Terms of Service
Welcome to the HealthView Services Web site (The “Site”). These Terms of Service (“Terms”) govern the use of all websites maintained by, or under control of, HealthView Services, Inc. (“HealthView Services” or “we”), HealthView Advisory Services, Inc. or any of their affiliates. Whether you are a HealthView Services customer, or simply visiting, in consideration of our providing access to, and use of, our websites to you, you agree that such access and use by you shall be subject to the Terms of Service as set forth below.
By accessing, using or downloading any materials from the HealthView Services Site, you agree to follow and be bound by these Terms. If you are using our services on behalf of an organization, you are agreeing to these Terms for that organization and confirming now to HealthView Services that you have the authority to bind said organization to HealthView Services Terms (in which event, “you” and “your” will refer to that organization), unless that organization has a separate paid contract in effect with us, in which case, in the event of any conflict, the terms of that contract will govern. You may use the services only in compliance with these Terms and only if you have the power to form a contract with HealthView’s™and are not barred under any applicable laws from doing so. If you do not agree with these Terms, please do not use HealthView Services services or our HealthView Services Site.
HealthView Services does not provide, sell, license, or lease any of the materials other than those specifically identified as being provided by HealthView Services. HealthView Services reserves the right to charge and collect for any and all overages up and above the standard costs for any bandwidth and or usage beyond what has been previously paid or contracted for, including the use of credit cards on file with HealthView Services.
HealthView Services and the Third may make improvements and/or changes in the products, services, programs, and prices described in this Site at any time without notice. HealthView Services may periodically make changes to the Site. Any action related to these Terms will be governed by Massachusetts law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. HealthView Services has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by HealthView Services.
COPYRIGHTS AND TRADEMARKS
Access to and use of this site are subject to the following terms and conditions and all applicable laws. This Site and all the materials contained on it are our property and/or the property of us, our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may only use this Site and the materials on it as authorized by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. All names, logos and marks appearing in this site, except as otherwise noted, are trademarks owned or used under license by HealthView Services or its affiliates. You may download and print a copy of the material displayed on this site for your personal use for noncommercial purposes only (provided you retain all copyright and trademark notices), however, you may not modify, distribute, transmit or sell the contents of this site or attempt to duplicate, reverse engineer or otherwise modify or apply the applications it embodies, content or appearance of the website without the prior written permission of HealthView Services. HealthView Services makes no warranties or representations, express or implied, about the accuracy, timeliness or completeness of this site including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This site may contain technical inaccuracies or typographical errors. Neither HealthView Services, nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, inability to access, or any use of the content of this site or the content of any site(s) linked to this site, including without limitation any damages to, or viruses that may infect, your computer equipment or other property, even if HealthView Services is expressly advised of the possibility of such damages.
Any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law is strictly prohibited. HealthView Services reserves the right to delete, modify or supplement Any communications you send to this site or otherwise to HealthView Services by electronic or other means are nonproprietary. HealthView Services shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowhow disclosed therein, for any purpose, including developing, manufacturing and/or the marketing goods or services, unless you specifically request to be removed from such mailing lists.
Portions of this Site are protected by trade and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this site may be copied or retransmitted unless expressly permitted by HealthView Services. HealthView Services and other HealthView Services product names referenced herein are trademarks of HealthView, Inc. and/or one of its subsidiaries, and may or may not be registered in the United States Patent and Trademark Office and in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners. HealthView Servicesrespects and adheres to the intellectual property rights of others. HealthView Services may, in some circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others. In this case no refund will be issued and our 100% money back guarantee will not apply. If for any reason you believe your work has been copied and is accessible from or through our web site in a way that constitutes copyright infringement, or that our web site contains links or other references to another online location that contains material or activity that infringes your copyright, please notify us immediately by providing our company the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millenium Copyright Act, 17 U.S.C. §512.
MESSAGE BOARDS AND OTHER INTERACTIVE FEATURES
This Site may include interactive features, including, but not limited to, questionnaires, messages, message boards, comment venues, web logs, e-mail services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that you post on message boards or provide on comment venues or through any other Interactive Features on the Site. We do not control the messages, information, or files that you or others may provide through the Site.
This Site, including its Interactive Features, shall be used for lawful purposes only; you shall not:
- Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.
- Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
- Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
- Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
- Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
- Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
- Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
- Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent.
- Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.
We shall have the right, but no obligation, to monitor the content of the message boards or other Interactive Features to determine compliance with this Agreement and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their communications. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Site, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Site. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Site.
REGISTRATION AND PASSWORDS
You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.
USE OF DIRECTORIES
The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.
To obtain access to HealthView Services and or other HealthView Services services, you may be required to obtain an account with HealthView Services and become a Registered User. You will be required to complete our registration to obtain and designate specific user ID, ID’s, password and or passwords. Once you have been approved by HealthView Services to become a Registered User access to our service will be made available. HealthView Services in its’ sole discretion, reserves all rights to limit your access to our service or services at all times. You may be limited to the areas of the Service, if any, that HealthView Services makes available to the general public or permits its Business or Enterprise users to access. When submitting registration information to HealthView Services you must: (a) provide true, accurate, current and complete information about yourself as requested and stated in our “Service’s registration form”. This Registration Data in many cases will be verified through a third party. (b) You are required to maintain and promptly update your “Registration Data” to keep it accurate, current, true and complete. HealthView Services reserves the right to withdraw any user and or access approval at any time in its sole discretion, with or without cause.
Only you may use your service account as access is provided on an individual basis to only a specific individual. You must keep your account, logon and passwords confidential. You may not authorize any third party to access or use our service on your behalf, unless we provide an approved mechanism for such use or prior written consent. You must notify us immediately if you suspect and fraud, breach, or misuse of your account or any other type of security breach or issue in the service we provide. You are responsible for all activities and all the actions that take place with or within your account. HealthView Services will not be liable for any loss or damage arising from any unauthorized use of your account or accounts.
