To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:
HealthTap provides users with online access to health information from doctors. HEALTHTAP DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENTS, OR PRESCRIPTIONS OF ANY KIND. ALL INFORMATION PROVIDED ON HEALTHTAP OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY HEALTHTAP, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS BETWEEN HEALTHTAP MEDICAL EXPERTS AND CONSUMERS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A DOCTOR – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. HEALTHTAP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY HEALTHTAP OR ANY HEALTHTAP MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK.
The use of HealthTap does not create a doctor-patient relationship. HealthTap contains Content, and may help you identify services or may offer services. Everything on HealthTap, including Content accessed or Services provided through HealthTap, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your doctor.
On HealthTap you can connect privately with a doctor for an online consultation through our Private Conversation feature. This interaction does not constitute the practice of medicine and consultations cannot be used for providing a medical diagnosis or a physical examination, prescriptions, or treatments. Go see your doctor in person if you are looking for a prescription, or for diagnosis or treatment. You can use HealthTap for second opinions.
Do not use HealthTap in a medical emergency, or for diagnosis or treatment.
Do not use HealthTap or Content or Services to diagnose or treat a medical condition. Do not use HealthTap or Content or Services in a potential or actual medical emergency.
Consult your doctor.
Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your doctor or your healthcare provider, or before taking any drug or changing your diet.
HealthTap Medical Experts and professionals or specialists utilizing or featured on HealthTap are not employees or independent contractor service providers of HealthTap. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of HealthTap. HealthTap does not recommend or endorse any specific tests, doctors, products, procedures, opinions, or other information that may be mentioned on HealthTap or by a licensee of HealthTap.
The inclusion of professionals and specialists on HealthTap or in any professional directory on HealthTap does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND HEALTHTAP DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. HEALTHTAP SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON HEALTHTAP. The use of HealthTap by any entity or individual to verify the credentials of professionals or specialists is prohibited.
All opinions and statements expressed HealthTap Medical Experts on or through HealthTap are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of HealthTap, its affiliates or any other organizations or institutions to which such HealthTap Medical Expert or such specialist or professional is affiliated or provides services.
You are responsible for your account: keep your password and real name private. Accurate and complete registration information is required to use HealthTap. All members are encouraged to use password common sense: safeguard your log in password, pick a password that cannot be guessed by others, keep it private, and periodically change it. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. As a part of registration you will create a profile with a Public Profile Name. Like your password, if you wish to remain anonymous, use common sense: safeguard your Public Profile Name, pick a name that cannot be guessed by others, and keep it private. Do not use your real name, or the real name of any one related to you when selecting your Public Profile Name. Allowing any other person or entity to use your identity for posting on or using HealthTap is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post on HealthTap, including questions, comments, or other submissions.
Your use must be legal and you must be an adult to use the HealthTap. Your use of HealthTap and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 16 years old to use HealthTap.
HealthTap is for personal use. HealthTap is a service for individuals to use to support their personal health decisions. You may use HealthTap for personal, but not for commercial, purposes. Organizations, companies, and businesses may not become registered members or use our Apps through individual members. Licensed U.S. doctors and other qualified medical experts (as described on our Medical Experts pages) may apply to participate on HealthTap for educational purposes as Medical Experts. We authorize you to view or download the Content and use the Services solely for your personal, noncommercial use in accordance with all applicable federal, state and local laws. The Content is licensed only for the personal, household, and educational use of a single individual. An individual's noncommercial reuse or redistribution of any portion of the Content is permitted when that use falls within what is permitted by United States Copyright law or the Lanham Act. These laws govern general personal use of copyrighted information. No commercial use or redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by us in writing. By using HealthTap, you agree not use any contact information provided by members (for example, in a private message exchange between connected members), or harvest, scrape or otherwise collect any information about our members for any reason, including but not limited to for sending unsolicited communications, including spam.
