Using the Platform to evaluate whether to enter into a business relationship with us will not constitute a commercial use for the purposes hereof. It is a violation of these Terms for you to use the Platform in violation of any applicable laws or regulations or in violation of the rules of any of our service providers. Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Subject your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicenseable, non-transferable, license to use the Platform solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may only access and use the Platform on devices that you own or control and you may not use the Platform on devices where you do not have all necessary permissions and rights to use the Platform. You acknowledge that these Terms are concluded between you and us only and that we, and not Apple Inc. or Google LLC (collectively, the “App Stores”), are solely responsible for the App, including providing any maintenance or support for the App and any product liability, intellectual property infringement, consumer protection, or privacy claims you may have regarding the App. BY AGREEING TO THESE TERMS, YOU HEREBY CONSENT TO RECEIVE TELEPHONE CALLS, TEXT MESSAGES, AND EMAILS FROM US AND OUR AFFILIATES TO PROVIDE YOU WITH INFORMATION REGARDING THE PLATFORM AND TO MARKET OUR AND THIRD PARTIES’ PRODUCTS AND SERVICES TO YOU. YOU MAY NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THESE TERMS.Modifications. We reserve the right to modify the Platform and the rules and regulations governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the Platform and the “Last Updated” date at the top of this webpage will be revised. You understand and agree that if you use the Platform after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the Platform at any time without prior notice to you.
Restrictions on Use. You will not use the Platform for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the Platform or the server hosting the Platform nor will you use our Platform to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Platform in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Platform or server hosting the Platform; (iii) manipulates or otherwise displays the Platform by using framing, mirroring or similar navigational technology or directly links to any portion of the Platform; (iv) uses any robot, spider, scraper or other automatic or manual means to access the Platform or copies any content or information on the Platform; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Platform; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Platform or any hardware, software, system or network connected with the Platform; (viii) probes, scans, or tests the vulnerability of or breaches the authentication measures of the Platform or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Platform; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (xvii) accesses systems, data or information that we do not intend to be made accessible to you; or (xviii) transmits, communicates, sends, or otherwise provides to us any of your patients’ health information including any Consumers, except as expressly required or agreed by us. Use of the Platform is limited to persons eighteen (18) years of age or older.
Registration, Access & Security. If you use any of our services or provide us any information through the Platform, including, without limitation, your name, picture, education background, birth date, age, bank account information, address, zip code, phone number, contact details, email address, password, practice description, or other information provided as part of your Listing (as defined below) (collectively, your “Account Data”), you agree to provide true, accurate, current, complete and up-to-date information. If we enable you to use your existing account from a third party social media platform, (e.g. Facebook, LinkedIn, etc.), your identification information required for you to log into the Platform will also be considered your Account Information. You further agree to provide any specific Account Data that we deem mandatory, including, without limitation, your headshot portrait and the specified biographical information (e.g. your education background), or otherwise require. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Platform (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the Platform and any account associated with you or your practice or another person (“Account”), including without limitation changing your password, terminating your Account, or requesting additional information to authorize actions made on your Account. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use the Platform, and we reserve the right to change the access configuration of the Platform at any time without prior notice. Your Representations, Warranties, and Acknowledgements. In addition to your other obligations under these Terms, you represent, warrant, and covenant that: (a) you are not bound by any agreement or arrangement which would preclude you from using the Platform to communicate the services in your Listing; (b) your license to practice medicine or Drug Enforcement Agency Number in any jurisdiction has never been denied, suspended, revoked, terminated, voluntarily relinquished under threat of disciplinary action, or restricted in any way; (c) your medical staff privileges at any health care facility or status on a payor or provider’s network have never been denied, suspended, revoked, terminated, voluntarily relinquished under threat of disciplinary action, or made subject to terms of probation or any other restriction; (d) you will provide services to Consumers in accordance with (i) all applicable federal, state, and local laws, rules and regulations; (ii) all applicable standards of relevant accrediting organizations; and (iii) all of our rules and regulations, including, without limitation, these Terms; (e) you have not in the past conducted, and are not presently conducting, your medical practice in such a manner as to cause you to be suspended, excluded, debarred or sanctioned under the Medicare or Medicaid Programs or any government licensing agency, and have never been convicted of an offense related to health care, or listed by a federal agency as debarred, excluded or otherwise ineligible for federal program participation nor are you involved in any ongoing litigation related to your medical practice; (f) you have, and will maintain throughout the time you are a Provider, an unrestricted license to practice medicine in any state or territory covered by your Listing and staff membership and privileges at your applicable sites; (g) you will immediately notify us if you are required to pay damages in any malpractice action by way of judgment or settlement; (h) you will not submit claims from any Consumers to any third party payors (e.g. health insurance providers); (i) in the event we provide you with a survey or other request for additional information about you or your practice, you will complete such survey and comply with such request within five (5) business days of the date we send such request; (j) you will provide us with your availability to see Consumers for an appointment for the following five (5) days on which you regularly schedule patient appointments and regularly update such availability to account for any changes or newly scheduled appointments; (k) your Listings are accurate and current; (l) your Listing will only include all-inclusive pricing for a listed procedure or