1. Introduction
Welcome and thank you for visiting Family Health Manager—the Internet-based portal purchased by and made available through provider websites ("Family Health Manager"). Family Health Manager's mission and purpose is to help you connect to local health resources and manage the health of you and your family. Family Health Manager can be used by anyone visiting the provider website. CreateHealth, Inc. d/b/a wellclicks® ("we", or "us") asks that you please read these Terms of Use ("Terms of Use") very carefully. By accessing and using Family Health Manager, including all viewable Family Health Manager content ("Content"), you agree to be bound by the terms and conditions set forth in this Terms of Use. Information on Family Health Manager may be changed and updated at any time without notice. We reserve the right to correct any errors, inaccuracies, or omissions and to update and change the information contained in this document. Your use of Family Health Manager following any such modification or change in these Terms of Use constitutes your agreement to be bound by the Terms of Use, as modified. If you do not agree with or wish to be bound by these Terms of Use, you are not authorized to access or use Family Health Manager for any purpose.
2. Users of the Site
We grant you permission to use Family Health Manager for your personal, noncommercial purposes. Your use of Family Health Manager is subject to the following general terms and conditions:
- You agree to use Family Health Manager for lawful purposes and to comply with all applicable laws, rules and regulations while using Family Health Manager.
- You represent you are at least 18 years of age and possess the legal right and ability to agree to the Terms of Use.
- You agree not to take action that might compromise the security of Family Health Manager, render it inaccessible to others, or otherwise cause damage to Family Health Manager or any Content contained on Family Health Manager.
- You agree not to add to, subtract from, or otherwise modify the Content, unique session identifiers or HTTP headers used in the displaying Family Health Manager.
- You agree not to copy, distribute, modify, transmit, re-use, re-post, or otherwise display Content for public or commercial purposes without our prior written permission to the use of such Content.
- You agree not to frame or reproduce any parts of Family Health Manager without our permission.
- You agree that Content regarding fee information, fee transactions or other pricing data available from Family Health Manager shall not be used inappropriately. Price information shall not be used to create a database of providers' rates.
- In regard to user posted content ("User Content"), such as customer feedback or message board postings, you agree to refrain from posting, delivering, or providing links to:
- Any unlawful (according to local, state, federal, or international law or regulation) postings to or through Family Health Manager, or any postings which advocate illegal activity.
- Any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
- Any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability.
- Any postings containing defamatory, false or libelous material.
- Any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity.
- Any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
- You agree not to impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive or defraud another.
- You agree not to attempt to gain unauthorized access to or perform any actions that may prevent the intended and effective operation of Family Health Manager; any related website; or other accounts, computer system or networks connected to Family Health Manager, through hacking, password mining or any other means.
3. Accuracy or Authenticity of Information
Because the information displayed on Family Health Manager and its subparts was compiled from various sources, we do not endorse, warrant or guarantee the accuracy, authenticity or completeness of any information or references displayed on Family Health Manager, or related to any of the health care providers (the "Providers" and each a "Provider") through whose website you have accessed Family Health Manager, nor shall any of this information be deemed as giving legal, medical or healthcare advice by us. Providers have entered into license and services agreements ("Client Agreement") with us to provide you access to Family Health Manager. The provider website you used to access Family Health Manager ("Provider") has developed customized Family Health Manager content to facilitate your experience on Family Health Manager.
Matches with Providers, content, events and health recommendations are made based solely on the information provided by Family Health Manager users and the Providers. We do not make any guarantees about your satisfaction with the Providers or the unique services offered ("Services"), posted and delivered by Providers you connected with using Family Health Manager. You have a choice when pursuing and initiating a new healthcare relationship. We recommend that you conduct your own research to verify the accuracy of the information Providers have displayed on Family Health Manager.
Pursuant to the Client Agreement, all Providers are responsible for the accuracy of the information they are representing or posting on Family Health Manager. Providers warrant that the Services and information displayed by them will be true, correct and complete so as not to be misleading and that such information will not be defamatory, harassing, illegal, obscene, patently offensive, profane or threatening or infringe on the rights of any other person. In addition, Providers warrant that they possess the requisite skills, knowledge, training, licensure and/or certification necessary to provide the products or services they are offering on Family Health Manager. Providers further warrant that they have not been excluded from participating in any state or federal health care program.
Certain features of Family Health Manager are made available to you through license agreements with us and other third parties. Those third parties are responsible for the functioning of those features, and we make no representations or warranties regarding those features. To the extent possible, those third parties have agreed to protect your information with at least the same care as we've agreed in these Terms of Use.
ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE THE ACCURACY OF THE INFORMATION ON FAMILY HEALTH MANAGER, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO FAMILY HEALTH MANAGER, ITS CONTENTS OR ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON FAMILY HEALTH MANAGER FOR ANY PURPOSE. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
4. Disclaimer of Liability
NEITHER WE NOR OUR AGENTS, AFFILIATES, EMPLOYEES OR CONTRACTORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, LOSS OR INJURY TO YOU, WHETHER DIRECT OR INDIRECT, ARISING OUT OF ANY OF THE INFORMATION OR MATERIALS (OR ANY PORTION THEREOF) CONTAINED OR NOT CONTAINED IN THIS FAMILY HEALTH MANAGER. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE INABILITY TO USE FAMILY HEALTH MANAGER, THE SERVICES OR THE CONTENT, EVEN IF WE OR ANY OF OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY ACCESSING FAMILY HEALTH MANAGER, INCLUDING ANY OF ITS SUBORDINATE OR AUXILLARY WEBSITES, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR AGENTS, AFFILIATES, EMPLOYEES AND CONTRACTORS AND US ARISING OUT OF YOUR USE OF FAMILY HEALTH MANAGER AND THE INFORMATION CONTAINED ON FAMILY HEALTH MANAGER.
5. Privacy Policy
You agree that you have read our Privacy Policy and agree to the terms of the policy. You give us permission to use your Personal Information as detailed in the Privacy Policy including, but not limited to, sharing of your personal information with Providers as described in the Privacy Policy. The term "Personal Information" is defined in our Privacy Policy.
6. Medical Advice
Family Health Manager is for informational purposes and does not constitute the practice of any medical, nursing or other professional healthcare advice, diagnosis or treatment. We do not recommend or endorse any specific tests, Providers, Services, products, procedures, or other information mentioned or contained on Family Health Manager. Reliance on information provided by us, employees, or others on the website is solely at your own risk. All users should consult their own medical or healthcare advisors for opinions or recommendations concerning their medical or healthcare needs.
7. Accounts and Registration
You may choose to become a registered user of Family Health Manager by creating an account with a unique username (we use your email address as your username) and password. If you utilize the online scheduling feature (once developed), you will be required to create a user account. You agree to provide accurate information during the registration process, and it is your responsibility to update this information when necessary. Loss of data due to inaccurate or incomplete information is your responsibility. You are responsible for the security of your password and any activity that occurs by an authenticated user within your account. You agree to notify us if you suspect unauthorized or unauthenticated use of your account.
If we wish to contact you, we will do so electronically including, but not limited to, postings on Family Health Manager or your specified email account. You may wish to add FamilyHealthManager@wellclicks.com, and support@wellclicks.com to your list of accepted senders in your email account to prevent the blocking of messages from Family Health Manager informing you of Services.
8. Consumer Data
You are responsible for, and have the sole and exclusive right to create, upload, modify and remove any personal information about you that you or a clinician acting on your behalf uploads to the Family Health Manager, including contact information, Family Health Manager preferences, Providers, events, health information, recommendations, interests, goals and family member information ("Consumer Data").
Once your Consumer Data is uploaded to Family Health Manager, the Provider shall own and have the right to use all Consumer Data provided, however, that such Consumer Data is generated by you in Family Health Manager. Provider shall give us, as well as other third parties who provide certain features of Family Health Manager, the right to use and view your Consumer Data for the following purposes: (A) providing a fully functioning consumer experience for any user of Family Health Manager; (B) using Consumer Data in aggregate, non-identifiable form for researching and improving the software and documentation behind Family Health Manager; and (C) to remove Consumer Data from Family Health Manager upon your request.
9. Account Termination
We have the right, at any time, to make any and all changes to your account, including suspension and termination. You continue to be bound by the terms of this agreement in the event of termination.
10. Pricing
Providers may post pricing information about their Services. We are not responsible for the accuracy of these prices.
11. Feature Changes
The features available through Family Health Manager can be added, modified or discontinued at any time. New features are subject the Terms of Use agreement immediately.
12. Scheduling of Appointments
In the future, you may be able to schedule Services using Family Health Manager. If so, you agree that we may pass your personal information to Providers for scheduling appointments. You agree to attend any scheduled appointment and understand it is your responsibility to change or cancel an appointment, according to the terms of the Provider's cancellation policy, if applicable. Any charges incurred as a result of the cancellation are your sole responsibility. If you are scheduling any Services for an individual other than yourself, you warrant that you have the authority to do so. Providers are solely responsible for the accuracy and fulfillment of Services you have scheduled via Family Health Manager. We provide the connection between the two parties, and it is the responsibility of both the users and Providers to fulfill duties related to the fulfillment of the appointment. Neither we, nor Providers, are responsible for delays or errors related to appointment scheduling caused by incorrect data provided including email address or other uncontrollable technical problems.
