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable privacy laws;
is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
promotes illegal activity;
is fraudulent, false, misleading or deceptive;
constitutes an advertisement or solicitation of business; or
contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.
Proprietary Rights
You acknowledge and agree that the GetHealthy360 and any software used in connection with the GetHealthy360 (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the GetHealthy360 Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or “scrape” for commercial or any other purpose, the GetHealthy360, the GetHealthy360 Content or the Software, in whole or in part. Any use of the GetHealthy360 or the Services not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties’ intellectual property rights.
You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
Privacy Policy
The GetHealthy360 Privacy Policy, located at http://www.GetHealthy360.com/public/privacy, provides information about our collection, use and disclosure of information about users of the Services. By accessing and using the Services, you agree to the terms of the Privacy Policy and acknowledge and agree that the Privacy Policy forms an integral part of these Terms.
Dealing with Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services.
Laws that Govern this Agreement
We control those components of the Services made available through our respective websites from our offices within the state of New York in the United States of America. By accessing the Services, you agree that the statutes and laws of the state of New York, without regard to choice of laws principles, will apply to all matters relating to use of the Services.
Notwithstanding the foregoing, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation as to the legal compliance of the Services or the GetHealthy360 Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the GetHealthy360 Content.
Termination and Modification
You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services.
Disclaimer
THE GETHEALTHY360, SERVICES, GETHEALTHY360 SITES, GETHEALTHY360 APPS AND GETHEALTHY360 CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE GETHEALTHY360, SERVICES, GETHEALTHY360 SITES, GETHEALTHY360 APPS AND GETHEALTHY360 CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GETHEALTHY360. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE GETHEALTHY360 NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.
Liability
In no event will GetHealthy360, GetHealthy360 or any other person or entity involved in creating, developing or delivering the GetHealthy360, the GetHealthy360 Sites, the GetHealthy360 Apps, the Services or the Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access or use the GetHealthy360, the GetHealthy360 Sites, the GetHealthy360 Apps, the Services or the GetHealthy360 Content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information provided through the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
Indemnity
You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the GetHealthy360, the GetHealthy360 Sites, the GetHealthy360 Apps, the Services and the GetHealthy360 Content or your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials within the GetHealthy360 infringe your copyright, you may request removal of those materials (or access thereto) by contacting GetHealthy360 Customer Support and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
We may terminate the account of any user who we determine is a repeat infringers.
Modifications
We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the Services, the GetHealthy360 Content or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the GetHealthy360. By continuing to access or use the Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the GetHealthy360 and the Services.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the website, these Terms constitute the entire agreement between you, GetHealthy360 and GetHealthy360 with respect to your use (and prior use) of the GetHealthy360 and the associated Services and GetHealthy360 Content.
These Terms constitute the entire and exclusive understanding and agreement between GetHealthy360, GetHealthy360 and you regarding GetHealthy360 and the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between GetHealthy360, GetHealthy360 and you regarding the GetHealthy360 and the Services.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without GetHealthy360’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GetHealthy360 or GetHealthy360 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns
Notices
Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your Registration Information); or (ii) by posting within the GetHealthy360. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Survival
All provisions of these Terms shall survive termination of your GetHealthy360 account except for your license to access and use the Services and the GetHealthy360 Content.
Contact Us
If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services.
Last updated: Aug 13, 2017