These Terms of Use are effective January 15, 2023 and replace all prior Terms of Use
Welcome to 1-800HEALTH, an online and telephony service provided by 1-800HEALTH, Inc. offering
information about healthcare providers.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE THE 1-800HEALTH.COM WEBSITE: BY USING,
BROWSING OR ACCESSING THE WEBSITE, YOU ARE CREATING A BINDING CONTRACT BETWEEN YOU AND 1-800HEALTH,
INC. AND AGREEING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND ARE BOUND BY THESE TERMS.
If you do NOT agree with any of the terms, conditions or requirements of these Terms of Use, please
do NOT browse or access the website.
The 1-800HEALTH.com website and the 1-800HEALTH telephony service (collectively, "1-800HEALTH") is
provided to You by 1-800HEALTH, Inc., including any of its related, affiliated and/or subsidiary
companies (individually and collectively, "1-800HEALTH,"We" or "Us"). 1-800HEALTH does not provide
medical or health advice but offers information on practicing physicians and other healthcare
providers.
1-800HEALTH obtains information from physicians and hospitals to help patients make informed choices
in their search to independently assess particular physicians and other providers of healthcare
services (collectively, "Healthcare Providers").
Information is free of charge to the consumer and is offered to the public for its non-commercial
use. 1-800HEALTH does not charge most physicians to use its service; however, physicians practicing
in some specialties do pay membership fees to 1-800HEALTH for their right to participate in
advertising cooperatives to promote their specialties and to list themselves as physicians
practicing within those specialties. Hospitals pay 1-800HEALTH license fees to use its telephone
number, URL and other assets to promote the hospitals' physician referral services. 1-800HEALTH
anticipates forming relationships with corporations who manufacture, sell or distribute medical
products, services and devices and who may want to advertise their products and services directly to
consumers. Consumers who elect to use 1-800HEALTH online or telephony services are deemed to have
agreed to accept information or offers of such products, services or devices.
1-800HEALTH does not sell or distribute identifiable information concerning consumers who use its
services to third parties but does share such information with its hospital licensees who use it to
determine whether consumers using a 1-800HEALTH service subsequently use a hospital service.
Doctors who appear in online and telephonic searches performed by 1-800HEALTH on behalf of consumers
are listed based on the consumers' stated preferences relating to factors such as, but not limited
to, type of practice, location, insurance, gender, languages spoken, educational background and
professional training.
The following Terms of Use are a User Agreement that governs Your access to and use of 1-800HEALTH,
including physician profiles and other informative details about the Healthcare Providers and any
other content (collectively, the "Content") and all of the products and services (collectively, the
"Products and Services") offered by 1-800HEALTH available on or through 1-800HEALTH. The words
"User," "You" and "Your" as used in this agreement refer to users of 1-800HEALTH, including, without
limitation, Healthcare Providers who access 1-800HEALTH to edit any Content related to them and
users who post ratings, reviews and/or comments about Healthcare Providers.
USER AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "I AGREE" BUTTON ASSOCIATED WITH THIS USER
AGREEMENT OR ACCESSING, USING OR BROWSING 1-800HEALTH OR ANY OF THE CONTENT OR THE PRODUCTS AND
SERVICES.
BY CLICKING ON "I AGREE," OR BY ACCESSING, BROWSING OR USING 1-800HEALTH OR ANY OF THE CONTENT OR
THE PRODUCTS AND SERVICES, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE
THAT:
YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS
USER AGREEMENT;
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT;
THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND
1-800HEALTH; AND
IF ACCESSING, BROWSING OR USING 1-800HEALTH OR ANY OF THE CONTENT ON BEHALF OF AN ENTITY, YOU HAVE
FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN
DO NOT SELECT THE "I AGREE" BUTTON ASSOCIATED WITH THIS USER AGREEMENT OR ACCESS, BROWSE OR USE
1-800HEALTH OR ANY OF THE CONTENT OR THE PRODUCTS AND SERVICES. MOREOVER, 1-800HEALTH DOES NOT AND
WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE 1-800HEALTH, THE CONTENT OR THE
PRODUCTS AND SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE PRECEDING ACKNOWLEDGEMENT.