13. Beta Features
You may see features describes as "beta" within Family Health Manager. These features are being tested by us and our users with the aim of continuing to innovate and provide better value for our customers. We do not guarantee the functionality of these features and have the right to add or remove them at any time.
14. Third-Party Sites
As a convenience to Family Health Manager users, we may provide links and pointers to Internet web sites maintained by third parties. We are not responsible or liable for any such sites and do not operate or control any of the information, products or services on these sites, nor endorse or make any representation or warranty regarding these sites. You assume total responsibility and risk for your use of these third-party sites, and your use may be subject to such third-party's terms of use and privacy policies.
15. Advertisements
Family Health Manager may contain advertisements and promotions from Providers. These advertisements do not constitute or imply an endorsement, sponsorship or recommendation by us. You agree that we are not responsible for the availability of any of these external products or Services and do not warrant or endorse the effectiveness of any external products, Services or sites.
16. Virus Protection
We are not responsible for any electronic virus or viruses, worms, or other harmful or intrusive components (exploits) that you may encounter through your connection to the Internet. We strongly suggest that you routinely scan your computer and any connected storage media or devices using a reliable up-to-date virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus, intrusion or exploit may corrupt data and/or destroy your software programs, files or hardware.
17. Intellectual Property Rights and Claims of Infringement
The information, materials and content displayed on Family Health Manager, including but not limited to names, logos, service marks and trademarks, are protected by U.S. and international copyright, trademark and other laws, and are our property. The use or misuse of the content, except as provided in these Terms of Use or in additional terms and conditions applicable to specific areas of Family Health Manager, is strictly prohibited.
The use of third-party names, logos, service marks and trademarks in Family Health Manager is agreed upon by that third-party and the same rules apply. Our use of any third party names, logos, service marks and trademarks, and the availability of the services of these third parties, does not imply that we endorse the third party or its services.
You may print copies of the information on Family Health Manager for your personal use, store files with Content from Family Health Manager on your computer for personal use, or reference Family Health Manager's server from your own documents. However, you may not distribute text or graphics to others without our express written consent. Also, you may not, without our permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. We reserve all other rights.
18. Notice of Claim of Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. Upon receiving proper notice, we will act to remove or disable access to material as set forth in the Digital Millennium Copyright Act. Any notifications of claimed copyright infringement must be sent to us at the address below. When notifying us of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyrighted material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
wellclicks
490 S. Maple Street
Suite 205
Waconia, MN 55387
19. Indemnity by Users
You agree to indemnify, hold harmless and defend our subsidiaries, affiliated companies, business partners, providers, licensors, employees, agents, any third-party information providers and us from and against any and all claims, liabilities, costs and losses, including reasonable attorney's fees, arising from any violation of these Terms of Use by you.
20. Terms of Enforceability
If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties or, in the alternative, severed from this agreement. The remaining provisions shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use.
If not otherwise expressly stated to the contrary elsewhere within Family Health Manager or reserved by federal law, any cause of action which you may have with respect to the Family Health Manager is governed by the laws of the State of Minnesota. Any cause of action must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
21. Geography
Family Health Manager has been created for use in the United States only.
22. Age Eligibility
You must be 18 years of age or older to use Family Health Manager, all Family Health Manager features, register as a user, and use any of the Services offered by Providers.
23. Acceptance of Terms of Use
Your use of Family Health Manager as a registered user and a visitor is subject to the Terms of Use and the applicable Privacy Policy. BY USING FAMILY HEALTH MANAGER, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THE TERMS OF USE AND THE APPLICABLE PRIVACY POLICY. We reserve the right to modify this Terms of Use at any time. If we decide to change the Terms of Use, we will post changes to this Terms of Use page and any other places deemed appropriate so that you are aware of the changes. If any material changes are made to this document, we will notify you here, or by other means, such as email, at our discretion. Your continued use of any portion of Family Health Manager following posting of the updated Terms of Use will constitute your acceptance of the changes.
24. Contacts
If you have any comments on or questions about the Terms of Use, please contact us at:
wellclicks
490 S. Maple Street
Suite 205
Waconia, MN 55387
25. Effective Date
The Terms of Use were last revised on May 10, 2012.