If a third party such as your “ADMINISTRATOR” provided your account, that party has rights to your account and maintains the rights to; manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including additional restrictions regarding how and when your account is used; as well as read or store content in your assigned account. If you are an individual Registered User of our Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor, independent contractor or member of such organization, and that organization establishes an “Enterprise” relationship with us and adds your account to their relationship with HealthView Services and or HealthView Services, then, if you do not change the email address associated with your account, your account in most cases WILL be subject to the “Enterprise” relationship between HealthView Services and or HealthView Services, and such organization and controlled by said organization and or entity.
CONSENT TO AND SOLICITATION AS WELL AS ELECTRONIC COMMUNICATIONS
By registering with HealthView Services you understand and you herby agree to accept any and all communications or data we may send from time to time regarding our services, including but not limited to (a) reports (b) announcements, (c) notices about your use of the services, including any notices concerning violations of use, (d) updates, and (e) promotional information and materials regarding HealthView Services and or HealthView Services products and or services, via electronic mail. You will be provided the opportunity to opt-out of from receiving electronic mail from us should you choose by following the opt-out instructions provided in any of said messages or communications.
Any technology and or software that may be made available to download from this or any other HealthView Services Site is the proprietary work of HealthView Services. Use of any HealthView Services technology and or software is governed by the terms of our user license agreement. An end user agrees to the License Agreement terms by installing, copying, or using any technology and or software that may be made available through HealthView Services and or HealthView Services. The technology is made available solely for use by end users according to the License Agreement. HEALTHVIEW SERVICES PRODUCTS ARE ONLY WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT. HEALTHVIEW SERVICES HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE USE OF OUR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY HEALTHVIEW SERVICES, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” ANDHEALTHVIEW SERVICES HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.HEALTHVIEW SERVICES MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
HEALTHVIEW SERVICES SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL CITRIX BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF HEALTHVIEW SERVICES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINSTHEALTHVIEW SERVICES FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD CITRIX HARMLESS FROM, AND YOU COVENANT NOT TO SUE HEALTHVIEW SERVICES FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
HealthView Services controls and operates this Site from various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other countries and or locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States of America.
PAYMENTS AND REFUNDS
The fees applicable for Service (“Fees”) can be found and are available by visiting the HealthView Services website and are published on a continual basis within our service or services. The pricing as listed for services we provide excludes any and all taxes and charges, unless otherwise clearly stated and defined. Registered users or their firms are fully responsible for any taxes as well as any and all other charges. Registered users will be required to pay the Fees in conjunction with your account. HealthView Services reserves the right to change any quoted pricing at any time with or without notice.
In addition to any Fees, additional incidental charges may still be incurred by using our services. Some of these charges may be, but not limited to, some of the following reasons; internet access, data roaming, other data transmission fees or surcharges. When supplying any and all payment information to HealthView Services it is required that you are authorized to use the payment method that you enter when you create a single or multiple billing accounts. You herby authorize HealthView Services to process charges for the our services using your payment method and for any paid feature and or overage of the service that you choose to sign up for or use while these Terms are in force. We reserve the right to bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; and or (d) on a recurring basis for Services. You may be charged you up to the amount you’ve approved, as well as any increase that may occur. Our intent is to notify you in advance of the difference for recurring Services but reserve the right to process any and all increases. In some instances we may elect to bill you simultaneously for multiple billing cycles or periods. Our services automatically renew and we may automatically renew your Service and charge you for any renewal term.
You must keep all information in your billing account current. You can access and modify your account information using the Account Panel. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for our service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request. You may be notified through the email address you have most recently provided to us if we change the price of the Service we provide you. If there’s a specific length and price for your Service offer, that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price regardless of an increase or decrease is cost. If your Service is on a specified period basis (for example, monthly) with no specific length, we will in most cases notify you of any price change and we will in most cases attempt to do so at least 30 days in advance. If you don’t agree to these changes, you must cancel and stop using the Service via a phone call to 855-339-2842 receive a cancellation confirmation from a HealthView Services representative. You must do so later than twenty one (21) days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise. If you cancel, your service ends at the end of your current service period. In the cases where we bill your account on a period basis services will end at the end of the period in which you canceled.
Should you fail to cancel as required when having the desire to stop receiving services we will automatically renew the Service for the same term and will charge you according to the payment information and terms on file with us commencing on the first day of the renewal term.
Payments for all accounts registered to pay via credit card, are due the date the invoice is posted on your account. All accounts registered to pay via check, wire-transfer, or Automated Clearing House (ACH), are due within thirty (30) days of billing date unless otherwise agreed-to by the parties in writing at the time of contract. Notwithstanding the foregoing, the last day of ANY free trial signifies the due date of the first payment. If payment is not received by HealthView Services on the due date, your user account or accounts will be frozen, inaccessible, and all shared links will be interrupted until all outstanding payments have been processed and received by HealthView Services. It remains the user’s responsibility for settling all outstanding balances in a timely manner and maintaining updated billing and or payment information. Should a user not comply, cancel service, or a balance remain unpaid, at the end of 90 days user and or user’s account will be deactivated and all files will no longer be retrievable and will be lost forever.
Unless we notify you otherwise, if you’re participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring new charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the Service. Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed. If you are currently on a free trial of any type you may cancel or downgrade your account free of charge at any time until seven (7) days after your account was created. The day of creation constitutes and is considered to be the first day of any trial period.
Except as prohibited by law late charges will be accessed should you not pay on time. It is required that you pay these late charges when billed you for them. The late charge will be the lesser of 1.5 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time, if you pay habitually late, or for any other reason we deem necessary.