service and you will not charge a Consumer for additional and/or separate fees for such procedure or service (including, without limitation, separate facility, consulting, or device/equipment fees that are a usual or contemplated part of such listed procedure or service) at any time; (m) each Listing will include the cost of all of the components of an all-inclusive procedure or service so that if a Consumer does not receive all of the services listed in the all-inclusive pricing, the Consumer is clear as to the amount that he or she will have to pay you; (n) you will only update the all-inclusive price of a procedure or service on a Listing through the Platform for Consumers that have not already scheduled such procedure or service; (o) you will include the consultation fee, if any, for each procedure on your Listing; (p) you will not renegotiate any prices included in your Listing with Consumers; (q) you will use your best efforts to accommodate the Consumers’ requests for appointments and times and will meet with the Consumers at the agreed upon or scheduled time; (r) you will immediately notify us if you become the subject of a disciplinary or other proceeding or action before any governmental, professional, medical staff, or peer review body; and (s) you will not allow Consumers to purchase or offer to Consumers to purchase the services included on your Listing in order to circumvent using the Platform. You acknowledge that by agreeing to these Terms and by using the Platform, you are not guaranteed any minimum amount of business, revenue, or interest from any Consumers. Each of the representations and warranties set forth herein shall be continuing and if any such representation or warranty fails to remain true and accurate during the time you are a Provider, you will immediately notify us. Services You Provide to Consumers. As part of your Account, you will list the medical and other healthcare services you are willing to provide to Consumers and will list the price for each such service and the bundled cost of the services (your “Listing”). You agree to agree to keep such prices updated with your then current and applicable rates and prices. You may request that we update the prices of your services by emailing us. If you find that a treatment is not advisable for a Consumer for which they have already paid you, you will retain only the consultation fee and promptly return the residual to the Consumer. You must take payment from the Consumer for any consultation or medical or other healthcare services you provide them at the time of the Consumer’s visit to your facilities or within twenty-four (24) hours of completing the agreed upon services.HEALTHdrum Does Not Provide Medical Advice. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL MEDICAL ADVICE AND TREATMENT TO RELEVANT CONSUMERS AND THAT WE DO NOT PROVIDE MEDICAL ADVICE, NOR DO WE PROVIDE ANY GUIDANCE OR SUGGESTED TREATMENT FOR ANY PARTICULAR SITUATION. No Warranties From HEALTHdrum and Disclaimer. THE PLATFORM AND ALL MATERIALS ON THE PLATFORM ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES 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. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE PLATFORM OR ANY SERVICES, INFORMATION, OPINIONS, AND MATERIALS AVAILABLE THROUGH THE PLATFORM. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE PLATFORM BEFORE RELYING ON IT. USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE PLATFORM OR THE MATERIALS PROVIDED THROUGH THE PLATFORM WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN, ORAL OR MULTIMEDIA, OBTAINED BY YOU FROM THE PLATFORM WILL CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE DISCLAIM ANY WARRANTY, GUARANTEE, REPRESENTATION THAT YOU AGREEING TO THESE TERMS AND/OR YOUR USE OF THE PLATFORM WILL RESULT IN ANY MINIMUM AMOUNT OF BUSINESS, REVENUE, OR INTEREST FROM ANY CONSUMERS, OR OTHERWISE, IF ANY AT ALL.
YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS NOT AN ENDORSEMENT BY US OF YOUR PRACTICE OR ANY PARTICULAR OR GENERAL SERVICES OR AREAS OF PRACTICE. WE DO NOT ENDORSE ANY PROVIDER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE APPROPRIATENESS, ACCURACY, COMPLETENESS, AND RELIABILITY OF ANY INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT MADE AVAILABLE BY US OR THE CONSUMERS, WHETHER THROUGH THE PLATFORM OR OTHERWISE, AND WE HEREBY DISCLAIM ANY WARRANTIES AND LIABILITIES RELATED TO SUCH CONTENT. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM. YOU ACKNOWLEDGE THAT, TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP STORES PROVIDE NO WARRANTY OR REPRESENTATION REGARDING THE PLATFORM.
Ownership. The Platform and all rights therein are and will remain our property or the property of our licensors. Neither these Terms nor your use of the Platform convey or grant to you any rights in or related to the Platform except for the limited license we grant you above. All trademarks, service marks and logos that are used or displayed on the Platform are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks or logos used on the Platform may be a violation of state, national and international trademark laws. Additionally, our custom icons, graphics, logos, and scripting on the Platform may be covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, modified, or used, in whole or in part, without our prior written permission.
OUR TOTAL LIABILITY TO YOU RELATING TO THESE TERMS, YOUR RELATIONSHIP WITH ANY CONSUMER, AND ANY MEDICAL OR OTHER HEALTHCARE SERVICES YOU PROVIDE TO ANY CONSUMER, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US DIRECTLY FOR THE USE OF THE PLATFORM (BUT NOT ANY AMOUNTS YOU HAVE RECEIVED OR CHARGE TO ANY CONSUMER), IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE PLATFORM WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for HEALTHdrum is HEALTHdrum.com 4613 N. University Dr., #374, Coral Springs, Fl. 33067. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section 18.Use Outside of the United States; Choice of Law; and Venue. The Platform is operated by us from our offices within the United States of America. We make no representation that the information in the Platform is appropriate or available for use in other locations, and access to the Platform from territories where the contents of the Platform may be illegal is prohibited. Those who choose to access the Platform from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. By using the Platform, regardless of where you live or are located in the world, you consent to these Terms and any claims relating to the information, services or products made available through the Platform will be governed by the laws of the State of Florida, U.S.A., excluding the application of its conflicts of law rules. You agree that, subject to the nest sentence, venue for all actions, relating in any manner to these Terms, will be in a federal or state court of competent jurisdiction located in Broward County, Florida. If you wish to file a claim or initiate a dispute against us arising out of these Terms and/or the Platform, subject to Section 20 below, you must first submit the claim or dispute to non-binding mediation by the American Health Lawyers Association and you agree such mediation will be held in Broward County, Florida. If mediation is not successful within ninety (90) days after your request for mediation, either you or we may then submit the dispute or claim to the state or federal courts in Broward County, Florida. You and we will equally share the costs of any mediation proceeding.