HealthTap Terms of Use

These Terms of Use are an Agreement with HealthTap

What is this Document? The Terms of Use (or "TOU") is an agreement between you and HealthTap Inc. ("HealthTap"). There are rules you agree to follow when using our mobile applications and websites (the "Apps"), including when you ask questions and when you view or input content on or into the Apps, and they are contained in these TOU. The HealthTap Privacy Statement is officially part of these TOU even though it’s a separate document.

Why Should I Read It? When you sign up for HealthTap you verify that you've read and agree to our Terms of Use when using the Apps.

These Terms of Use are an Agreement. Generally, this agreement governs your use of the Apps. Other terms may apply to your use of a specific portion of our Apps. If there is a conflict between these TOU and terms posted for a specific portion of our websites, the latter terms apply to your use of that portion of our Apps.

We May Update this Agreement. These Terms of Use may change. Because your use of HealthTap means you agree to these Terms of Use, if we revise and update these Terms of Use, your continued use of HealthTap will mean that you accept those changes. You choose whether or not you use HealthTap. If you do not agree to all of these Terms of Use, please do not use HealthTap.

To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:

  • "HealthTap" or the "Apps" means https://www.healthtap.com and related web sites and HealthTap’s mobile applications, including HealthTap, HealthTapMD, and Talk to Docs.
  • "Company","We," "us," or "our" means HealthTap Inc., a Delaware corporation, and any other companies that are subsidiaries and affiliates of HealthTap Inc. When used in the context of the company name, "HealthTap" may also refer to HealthTap Inc.
  • "Content" means text, graphics, images and any other material entered, processed, contained on or accessed through the Apps.
  • "Services" means services provided through the Apps.
  • "Medical Expert" means an individual accepted to participate in the HealthTap Medical Expert Community and who participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on HealthTap in their capacity as experts.

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.

What We Do and What We Don’t Do

We Do Support Your Health Decisions and Choices

HealthTap is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you, in connection with the advice you receive from your doctor or other professional healthcare provider, are the best decision maker about your health. You should always use common sense when making health decisions, and they should be made in consultation with your doctor. HealthTap cannot make decisions for you. What we can do is help you find good health information and connect with doctors for in-person care. On HealthTap you can ask and find informational questions and related educational answers and tips by Medical Experts. HealthTap is not a place for the practice of medicine, but Medical Experts on HealthTap can be a resource for reliable, relevant general health information. We hope these services will be of value to you. Please use them responsibly.

No Doctor Patient Relationship

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.

Whenever we use the words "your doctor" or "your doctor" or "healthcare provider" or similar words on HealthTap, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the United States. HEALTHTAP MEDICAL EXPERTS ARE NOT "YOUR" DOCTOR OR HEALTHCARE PROVIDER. Even if your real life doctor is on HealthTap, personal medical advice, treatment or diagnosis are not permitted through HealthTap, and by using HealthTap you agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. This applies both to public interactions on HealthTap as well as to Private Conversations. Whenever you want personal medical advice, treatment, or diagnosis, you should contact your doctor or professional healthcare provider and see them in person.

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.

ALWAYS:

  • SEEK THE ADVICE OF YOUR DOCTOR OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.
  • NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF SOMETHING YOU READ OR LEARN ON HEALTHTAP.
  • IMMEDIATELY CALL 911 OR YOUR DOCTOR OR GO TO THE HOSPITAL IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY.

Independence of HealthTap Medical Experts

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.

Children's Privacy

We are committed to protecting the privacy of children. HealthTap is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Registered adult users of HealthTap may ask questions about or for children.

Your Account and Your Use of HealthTap

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.

Notices. When you register as a member, you agree that HealthTap may send notices to you by push notification or by email at the email address you provide when you register, or a different email address that you update through your Account Settings. We have a No-Spam policy. We do not sell or distribute the email addresses of our users.

HealthTap is a Free Service That Offers Paid Services.

HealthTap is a free service, which also offers paid services. It’s free to ask health questions on HealthTap. HealthTap also provides for a category of premium, optional Services and Content or Apps that can be accessed for a small fee. ("Premium Services" and "Premium Content", respectively) All such Premium Content and Services are clearly identified as such. We will never ask you for your credit card or other payment information unless you indicate that you would like to use a paid service.

