HealthWiz, Inc.

TERMS OF SERVICE

Welcome to myhealthwiz.com! HealthWiz is an online aggregator of digital healthcare resources and is making such resources available under these Terms of Service.

Acceptance of Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THE FOLLOWING TERMS OF SERVICE (“TERMS OF SERVICE”) ARE BETWEEN YOU AND THE COMPANY YOU REPRESENT (“YOU” OR “YOUR”) AND HEALTHWIZ, INC. (“HEALTHWIZ”) AND CONSTITUTE A LEGAL AGREEMENT THAT GOVERNS YOUR USE OF THIS WEBSITE. YOU MUST AGREE TO THESE TERMS OF SERVICE BEFORE USING THE WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OF SERVICE, THEN PLEASE DO NOT USE THIS WEBSITE. YOU SHOULD PRINT OR OTHERWISE SAVE A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.

HealthWiz may, at its sole discretion and without notice, revise these Terms of Service at any time by updating this posting. HealthWiz recommends that you review the Terms of Service on a regular basis. You understand and agree that your continued use of this website after the Terms of Service has changed constitutes your acceptance of the Terms of Service as revised. Any changes to these Terms of Service do not apply retroactively but instead will only apply prospectively from the date of the published change.

1. Use of the Website

(a) HealthWiz Does Not Provide Medical Advice

HealthWiz provides this Website to you solely for informational purposes and to educate you about health and medical issues. The materials contained on this Website are not intended to be a substitute for professional medical advice, diagnosis or treatment and you should not rely on any such materials in making medical decisions without consulting a medical professional. You are advised to always seek the advice of a health care professional with any questions relating to a medical condition.

(b) User Rights

You are hereby granted a personal, non-transferable, non-exclusive right to access and use this Website and all Content on this Website subject to these Terms of Service. The term “Content” includes all information, text, images, data, links, software, or other material accessible through the Website, whether created by HealthWiz or provided by another person for display on the Website.

You may view, copy, download, and print Content that is available on the Website subject to the following conditions: (1) The Content may be used solely for internal informational purposes. No part of the this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose. (2) You shall not modify the Content or permit others to modify it. (3) You shall not remove copyright, trademark, and other proprietary notices.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on or made available via this Website, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms of Service; or (ii) with the prior written permission of HealthWiz or the such third party that may own the trademark or copyright of material displayed on or made available via this Website.

(c) HealthWiz Data Rights

You grant to HealthWiz the right to use data regarding your use and/or performance of the Website for services arising from the Website for any purpose.

(d) Website is for Users 18 years of Age and Older

The Website is intended for use by individuals 18 years of age or older. This Website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.

2. Your Conduct

(a) Standards of User Conduct

You may not use the Website to:
(1) transmit any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is, or which HealthWiz considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;

(2) sell or promote any products or services that are unlawful in the location at which the Content is posted or received;

(3) sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;

(4) introduce viruses, worms, Trojan horses and/or harmful code on the Internet;

(5) display material that exploits children under 18 years of age;

(6) post any Content that misappropriates, infringes or otherwise violates any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;

(7) promote, solicit or participate in multi-level marketing or pyramid schemes;

(8) harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;

(9) impersonate any other person, including, but not limited to, a customer, supplier, HealthWiz personnel, expert or bulletin board leader, guide or host;

(10) post or disclose any personally identifying information or private information about any child or third party without his or her consent (or his or her parent’s consent for a child under 18 years of age);

(11) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;

(12) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Platform or in connection with your use of the Platform, in any manner; or

(13) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

In addition, you shall not (a) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or access to any Content or any portion or all of the Website; or (b) use any automated system (such as, without limitation a spider, robot or offline reader) that accesses any portion of the Website in a manner not authorized by HealthWiz. The above are some, though not all, of the activities that may result in removal of Content which you post to the Website and/or the termination of your access to the Website.

(b) Content Submitted by Users

If you contribute Content to the Website, you hereby (i) warrant that such Content is true and correct, (ii) grant to HealthWiz and any users of the Website a non-exclusive, royalty-free, perpetual, irrevocable, transferrable, sublicensable worldwide license to use, copy, distribute and create derivative works of such Content solely for the purposes for which the Content was submitted.

