Eligibility to Use The Platform
If you do not meet these eligibility requirements, you must not access or use the Platform.
We Do Not Provide Medical Advice
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE PLATFORM AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. You are encouraged to seek medical diagnosis and treatment for any medical condition and to discuss information learned through the Platform with your healthcare provider. Information provided through the Platform is provided for informational purposes only and is in no way intended to be a substitute for consulting a medical professional. Do not disregard, avoid or delay obtaining medical advice from a health care professional because of something you may have read on the Platform. Do not use the Platform for emergency medical needs. Your use of information provided on the Platform is solely at your own risk. Nothing stated or posted on the Platform or available through any services are intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. Results generated from our database are not, and should not be considered medical advice. We do not recommend or endorse any specific tests, studies, protocols, treatments, physicians, procedures, opinions, products or other information that may appear on the Platform or on links reached through the Platform. If you rely on any of the information provided by the Platform, you do so solely at your own risk. In view of the constant advances in medical knowledge and differences of opinion among medical authorities, you are advised to confirm information on this Platform with your healthcare provider.
Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.
The Company name, HealthTree, HealthTree Patient Network, Myeloma Crowd, the CrowdCare Foundation, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.
Prohibited Uses of the Platform
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone's use of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Platform. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
Otherwise attempt to interfere with the proper working of the Platform.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Platform for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY WEBSITE LINKED TO THE PLATFORM.
WE PROVIDE THE PLATFORM “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE PLATFORM IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
Limitation of Liability
To the extent that the Platform and the information and services provided through the Platform are provided free-of-charge, we will not be liable for any loss or damage of any nature;
We will not be liable for any consequential, indirect, or special loss or damage;
We will not be liable for any indirect damages, including without limitation, loss of profit, income, revenue, anticipated savings or health outcomes, contracts, business, goodwill, reputation, data, or information;
We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
Our maximum liability in relation to any event or series of related events will be limited to $100.
Third Party Terms
The Platform includes integration and links with other websites owned and operated by third parties. These links do not imply our endorsement of such third party websites and services and are provided for informational purposes only. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Information Privacy and Security
When you register as a user on the Platform, you will be required to provide us with information about yourself, such as your name, birthdate, contact information, and information about your current health and medical history. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your user profile and password, and you accept responsibility for all activities that occur under your user profile. If you believe that your user profile is no longer secure, then you must immediately notify us at [email protected].
Company is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and therefore is not required by law to comply with HIPAA’s requirements for handling protected health information. Company has a security program in place that seeks to mitigate risk to use reasonable and appropriate procedures and technologies to help protect the confidentiality of Personal Information collected through the Platform. We periodically review and modify our security policies and procedures, as appropriate.
Please note that despite our precautions, no website can be absolutely protected against intentional or malicious intrusion attempts. Furthermore, Company does not control the devices, computers, or network over which you may choose to send Personal Information to the Platform, and therefore cannot prevent potential interceptions or compromises to your information while in transit to the Platform. Company has implemented measures designed to safeguard your Personal Information, but cannot guarantee the security, integrity, or confidentiality of electronic communications or any information transmitted to or from or maintained by the Platform guarantee transmissions made over the Internet.
By posting or publishing User Content on the Platform, you grant Company, and as necessary to provide our services, to our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, in connection with providing the Platform. In the event you submit any User Content to a forum or similar page on the Platform, the license granted to Company pursuant to these Terms will be irrevocable and will survive termination.
By posting or sharing User Content with other users of the Platform, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Platform.
By posting or publishing User Content, you affirm, represent, and warrant that:
You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Company and users of the Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Company and these Terms; and
Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation.
Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content, including its legality, reliability, accuracy and appropriateness, and the consequences of posting or publishing User Content. Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Company with respect to User Content.
You understand that when using the Platform you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
Term and Termination
These Terms are effective beginning when you accept the Terms or first access or use the Platform, and ending when terminated as described below.
If you violate any provision of these Terms, your user profile on the Platform and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your user profile on the Platform, or suspend or terminate your access to the Platform, at any time, for any reason or no reason, with or without notice. You may terminate your user profile and these Terms at any time by contacting customer service at [email protected]. At your email request, we will delete your entire HealthTree profile which includes your account information and all of your data.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; and (b) you will no longer have access to your user profile.
Company reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. Company will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.
Authority to be Bound. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that he or she has authority to bind you to these Terms and you agree to be bound by these Terms.
Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
No Waiver. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of Headings. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means "including but not limited to".
Severability. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of Utah without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Utah County, Utah for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Platform from our offices in Utah, and we make no representation that materials available through the Platform are appropriate or available for use in other locations.
Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Communications. By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of Company at the email address or telephone number you provided, even if that number is on a national or state “Do Not Call List.” These calls will be for informational purposes, such as to verify your user profile or provide you with help or information on using the Platform. Standard text messaging and telephone minute charges applied by your cell phone carrier may apply. Company may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while Company processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S- 202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.