Content and Services

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 may not be used for illegal purposes. The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with HealthTap, the Content, or Services. You may not use any automated means (such as a scraper) to access HealthTap, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her HealthTap account. Any attempt by any individual or entity to solicit login information of any other user or HealthTap Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

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.

If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (See "Termination" below.)

Use of Your Information

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.

We cannot control external communications, so e-mails, SMS messages and text messages transmitted out of HealthTap may not be secure. Email and short message service (SMS) or text message communications from HealthTap are not encrypted, and this information is not secured. You can opt out of receiving email, SMS, and text messages. By using HealthTap, you release HealthTap from any liability for interception or unauthorized access to unsecured communications.

Advertising

We Do Not Advertise. There is no advertising on HealthTap.

International Members

We make no claim that Content or Services are appropriate or may be downloaded outside of the United States. Personal information ("Information") that is submitted to HealthTap will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Statement. If you are a non-U.S. member, you acknowledge and agree that HealthTap may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use our Content or Services. The product information provided on HealthTap is intended only for residents of the United States. Products identified on this site may have different product labeling and disclosure requirements in different countries.

Property Rights

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.

Contact us if you believe information on our website infringes your copyright. If you believe any materials accessible on or from HealthTap infringe your copyright, you may request removal of those materials (or access thereto) from us by contacting and providing us with information pursuant to our DMCA Removal Procedure.

Member Submissions: Content

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:

  • Only informational questions submitted for educational purposes are allowed
  • No personal health questions are permitted – you are not allowed to provide facts that give questions the impression of being patient-specific
  • Questions can describe a general situation, illustration, illness, or symptoms, but the question should withhold enough facts so that it’s clear that it’s not describing an actual, specific patient
  • There is no guarantee that any submitted question will be answered
  • Questions are answered at the sole discretion of doctors participating in the our community as Medical Experts
  • No follow up questions or personal information should be included in Thanks notes submitted through HealthTap

When accessing our Premium Content and Services, including private conversations with Medical Experts you should know the following:

  • No requests for prescription, diagnosis or treatment should be made
  • Any second opinions received are not diagnosis, prescription, or treatment and are for informational purposes only
  • When you enter into a Private Conversation with a HealthTap Medical Expert, that person will be able to see personally identifiable information about you– including your name and the content in your Health Activity.
  • There is no guarantee that any submitted question, follow up question or comment, or request for a Private Conversation will be answered– if a question is not answered within a set period of time, a refund will be provided
  • Questions are answered at the sole discretion of doctors participating in the HealthTap community as Medical Experts

IN CONSIDERATION FOR PERMISSION TO USE HEALTHTAP YOU AGREE TO ABIDE BY ALL OTHER TERMS OF USE WHEN POSTING AND NOT TO DO ANY OF THE FOLLOWING, WHICH CAN RESULT IN YOUR IMMEDIATE ACCOUNT CANCELLATION:

  • Excluding Premium Services and Content, No Individual or Specific Patient Questions. Do not post any facts that give the impression that a question is patient-specific, or are about a specific person, including you.
  • Only Adults May Post. Minors may not create their own profiles on HealthTap and HealthTap does not permit the posting of questions by persons under 13 years of age. Caregivers may post educational questions related to authorized care recipients (such as the mother posting questions about an infant).
  • No Posting of Personally Identifiable Information. Do not post name(s), email address(es), or telephone number(s), URLs, or any other confidential or personally identifiable information for you or any other person or entity on HealthTap.
  • No Posting for Illegal Purposes. Do not use HealthTap for any purpose in violation of local, state, federal, or international laws.
  • No Infringing or Impersonating Postings. Do not post material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others; do not post impersonating another person or entity.
  • No Inappropriate Postings. Do not post material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion.
  • No Promotions or Links. Do not post advertisements or solicitations or links to other websites or individuals.
  • No Spam or Schemes. Do not post the same question more than once or "spam" the forum; no posting of chain letters or pyramid (or other) schemes.
  • No Detrimental Behavior. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or HealthTap, or which, in the judgment of the Company, exposes us or any of our members, partners or suppliers to any liability or detriment of any type.

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.