LICENSE
You agree by accessing, browsing or otherwise using 1-800HEALTH, including the Products and
Services, 1-800HEALTH and the Content are and remain the sole property of 1-800HEALTH. Except as
expressly permitted by 1-800HEALTH in writing, You agree that Your license to access, browse and/or
use the Content and Products and Services is limited solely to a personal, revocable, nonexclusive,
non-transferable license to (i) access and view 1-800HEALTH and the Content, and (ii) copy, download
and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of any
such Content solely for Your non-commercial use and not for resale or distribution to anyone else.
You also agree that, with respect to any copy of the Content that You download, create, generate,
store and/or print, You will reproduce and include all copyright and other proprietary notices
included in any such Content.
The terms "1-800HEALTH" and "1-800HEALTH.COM" are Service Marks registered in the United States
Patent and Trademark Office. Except as expressly permitted by 1-800HEALTH in this User Agreement or
otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit,
download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror,
frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble
any aspect of 1-800HEALTH or any of the Content, in whole or in part, in any form or by any means,
whether manual or automatic. Further, You may not use any metatags, meta elements, "hidden text" or
other equivalents using the names "1-800HEALTH, Inc.," "1-800HEALTH" or www.1-800HEALTH.com, or any
other colorable equivalent without the prior written authorization of 1-800HEALTH.
SUBMISSIONS
You acknowledge and agree that by submitting remarks, suggestions, ideas, graphics, feedback, edits,
concepts or comments to 1-800HEALTH through 1-800HEALTH (individually and collectively, the
"Submissions"), you (i) grant 1-800HEALTH a nonexclusive, royalty-free, perpetual, transferable,
irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute,
publish, create derivative works from and publicly display and perform the Submissions throughout
the world in any media, now known or hereafter created without attribution, (ii) grant 1-800HEALTH
the right to pursue at law any person or entity that violates Your and/or 1-800HEALTH's rights in
Your Submissions, and (iii) forever waive any and all of Your rights, including but not limited to
moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or
requirements of attribution or identification of You as the author of the Submissions or any
derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and
do not contain proprietary information.
Except as described in 1-800HEALTH's Privacy Policy (the "Privacy Policy"), 1-800HEALTH will not be
required to treat any of Your Submissions as confidential, and you acknowledge and agree 1-800HEALTH
may use in connection with its business any of the concepts and ideas contained in Your Submissions
(including without limitation, product or advertising ideas) without compensation to You and
1-800HEALTH will not incur any liability to You as a result of any similarities between concepts and
ideas contained in Your Submissions and future 1-800HEALTH operations and business. Except as
otherwise set forth in this User Agreement, 1-800HEALTH will be entitled to use the Submissions for
any commercial or other purpose whatsoever without compensation to You or any other person.
Your Submissions, including personally identifiable information contained therein, are made
voluntarily and are subject to the Privacy Policy (see below). You are responsible for the content
of Your Submissions and agree to defend (at 1-800HEALTH's option and at Your sole expense),
indemnify and hold 1-800HEALTH harmless from any damages, losses, costs, or expenses, including
reasonable attorneys' fees, which 1-800HEALTH may incur as a result of Your Submissions.
With respect to Your Submissions, You acknowledge, warrant and agree that:
If your Submissions concern Healthcare Providers, Your Submissions will be true and accurate, are
the original work of Your authorship, only concern or relate to the care or service that You, Your
minor child or Your ward received from the Healthcare Providers being reviewed, that You are not
related to or employed by the Healthcare Providers being reviewed and that You are not impersonating
any other person;
If You are a Healthcare Provider submitting or editing any Content, Your Submissions will be true
and accurate, are the original work of Your authorship, You are the Healthcare Provider specifically
identified in the Content being submitted or edited, and Your Submissions will only concern You and
the services that You provide.
If You are a person authorized by a Healthcare Provider to submit or edit Content specifically
related to that Healthcare Provider, Your Submissions will be true and accurate, are the original
work of Your authorship, You are authorized by the Healthcare Provider identified in the Content
being submitted or edited to make such edits and Submissions and Your Submissions will only concern
that Healthcare Provider and the services provided by that Healthcare Provider.
