Effective Date: December 18, 2018
TERMS AND CONDITIONS OF USE
This website (the "Site"), is published and maintained by HealthHive, PBC ("HealthHive").
The following terms and conditions (the “Terms”) govern your access to and use of the Site and your use of the Site constitutes your acceptance of and agreement to be bound by the Terms.
HealthHive respects the rights (including the intellectual property rights) of others, and we ask our users to do the same. HealthHive may, in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others. HealthHive encourages you to exercise discretion when using the HealthHive service. Please consult our terms of service for full details of our undertakings as to HealthHive's limitations and liabilities.
If you are being provided access to this Site through either a system trial or as a customer, you acknowledge that the HealthHive web application contains confidential and proprietary information, and that the Site may not be shared with any unauthorized user. In addition to the Personal Health Information maintained on the Site, the system, its design, and many aspects of its operation are proprietary and confidential. Sharing Site access with unregistered users may be a violation of HIPAA, as well as a violation of the confidentiality provisions of the HealthHive relationship.
Your Right to Use the Site and Its Content
This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms, HealthHive grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
All materials and functions on this Site, including but not limited to audio, images, software, text, and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, HealthHive is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
This website may contain links to other Internet sites on the World Wide Web. HealthHive provides such links for your convenience only and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that HealthHive approves of, endorses, or recommends that website. HealthHive disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Availability of Products and Services
The products and services displayed on the Site may not be available for use or purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.
HealthHive's Right to Change These Terms and Conditions of Use or Content on the Site
HealthHive may add to, change, or remove any part of these Terms at any time, without notice. Any changes to these Terms or any terms posted on this Site apply as soon as they are posted. By using this Site after any changes are posted to these Terms, you are indicating your acceptance of those changes. HealthHive may add, change, discontinue, remove, or suspend any Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS HEALTHHIVE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HEALTHHIVE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.
You agree to indemnify, defend, and hold HealthHive and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms. You will cooperate as fully as reasonably required in HealthHive's defense of any such claim. HealthHive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HealthHive.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT, HEALTHHIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO HEALTHHIVE'S NEGLIGENCE, SHALL HEALTHHIVE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF HEALTHHIVE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HEALTHHIVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between HealthHive and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to any conflicts of law rules.
HealthHive is based in the state of New York in the United States. We provide the Site for use by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
At HealthHive we believe that, as our online visitor, you have a right to know our practices regarding the information we collect when you visit our websites, and what type of information is collected. The guidelines contained herein only apply to your visits to www.HealthHive.org, which is operated by HealthHive.
While HealthHive does not generally require that you provide us with personally identifiable information in order to visit and use the HealthHive website, please note that in order to participate in some activities, it will be necessary for you to provide this information. If you choose not to provide it for those activities, you may not be able to participate in them.
Collection of Information: Cookies; Personal
For each visitor to a HealthHive website, HealthHive's web server may automatically recognize and store information, such as the visitor's IP address/domain name combination and any referring websites. We use this information to understand visitor traffic patterns through our websites for purposes such as enhancing their usability. Your computer provides this information automatically each time you log on, unless you've activated blocking technology available in some browsers.
When you visit HealthHive's websites, or use one or more of the HealthHive website services, we may use an industry-wide technology called "cookies" which stores certain information on your computer and which will allow us to customize your experience to better match your interests and preferences, or to simply facilitate your signing in to use the services. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may not be able to restore any preferences or customization settings you previously specified, and our ability to personalize your online experience would be limited. Please refer to your browser instructions or "help" screen to learn more about these functions.
Additionally, HealthHive may ask you to provide "personal information," meaning individually identifiable information such as your e-mail address, name, mailing address, telephone number, or persistent identifier (such as a customer number held in a cookie) which is associated with individually identifiable information, to enable you to use certain functions of the Site. HealthHive may combine the information you provide on our websites with other information we may collect from you offline or from third parties so that we can more effectively tailor our website, services, and offerings to you.
Unless you instruct us otherwise, HealthHive may contact you to provide information about products, services, promotions, contests, or other activities or offerings that may be of interest to you.
Unless it is for the purposes you have requested or originally agreed, HealthHive will not share the personal information you provide on the HealthHive websites with any other parties, except (a) with your consent; (b) as may be required by law or court order; or (c) to persons or companies with whom HealthHive contracts to carry out the internal operations of the website or our business.
While HealthHive cannot guarantee that unauthorized access will never occur, rest assured that HealthHive takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.
If you have any questions or comments about our personal information practices or about this privacy statement, please feel free to send us an e-mail at support@HealthHive.org.