The following terms and conditions (“Terms of Use”) apply to all visitors to the HealthBASE website (the “Site”), which is owned and operated by HealthBASE Corp., a Delaware company with an address at P.O. Box 28399, San Diego, CA 92198 (“HealthBASE”).
This Site offers general information about HealthBASE’s services, which may include demonstration versions of our services using fictionalized (not real) patient data. In addition, HealthBASE offers various medical care management services (collectively, the “Services”), through this Site in exchange for subscription fees or other kinds of access fees. The Services are subject to these Terms of Use and also to separate user and subscriber agreements which are required for access to such Services. By accessing this Site, you acknowledge acceptance of these Terms of Use. If you wish to subscribe to our Services, you must also agree to our subscription terms (the “Subscription Terms”) for the specific Services. In some situations, you may be permitted under the terms of HealthBASE’s agreement with a current subscriber to the Services to access the Services without your own subscription (for example, your insurance company may be a subscriber and may wish to grant you, as an insured person, access to your own medical information via the Services). In that case, you will also need to accept the non-subscriber user access terms (“Non-Subscriber Access Terms”) for the relevant Service, which will be presented to you the first time that you attempt to access the relevant Service
HealthBASE reserves the right to change these Terms of Use from time to time at its sole discretion. Your continued use of the Site following the posting of changes to these Terms of Use means that you accept any such changes. However, if there is a conflict between any provision of these Terms of Use and any provision of the Subscriber Terms or Non-Subscriber Access Terms for the Services, the provisions of the Subscriber Terms or Non-Subscriber Access Terms will take priority. In the case of any violation of these Terms of Use, HealthBASE reserves the right to seek all remedies available by law and in equity for such violations. These Terms of Use apply to all visits to the Site and uses of the Services, both now and in the future.
Submissions of Information
You represent that all information that you submit in the course of using the Site or the services is truthful, materially complete and is not submitted for any fraudulent purpose. All information that you submit is subject to our Privacy Policy.
Licenses And Restrictions
All software used to operate the Site and the Services (“Software”) and all content on the Site (“Content”), including, but not limited to, design, text, graphics, other files, and their selection and arrangement, is owned or licensed by HealthBASE. You may view, download and print Content only for your personal, noncommercial use. No other use of the Software or Content is authorized. You may not post material from this Site on another site or on a computer network, or frame or link to this site, without our prior written permission. You may not transmit or distribute Content from this Site to others.
In consideration of this authorization, you agree that any copy of Content which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of HealthBASE or any third party.
THE SOFTWARE AND ALL CONTENT ON THIS SITE ARE PROTECTED BY US AND INTERNATIONAL INTELLECTUAL PROPERTY RIGHTS LAWS, INCLUDING COPYRIGHT LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THIS SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM HEALTHBASE. NO ONE IS PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY CONTENT FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
Credit Card Processing
This Site may offer access to certain Services for which credit card payments may be accepted. Any credit card transaction may be processed by HealthBASE and/or by a third party credit card processor, and you agree to such processing.
Age Restrictions
You must be at least 18 years old to use this Site or to submit personal information to this Site. If you are under 18 and want to use this Site, you must ask a parent or guardian to do so on your behalf. Your parent or guardian must first read and accept these Terms of Use. The US Children's Online Privacy Protection Act applies to the online collection of personal information from children under 13. This Site is not aimed at children under the age of 13. If we discover that we have inadvertently collected personal information from a child under 13, we will delete that information and attempt to contact the child’s parent or guardian.
General Disclaimer
Although HealthBASE has attempted to provide accurate information on the Site, we assume no responsibility for the accuracy of the information. We may change the Services offered through the Site at any time without notice, although such changes will not affect any Services to which you are currently subscribed except as provided in the Subscription Terms.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. HEALTHBASE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HEALTHBASE MAKES NO REPRESENTATION OR WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (3) ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Please note that any representations and warranties expressly set forth in any Subscription Terms or Non-Subscriber Access Terms that are in force between you and HealthBASE are not affected by the above disclaimers.
Limitation of Liability
HEALTHBASE AND ITS SUPPLIERS (INCLUDING THIRD PARTY CREDIT CARD PROCESSORS) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT SERVICES, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE SITE, EVEN IF HEALTHBASE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Please note that any exclusions and limitations of liability expressly set forth in any Subscription Terms or Non-Subscriber Access Terms that are in force between you and HealthBASE are not affected by the preceding paragraph.
Indemnification
By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless HealthBASE and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any fines, sanctions, actions or third party claims and any resulting damages or liability of any nature arising in connection with your use of this Site, including the reasonable costs of defending or settling such actions or claims. Please note that you may have different or additional indemnification obligations under any Subscription Terms or Non-Subscriber Access Terms that are in force between you and HealthBASE.
Advertising and other Linking
This Site may contain links to other sites, including advertisements linking to sites offering third party products and services. These sites are not maintained or controlled by us, and we are not responsible for their content or actions. Access to any other site linked to this Site is at the user's own risk and HealthBASE is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on or products or services offered by these sites. The inclusion of such links does not imply an endorsement of such third party sites.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site, including parts of the Site that give access to the Services, is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Trademarks
HealthBASE and related logos are protected by state and federal trademark laws. You agree not to display or use these trademarks in any manner without HealthBASE’ prior written permission. Other trademarks appear on this Site with permission from their respective owners. Your unauthorized use of trademarks appearing on this Site may constitute trademark infringement, which could subject you to substantial civil penalties.
Governing Law
This Agreement between you and HealthBASE will be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of laws principles.
Jurisdiction
This Site is controlled and operated by HealthBASE from its principal office in the State of California, USA. HealthBASE makes no representation that materials on the Site are appropriate or available for use in other locations. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules. The Site is not intended to subject HealthBASE to the laws or jurisdiction of any state, country or territory other than the State of California (including all applicable federal laws and the jurisdiction of the federal courts located in San Diego County, California, should a separate basis exist for their jurisdiction).
Notices
HealthBASE may deliver notice to you under these Terms of Use by means of email, a general notice posted on this Site, or by written communication delivered by first-class U.S. mail to the address that you have provided to HealthBASE. You may give notice to, or submit comments or questions to, HealthBASE at any time via email or by letter delivered by first-class postage prepared U.S. mail or overnight courier to either of the following addresses:
HealthBASEAttn: Terms of Use
P.O. Box 28399
San Diego, CA 92198
E-mail: legal@HealthBASE.net
Survival
The provisions of these Terms of Use entitled “General Disclaimer,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.
General Provisions
These Terms of Use, along with the HealthBASE Privacy Policy and any Subscription Terms or Non-Subscriber Access Terms separately entered into between you and HealthBASE, constitute the entire agreement and understanding between you and HealthBASE with respect to use of this Site, superseding all prior or contemporaneous communications with HealthBASE. These Terms of Use are severable and, in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement may not be assigned by you without the prior written approval of HealthBASE but may be assigned without your consent by HealthBASE to (i) a parent or subsidiary, (ii) an acquirer of substantially all of its shares or of the assets to which this agreement relates, or (iii) a successor by merger, consolidation or other form of reorganization. Any purported assignment in violation of this section shall be void.
Last updated: December 29, 2008