You have the right to make Your Submissions without violating the copyright, trademark, patent or
other intellectual property rights of any person or entity, and the Submissions will not contain any
content, personally identifiable information (other than the name of the Healthcare Providers being
reviewed), information, or materials of any kind that relates or refers to any other person or
entity other than the person or entity being reviewed;
Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of
others, including but not limited to the use of names, information, or materials that (i) libel,
defame, or invade the privacy of any third party, (ii) are obscene or pornographic, (iii) harmful,
threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually,
ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such
Submissions may be accessed, (iv) constitute personal attacks on other individuals, (v) infringe the
intellectual property, trade secret or proprietary rights of any third party, (vi) promote criminal
or other illegal activity, (vii) promote or advertise any person, product or service or solicit
funds, or (viii) are deemed confidential by any contract or policy.
1-800HEALTH retains the right to review and delete or remove from public view on 1-800HEALTH and
delete from any other media or server where Your Submissions may be stored or displayed by or on
behalf of 1-800HEALTH, any Submissions, which 1-800HEALTH in its sole discretion considers illegal,
offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise
violates the terms and conditions of this User Agreement. If notified of an allegation that
1-800HEALTH contains infringing information, materials or other content, 1-800HEALTH may investigate
the allegation and determine in 1-800HEALTH's sole discretion whether to remove or request the
removal of the same from 1-800HEALTH and from any other media or server where the infringing content
may be stored or displayed by 1-800HEALTH.
USER IDS AND PASSWORDS
Access to certain areas of 1-800HEALTH, the Content and the Products and Services may become limited
by a user identifier ("User ID") and password, which are selected and/or supplied by You as part of
registering for a service account via the 1-800HEALTH.com website (the "1-800HEALTH account"). By
registering a 1-800HEALTH account, You represent, warrant and agree that: (i) You are at least 18
years of age, (ii) You are using Your actual identity, (iii) You have provided only true, accurate,
current and complete information about You during the registration process, and (iv) You will
maintain and promptly update the information that You provide to keep it true, accurate, current and
complete.
By logging onto a 1-800HEALTH account using a password, You represent, warrant and agree that You
are authorized to use such password and to engage in the activities that You conduct thereunder. You
further agree that You will be solely responsible for the maintenance and security of Your User ID
and password. You also agree that You will be solely responsible for any activities conducted on or
through 1-800HEALTH in connection with Your User ID and password regardless of whether or not You
are the individual who undertakes such activities. This includes any unauthorized access and/or use
of Your account or Your computer. Accordingly, You release and hold harmless 1-800HEALTH from any
and all claims and causes of action arising out of or resulting from a third party's unauthorized
use of Your 1-800HEALTH' account. Your User ID and password are unique to You, and You agree not to
disclose or share Your User ID and password to or with any third party.
1-800HEALTH reserves the right to deny or revoke access to 1-800HEALTH, or any part thereof, at any
time in its sole discretion, with or without cause. Your access to 1-800HEALTH will terminate upon
the termination of this User Agreement for any reason at the sole discretion of 1-800HEALTH. If You
wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a
password, please notify 1-800HEALTH immediately by sending an e-mail to support@1-800HEALTH.com.
SITE MONITORING
1-800HEALTH may monitor or review any areas on 1-800HEALTH where, in the future, Users may transmit
or post communications or communicate solely with each other, for the purpose of promoting its
efficiency, usefulness, appropriateness of use and compliance with this User Agreement. However,
1-800HEALTH does not undertake to monitor or review any or all Submissions, or every posting or
communication, and 1-800HEALTH disclaims any liability related to the content of any such postings
and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy,
obscenity, or otherwise.
1-800HEALTH is not responsible for screening, policing, editing or monitoring the Submissions and
other third party statements posted or displayed on 1-800HEALTH, including, without limitation, all
third party advertising posted or displayed on 1-800HEALTH. While 1-800HEALTH, from time to time and
in its discretion, may monitor the content of the Submissions and other third party communications
posted or displayed on 1-800HEALTH, 1-800HEALTH does not endorse, support, sanction, encourage,
verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted
on 1-800HEALTH by Users and other third parties. Any information or material placed on 1-800HEALTH
by Users or other third parties, including advice and opinions, are solely the views and
responsibility of those posting such information or material, and do not necessarily represent the
views of 1-800HEALTH. 1-800HEALTH reserves all of its rights to discontinue in its sole discretion
the Products and Services provided on 1-800HEALTH in general or to any User or Healthcare Provider
at any time.