Member Submissions: Media

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.

By uploading any media on HealthTap, you are representing and warranting to us that you have permission from all persons appearing in your media for you to use the media in this way, and to grant the rights described in these Terms of Use. Never post a picture with someone else unless you have his or her explicit permission.

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.

You understand that we can review and reject any submission. We reserve the right to review all media or any other submission prior to or after submission to the site and to remove any media or any submission for any reason, at any time, without prior notice, at our sole discretion.

Submissions: Ownership

You give us rights in what you submit. With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) and other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA"), if you make any submissions (by email or otherwise) on, to or through HealthTap, including but not limited to data, questions, comments, suggestions, business information, ideas, concepts or inventions, you make such submission without any restrictions or expectation of compensation or of confidentiality, and agree that your submissions may be used without restriction for any purpose whatsoever, and you automatically grant–or warrant that the owner of such content or intellectual property has expressly granted–HealthTap the complete right to freely use such submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, publicly perform or display (in any media or form now known or hereafter developed), or otherwise communicate to the public, in the form of a royalty-free, perpetual, irrevocable, worldwide nonexclusive license. HealthTap may sublicense its rights. Such submissions will be treated as non-confidential and nonproprietary and will become the property of HealthTap, and HealthTap shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to HealthTap for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Don’t submit anything to us if you don’t want to give us rights to it. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to HealthTap, by email or otherwise.

About HealthTap Medical Experts

About HealthTap Medical Experts. HealthTap’s Medical Experts include respected doctors throughout the United States, including from leading national medical institutions. Only U.S.-licensed doctors may apply to be and participate as Medical Experts on HealthTap. Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to HealthTap as a Medical Expert on HealthTap. Supplemental Terms of Use apply to Experts who participate on HealthTap. Click to read more about our Medical Expert Network.

Personally Identifiable Information

Our members have a right to the privacy of their identity. HealthTap does not disclose personally identifiable information about our members (please see our Privacy Statement for details), however you understand and agree that if you choose to enter into a Private Conversation with a Medical Expert on HealthTap that personally identifiable information will be visible to that Medical Expert. You agree not to disclose personally identifiable information about other members that you encounter while using HealthTap (whether posted in member profiles by a member or emailed to you by a member) without the express consent of such a person. As a reminder, we prohibit commercial use of HealthTap, and these non-commercial use policies apply even to general (non-identifiable) information about other members.

Termination

All of our members are required to honor this Agreement. Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use HealthTap and the Services and/or Content at anytime. This suspension or termination may delete information, files, and other previously available Content.

Changes to this Agreement

Occasionally we may update these Terms of Service. When we make changes, we will revise the "last modified" date at the top of this document. We encourage you to review these terms of service periodically. Your continued use of HealthTap constitutes your agreement to the changed terms of service.

Indemnification

You agree to indemnify us and hold us harmless. You agree to indemnify and hold us harmless against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of HealthTap or the Content or Services; (b) your noncompliance with any of the terms and conditions hereof; and (c) any third-party actions related to or arising from your receipt or use of HealthTap or the Content or Services, whether authorized or unauthorized under the Terms of Use.

Exclusion of Warranties

HEALTHTAP AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS." NEITHER WE, HEALTHTAP MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. HEALTHTAP AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING HEALTHTAP AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.

Limitation of Liability of HealthTap

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:

  1. the accuracy, reliability, completeness, correctness, or timeliness of the Content provided on or through the use of HealthTap, whether by HealthTap or any other party; or
  2. the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on HealthTap.

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.

The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Licensed Content

Certain Content may be licensed from third-parties. The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use or in the Additional Information section of our Site (which is incorporated herein by reference).

General Legal Terms

This Agreement, and the other agreements referenced in it (like our Privacy Policy), is the entire agreement between you and us relating to HealthTap. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a mutually signed written agreement between you and us related to HealthTap, the signed written agreement will control.

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.

This agreement is governed by California law, excluding California's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SANTA CLARA COUNTY, CALIFORNIA. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.

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:

Definitions

"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.

Terms

1 LICENSE GRANT

LICENSEE (or Reseller) grants to End User a non-exclusive, non-transferable right and license to use

the 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.

5 TRADEMARKS

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