HealthTap does not make recommendations or endorsements. We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on HealthTap. HealthTap is designed to be used with common sense, and in connection with the advice of your doctor or your other healthcare provider. Reliance on HealthTap Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Experts, may be or have been provided by third parties directly and are not reviewed or certified by HealthTap. We hope that our Content and Services will be useful, but we cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
HealthTap does not guarantee the accuracy of Third Party Content. To the extent that any of the Content included on HealthTap is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on HealthTap. Therefore, any opinions, statements, products, services or other information expressed or made available by third parties (including Medical Experts) or users on HealthTap are those of such third parties or users, respectively. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and do not represent or warrant that your use of the Content displayed on HealthTap or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with HealthTap.
We are not responsible for anything outside of HealthTap. Now or in the future, the Content and Services may link you to other websites, apps, or information, software, data, or other contents, on or off the Internet. These other sites or and contents are not HealthTap, and the information there is outside of our control. What does this mean? It means that we do not control, endorse, or review the content of these sites. We do not review the contents that may be reached by such links, and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites, and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.
We respect the privacy of your personal information, and do our part to keep it safe and secure. We only use data you share with HealthTap as stated in the HealthTap Privacy Statement, your personal privacy settings, and applicable law. If you create, transmit, or display health and wellness or other information while using HealthTap, you agree to do so with information that you own or have the right to use.
HealthTap owns or has rights to the Content and Services. When you use HealthTap, you do so under a license from us. Your license to use HealthTap is personal, revocable, nonassignable, and nonexclusive. This means that you may not use HealthTap for any commercial purpose, that we can take away your right to use HealthTap, that you cannot give this license away to someone else, and that other members can use our Content and Services. All right, title and interest in and to HealthTap and the Content, together with all intellectual property rights embodied therein (including without limitation all engagement, rating, and ranking systems and methodologies on HealthTap) are the property of the Company or our affiliates. Rights retained by other parties in the Content, such as our Medical Experts, are their respective rights.
You must ask our permission to use our Trademarks. We have obtained or applied for various Trademarks and service marks. HealthTap, the HealthTap logo, other HealthTap trademarks and service marks and other HealthTap logos and product and service names are our trademarks (the "HealthTap Marks"). If you would like to use or display any HealthTap Marks, you must ask our permission. Without our prior written permission, or according to the terms and guidelines we will publish in a media section of the Apps, you agree not to display or use in any manner the HealthTap Marks. All trademarks, brands, and content on HealthTap are the property of their respective owners.
You agree not to infringe our Copyrights, Trademarks, Trade Secrets or other intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use HealthTap as it is designed and intended to be used, including using HealthTap features which allow you to re-post Content or portions of Content, such as those which permit you to distribute Content through other third party applications and mediums, such as Facebook or Twitter, so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "HealthTap" without our prior written permission.
You agree not to access, view, or use our Data without our Permission. You agree not to access, attempt to access, request access not authorized by HealthTap or use any HealthTap data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of HealthTap or any Content, in whole or in part, in any form or by any means.
The personal information you submit to HealthTap is governed by the HealthTap Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement.
You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You understand and agree that all Content you submit to HealthTap, excluding any Content provided in a Premium Service, is non-confidential and may be made available on the world wide web. As a reminder public information includes, but is not limited to questions, comments, interactions and information included in your profile.
Engaging in any conduct that restricts or inhibits any member's use or enjoyment of HealthTap, or which, in our sole judgment, exposes the Company or any of our customers, partners or suppliers to any liability or detriment of any type is prohibited.
We have rules for submitting questions or posting Content on HealthTap. A few things you should know:
When accessing our Premium Content and Services, including private conversations with Medical Experts you should know the following:
You agree to our enforcement of these Terms and Conditions and the Rules. By using (including by accessing or attempting to access) HealthTap you agree that we have the right (but are not obligated) to: investigate an allegation that a communication or Content does not conform to these Terms and Conditions and determine in our sole discretion to remove or request the removal of the communication or Content; remove Content (including member-submitted questions) that we determine, in our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; terminate a member's access to HealthTap upon any breach of any of these Terms and Conditions; terminate a member's access to HealthTap if the member's registration information and/or email address is no longer valid; and remove any communication in HealthTap; regardless of whether such communication violates these standards. We reserve the right to take any other action we deem necessary to protect the personal safety of our guests, visitors, and the public.