Subject to the terms of the Privacy Policy, which is incorporated and made part of this User
Agreement, 1-800HEALTH may disclose to third parties any records, electronic communications,
information, materials or other content of any kind (i) if 1-800HEALTH believes in good faith that
the law or legal process requires it, (ii) if such disclosure is necessary or appropriate to operate
1-800HEALTH, or (iii) to protect 1-800HEALTH's rights and property or the rights and property of
1-800HEALTH's users and business partners.
PRIVACY POLICY
1-800HEALTH recognizes the importance of protecting the privacy of Users and visitors to
1-800HEALTH. The 1-800HEALTH Privacy Policy is incorporated and made part of this User Agreement. To
view the most current version of the Privacy Policy, please visit the Privacy Policy page on the
1-800HEALTH.com website or click here, if you are reading this on the 1-800HEALTH.com website. Any
changes to the Privacy Policy will be communicated on the Privacy Policy page on the 1-800HEALTH.com
website.
INTELLECTUAL PROPERTY
All right, title and interest in and to the Content, including without limitation the graphical
display and arrangement of 1-800HEALTH and the Content, and all intellectual property rights
embodied therein, are the property of 1-800HEALTH or its licensors or suppliers, including any of
the Content that may be stored or displayed by 1-800HEALTH on other media or servers. 1-800HEALTH
and the Content contained and referenced therein are for informational purposes only. Any
reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by
this User Agreement or by 1-800HEALTH's express authorization.
USE OF 1-800HEALTH
Without limiting anything else contained in this User Agreement, You agree and acknowledge that:
The Content, Submissions, databases used to store the Content, Submissions, Products and Services
("Databases") and any other information contained therein are valuable intellectual property owned
by or licensed to 1-800HEALTH, and that no proprietary rights therein are being transferred to You
by this User Agreement.
You will not, directly or indirectly:
Use any of the Content, Submissions, Databases and any other information contained therein for any
purposes other than Your personal, non-commercial evaluation of Healthcare Providers,
Use the Content, Submissions, Databases, Products and Services and any other information contained
therein to compile mailing lists or other lists of Healthcare Providers for commercial purposes,
Use the Content, Submissions, Databases, Products and Services and any other information contained
therein to establish independent data files or otherwise amass statistical information thereof or
therefrom,
Use the Content, Submissions, Databases, Products and Services and any other information contained
therein in violation of any applicable laws or regulations,
Publish or distribute in any medium Content, Submissions, Databases, any other information contained
therein, and/or summaries or subsets thereof to any person or entity,
Attempt to access or access any other User's account,
Attempt to obtain or ascertain or obtain or ascertain any other User's user name, password and/or
personal information by any means whatsoever,
Attempt to elude 1-800HEALTH's security systems,
Attempt to gain access or gain access to 1-800HEALTH in a fraudulent manner,
Use 1-800HEALTH for any purposes other than those intended by 1-800HEALTH, as determined by
1-800HEALTH in its sole discretion, or
Upload or submit any data or information containing viruses or any computer code, corrupt files or
programs engineered or intended to disrupt or destroy the functionality of any software, hardware,
telecommunications, networks, servers, or other equipment.
You specifically acknowledge and agree that any and all misappropriation or misuse of the Content,
Submissions, Databases, Products and Services and any other information contained therein will cause
irreparable harm to 1-800HEALTH and that in such event money damages will not constitute sufficient
compensation to 1-800HEALTH; consequently, in the event that You, directly or indirectly,
misappropriate or misuse any of the Content, Submissions, Databases, Products and Services and/or
any other information contained therein, You specifically consent to 1-800HEALTH obtaining
injunctive relief against You in addition to any other legal or financial remedies to which
1-800HEALTH may be entitled.
1-800HEALTH reserves the right to modify and/or discontinue 1-800HEALTH at any time, for any reason
and without notice, and to terminate Your password and account should you be in violation of this
User Agreement, including, but not limited to, the provisions of this section entitled "Use of
1-800HEALTH".