(c) Security of Login Credentials

If you register on the Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login identifier and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify HealthWiz immediately if you believe that your login identifier or password has been or may be used without your permission so that appropriate action can be taken. HealthWiz is not responsible for losses or damage caused by your failure to safeguard your login identifier and password.

(d) Downloaded Files

It is the user’s responsibility to ascertain whether any information downloaded from the Website is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

(e) Termination

HealthWiz may terminate any user’s access to the Website in our sole discretion, for any reason and at any time, with or without prior notice. Upon termination, you may lose all or partial access to the Website. It is the policy of HealthWiz to terminate users who violate these Terms of Service as deemed appropriate in our sole discretion. You agree that HealthWiz is not liable to you or any third party for any termination of your access to the Website.

3. Ownership

(a) Copyright and Trademark Information

The Website, and the information which it contains, is the property of HealthWiz and its licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “HealthWiz” and the HealthWiz logo are trademarks of HealthWiz, LLC under the applicable laws of the United States and/or other countries. The absence of a product or service name or logo from this list does not constitute a waiver of HealthWiz’s trademark or other intellectual property rights concerning that name or logo.

All other product names are trademarks or registered trademarks of their respective owners.

(b) Copyright Infringement; Notice and Take Down Procedures

If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by contacting HealthWiz’s copyright agent (identified below) and providing the following information:


(1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy of the location (e.g., URL) of an authorized version of the work.

(2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide HealthWiz with its URL or any other pertinent information that will allow HealthWiz to locate the material.

(3) Your name, address, telephone number and (if available) e-mail address.

(4) 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.

(5) 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.

(6) A signature or the electronic equivalent from the copyright holder or authorized representative.

HealthWiz’s agent for copyright issues relating to the Website is as follows:

Anton Maslak
125 Western Avenue
Boston, MA 02163
copyright@myhealthwiz.com

In an effort to protect the rights of copyright owners, HealthWiz maintains a policy for the termination, in appropriate circumstances, of Registered Users of this Website who are repeat infringers.

4. Warranties, Disclaimers and Indemnity

(a) Representations and Warranties

HealthWiz represents and warrants that it has the right to enter into this Agreement and grant you the rights it grants herein.

(b) Disclaimer of Warranty

THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, HEALTHWIZ DOES NOT WARRANT THAT: (i) THE WEBSITE IS CORRECT, ACCURATE, RELIABLE, COMPLETE OR FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES PROVIDED BY THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE WEBSITE, OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL HEALTHWIZ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE WEBSITE, AND INFORMATION IN ANY CONTENT ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON THE WEBSITE. YOU ARE RESPONSIBLE FOR SEEKING THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

(c) Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HEALTHWIZ BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE WEBSITE, EVEN IF HEALTHWIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HEALTHWIZ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE HEALTHWIZ, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED US$100. HEALTHWIZ, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THEWEB SITE OR CONTENT.

(d) Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In the event that your jurisdiction limits the above the exclusion of warranties or the limitation or exclusion of liability set forth above, such exclusions of warranties or limitation or exclusion of liability shall apply to the maximum extent permitted by applicable law.

5. Miscellaneous

(a) Indemnification

You agree to indemnify and hold HealthWiz and its licensors harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Website or breach of this Agreement (collectively referred to as "Claims"). HealthWiz reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by HealthWiz in the defense of any Claims

(b) No Export of Information

The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from the Website may be exported, in any way, in violation of United States law.

(c) Enforcement of Terms of Service

These Terms of Service are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of laws that would apply the law of any other jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with Healthwiz, or in any way relating to your use of the Website, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute

The failure of HealthWiz to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

You agree that any claim or cause of action arising out of or related to these Terms of Service, including without limitation the Website, must be filed within one (1) year after the cause of action arose or be forever barred.

(d) Severability

If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

(e) Entire Agreement

These Terms of Service constitute the entire Agreement between you and HealthWiz relating to the subject matter hereof and govern your use of the Website. These Terms of Service shall not be modified except in writing signed by both parties or by a posting by HealthWiz of new Terms of Service, as described above.

(f) For Additional Information

If you have any questions about the rights and restrictions above, please contact HealthWiz by email at info@myhealthwiz.com.

Copyright © 2016, HealthWiz, LLC. All Rights Reserved.