Only submit what you have a right to submit. If you make any such submission you agree that you will not send or transmit to HealthTap by email, (including through the email addresses listed on the HealthTap)) or otherwise any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to HealthTap by email or otherwise, you agree such submission is non-confidential for all purposes.
Only upload media that you have a right to upload. You agree to only post or upload Media (like photos) that you have taken yourself or that you have all rights to post or transmit and license, and which do not violate copyright, trademark, privacy or any other rights of any other person. Photos of celebrities and cartoon or comic images, for example, are usually copyrighted by the owner. Animated images available as avatars through HealthTap are licensed by HealthTap for your use on HealthTap as avatars.
Be a responsible and sensitive community member. It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, medically inappropriate, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions our Privacy Statement or any other HealthTap policy.
Don’t upload any viruses or software. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or HealthTap.
You grant us a right when you upload media. We need to have the right to display the media you upload to us. By uploading any media, like a photo, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes HealthTap to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify HealthTap and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with terms described in this document.
We cannot and do not assume any responsibility or liability for any Content or other information you submit, or your, other members, or third parties' use or misuse of information or Content transmitted or received using our Site, our tools or our Services.
The use of HealthTap and the Content and Services is at your own risk. The HealthTap Site and the Content are provided on as "as is" basis. NEITHER WE, HEALTHTAP MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLSIAM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about:
Specific Limitation of Liability Regarding Expert Content. Content on the site created, submitted or validated by Medical Experts or other healthcare experts on HealthTap (collectively, "Expert Content") are subject to the following additional terms and conditions. (When we use the term Content elsewhere in this TOU, this term includes Expert Content.) The authors or third party posting such content ("Posters") are solely responsible for their content. While we hope that you will find the Expert Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Expert Content regarding treatment of medical conditions, action, or application of medication. Posters are solely responsible for their content. Under no circumstances, as a result of your use of the Expert Content or this Site, will the Expert Content Poster or such Poster's employer or sponsor be liable to you or to any other person for any damages or harm–including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Poster (and such Poster's employer and/or sponsor) shall have absolutely no liability in connection with HealthTap for: (a) any loss or injury caused, in whole or in part, by the Poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Expert Content or make medical or other important decisions based on it, and it also means that the Posters are not responsible for what you do or don't do with the Content. For medical advice, treatment, or diagnosis, see your personal doctor or expert healthcare provider. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of (1) any content posted or made available by you through Expert Content, (2) any violation of law that occurs by you through your use of Expert Content or this Site, and/or (3) anything you do using Expert Content, this Site and/or the information contained therein.
NEITHER US, THE MEDICAL EXPERTS ON HEALTHTAP, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED DOLLARS ($100).
HealthTap, its licensors, its suppliers, or any third parties mentioned on HealthTap are not liable for any personal injury, including death, attributable to or caused by your use or misuse of HealthTap or Content (including member supplied Content or Medical Expert supplied Content). Any claims arising in connection with your use of HealthTap or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Other parties may have rights under this agreement. A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit. Other than these licensors, there are no other third party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.
If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.
If we choose not to enforce any provision of this Agreement, we still keep the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
HealthTap is a registered Trademark of HealthTap Inc. Any other trademark, brand, or content on HealthTap that is not the property of HealthTap is the property of its respective owner.
Nuance End User Terms of Service
By using Talk To Docs or other Apps that incorporate Nuance technology, you (“End User”) agree to the following Nuance End User Terms of Service:
"Access Method" means a direct access method, such as through a HyperText Transfer Protocol ("HTTP") that is provided by NUANCE and is used by LICENSEE to access the Service from the LICENSEE Product.