NO MEDICAL ADVICE
1-800HEALTH is not a provider of medical advice and no Content or other information contained on
1-800HEALTH should be construed as medical and/or health advice. Always seek the advice of Your
physician or other qualified Healthcare Provider for answers to any questions You may have regarding
a medical or health related condition. Neither the Content, other information contained on
1-800HEALTH, nor any other service offered by or through 1-800HEALTH is intended to be relied upon
for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of
something You have read on 1-800HEALTH.
1-800HEALTH does not recommend or endorse any particular Healthcare Provider whose information
appear on 1-800HEALTH. Rather, 1-800HEALTH is only a "conduit" or intermediary that provides the
aforementioned Content regarding Healthcare Providers. No Content or other information contained on
1-800HEALTH should be construed as an endorsement of a particular Healthcare Provider. The Content
and other information on 1-800HEALTH include statements of opinion, which are not statements of fact
or 1-800HEALTH's recommendations to utilize the services of any specific Healthcare Provider. You
should obtain any additional information necessary to make an informed decision prior to selecting
and using any specific Healthcare Provider.
The opinions expressed on 1-800HEALTH are those of its Users and not 1-800HEALTH. The Content is
presented in summary form, is general in nature, and is provided for informational purposes only.
1-800HEALTH does not offer advice regarding the quality or suitability of any particular Healthcare
Provider for any condition, including specific treatments or health conditions.
You agree to assume all responsibility in connection with choosing any Healthcare Provider, whether
or not You obtained information about such Healthcare Provider on or through 1-800HEALTH. You
specifically acknowledge and agree that 1-800HEALTH is not responsible or liable for any advice,
treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and
other claims that may arise directly or indirectly from any such advice, treatment or other
services.
LINKS
Internet websites and mobile applications that are not owned, operated or controlled by 1-800HEALTH
("other websites and applications") may link to or from 1-800HEALTH. Such other websites and
applications contain information created, published, maintained, or otherwise posted by
organizations not related to and otherwise independent of 1-800HEALTH. 1-800HEALTH does not endorse,
approve, certify, maintain, or control these other websites and applications and does not guarantee
the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at
such addresses or on such applications. Use of any information obtained from such other websites and
applications is voluntary, and reliance on it should only be undertaken after an independent review
of its accuracy, completeness, efficacy, and timeliness as well as those other websites' and
applications' respective terms of use and privacy policies. Neither the inclusion of the link on
1-800HEALTH nor reference on the other websites and applications to any Healthcare Provider,
product, process, or service by name, trade name, trademarks, service mark, manufacturer, or
otherwise constitutes or implies endorsement, recommendation, or referral by 1-800HEALTH. You
acknowledge and agree that 1-800HEALTH shall not be liable for any damages or injury resulting or
arising from the content of or access to such other websites and applications.
1-800HEALTH does not make any representations or give any warranties or conditions with respect to
any information contained in or at such other websites and applications and You acknowledge and
agree that 1-800HEALTH shall not be liable for any damages or injury resulting or arising from the
content of or access to such other websites and applications. 1-800HEALTH does not endorse the
individuals, companies or other similar entities, or any products or materials associated with such
individuals, companies or other similar entities, which provide a link to 1-800HEALTH. Unless
approved in writing in advance by 1-800HEALTH, You agree not to: (i) provide or create a link to
1-800HEALTH, or (ii) create any frames at any other websites or mobile applications pertaining to
any of the Content located at 1-800HEALTH.
DISCLAIMERS
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
1-800HEALTH AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS.
1-800HEALTH MAY MAKE CHANGES OR IMPROVEMENTS THERETO AT ANY TIME WITHOUT NOTICE. 1-800HEALTH AND THE
CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR
IMPLIED. 1-800HEALTH DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES
AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF
THE SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH 1-800HEALTH.
1-800HEALTH DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF OR YOUR ACCESS TO THE 1-800HEALTH.COM
WEBSITE, THAT 1-800HEALTH AND YOUR USE OF 1-800HEALTH WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT 1-800HEALTH OR THE SERVER OR CODE THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 1-800HEALTH DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF 1-800HEALTH AND/OR THE CONTENT IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND
NOT 1-800HEALTH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF 1-800HEALTH AND THE
CONTENT IS ENTIRELY AT YOUR OWN RISK.