"Device" means an authorized device or platform as listed in the NDEV Program website, located at http://www.ndevmobile.com, which may be updated from time to time, that enables End Users to download the LICENSEE Product and access the Service
"End User" means a customer of LICENSEE that acquires a license to the LICENSEE Product for its own internal use and not for resale, sublicense or distribution to others.
“LICENSEE” shall mean HealthTap Inc. and any subsidiaries.
"LICENSEE Product" shall mean LICENSEE's software application which incorporates any part of the Software or uses an Access Method that is downloadable to a Device, and is licensed to End Users by LICENSEE or Resellers.
"Service" means NUANCE hosted services that transcribe short message dictation and free form search requests, and synthesizes text-to-speech requests, all of which are originated through the Software or Access Method.
"Software" shall mean the Nuance Mobile Speech Platform SDK software (if any), or an Access Method, which provides access to the Service, in executable code form, including, but not limited to all corrections, modifications, enhancements, or Updates, if any, thereto that LICENSOR may provide to LICENSEE under this Agreement.
1 LICENSE GRANT
LICENSEE (or Reseller) grants to End User a non-exclusive, non-transferable right and license to usethe Software, as incorporated in to the LICENSEE Product, for the sole and limited purpose of accessing the Service.
2 PROPRIETARY RIGHTS; RESTRICTIONS
End User acknowledges that LICENSEE and its licensors retain all right, title and interest in and to the original, and any copies, of Software which is incorporated into the LICENSEE Product, and to the Service. Without limiting the generality of the foregoing, End User agrees not to: (a) submit any automated or recorded queries to the Service unless otherwise approved in writing by LICENSEE and its licensors; (b) use the Service for commercial use; (c) access the Service with software or means other than the Software; (d) copy, reproduce, distribute, or in any other manner duplicate the Software, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Software or Service, in whole or in part; (f) modify, port, translate, or create derivative works of the Software; (g) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Software or Service by any means; (h) remove any proprietary notices, labels or marks from the Software; (i) use the Service for purposes of comparison with or benchmarking against products or services made available by third parties; or (j) knowingly take any action that would cause any LICENSEE Product or Software to be placed in the public domain.The Software and Service may contain a copy of the Speex codec in executable form. End User acknowledge that use of the Speex codec is subject to the conditions and disclaimers listed in revised BSD license found at http://www.xiph.org/licenses/bsd/speex/. © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.
3 LIMITATION OF LIABILITY
LICENSEE AND ITS LICENSORS TOTAL LIABILITY TO END USER FOR ANY CLAIM ARISING UNDER THIS AGREEMENT OROTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN, REGARDLESS OF THE FORM OF ACTION WILL NOT EXCEED AGGREGATE FEES ACTUALLY PAID TO LICENSEE DURING THE ONE YEAR PERIOD PRECEDING SUCH CLAIM.
4 CONSEQUENTIAL DAMAGE
IN NO EVENT SHALL LICENSEE OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third-party trademarks, trade names, product names and logos (the "Trademarks") contained in or used by the Software, Access Methods, or Service are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by LICENSEE and its licensors with such company, or (ii) an endorsement or approval of such company of LICENSEE and its licensors and its products or services.
6 SPEECH DATA
(a) SPEECH DATA. As part of the Service, LICENSEE and/or its licensors collects and uses Speech Data, as defined below, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products. In accepting the terms and conditions of this Agreement, End User acknowledge, consent and agree that LICENSEE and/or its licensors may collect the Speech Data as part of the Service and that such information shall only be used by LICENSEE and/or its licensors or third parties acting under the direction of LICENSEE and/or its licensors, pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products. LICENSEE and/or its licensors will not use the information elements in any Speech Data for any purpose except as set forth above. "Speech Data" means the audio files, associated transcriptions and log files provided by End User hereunder or generated in connection with the Service.
(b) Any and all information that End User provide will remain confidential and may be disclosed by LICENSEE and its licensors, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by