1-800HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT 1-800HEALTH
OR ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER
PURPOSE. 1-800HEALTH DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY
AGREEMENTS YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU OBTAIN FROM HEALTHCARE PROVIDERS OR THIRD
PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH 1-800HEALTH, AND YOU AGREE TO LOOK SOLELY TO
SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH
AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
LIMITATIONS ON LIABILITY
1-800HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF 1-800HEALTH AND THE
CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. 1-800HEALTH WILL NOT BE
LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND
DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE
INABILITY TO USE, OR RELIANCE UPON, 1-800HEALTH AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED
ON OR THROUGH 1-800HEALTH, EVEN IF THERE IS NEGLIGENCE BY 1-800HEALTH OR BY AN AUTHORIZED
1-800HEALTH REPRESENTATIVE, OR AN AUTHORIZED 1-800HEALTH REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
SUCH DAMAGES. 1-800HEALTH'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT
BE GREATER THAN THE AMOUNT YOU PAID TO 1-800HEALTH, IF ANY, TO ACCESS OR USE 1-800HEALTH.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 1-800HEALTH AND ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND
ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
YOUR USE OF 1-800HEALTH AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH
1-800HEALTH,
ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION
VIEWED OR OBTAINED ON, FROM OR THROUGH 1-800HEALTH,
ANY BREACH BY YOU OF THIS USER AGREEMENT,
ANY SUBMISSIONS YOU MAKE OR POST ON 1-800HEALTH, AND
ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH 1-800HEALTH (INCLUDING, WITHOUT LIMITATION,
INFRINGEMENT OF THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR
WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING 1-800HEALTH USING YOUR 1-800HEALTH ACCOUNTOR
YOUR COMPUTER.
RELEASE FOR FORCE MAJEURE
You absolve and release 1-800HEALTH and its officers, directors, shareholders, employees, agents,
content providers, customers and suppliers from any claim of harm resulting from any cause(s) over
which 1-800HEALTH or they do not have direct control, including, but not limited to, failure of
electronic or mechanical equipment or communication lines, telephone or other interconnect problems,
computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe
weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental
restrictions.
TERM AND TERMINATION
This User Agreement will take effect at the earlier of the time You click "I Agree" to this User
Agreement or that You access, browse or use 1-800HEALTH or any of the Content, and continues in
perpetuity unless terminated by You in accordance with this provision and/or by 1-800HEALTH.
1-800HEALTH reserves the right, at any time and for any reason, without notice to You, (i) to deny
You access to 1-800HEALTH and any of the Content, (ii) to change, remove or discontinue any of the
Content or services available on or through 1-800HEALTH, or (iii) to terminate this User Agreement.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from
1-800HEALTH, including, without limitation, permanently deleting all of the Content you have copied
or stored on any computer, mobile device and any media; and (b) all related documentation. In
addition, and upon 1-800HEALTH's request, You agree to certify in writing that all of the Content
has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation
and grant of property rights and other terms and conditions of this User Agreement which by their
nature are intended to survive and will survive the termination or expiration of this User Agreement
for any reason.
NOTICES
Any notice or other document or communication required or permitted hereunder to 1-800HEALTH will be
deemed to have been duly given only if in writing and delivered by any of the following methods:
Certified U.S. mail, return receipt requested, postage prepaid, to 1-800HEALTH, 730 W 18th Street
Burley, Idaho; or
Email sent to
support@1-800HEALTH.com.
Notices to 1-800HEALTH shall be deemed delivered when actually received by 1-800HEALTH.
Any notice or other document or communication from 1-800HEALTH required or permitted hereunder will
be sent to the e-mail address that You provide when You register with 1-800HEALTH (or any updated
e-mail address that You may provide after registering). Such notice will be deemed received by You
the business day after the e-mail is sent, whether or not You provided an accurate or current e-mail
address.
Should You elect to send or receive e-mail communications of any kind to or from 1-800HEALTH, You
represent and warrant to 1-800HEALTH that Your e-mail service has appropriate and adequate security
systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, 1-800HEALTH controls and operates 1-800HEALTH from the United
States of America and makes no representation that the Content is appropriate or available for use
in other locations. You are responsible for compliance with applicable local laws including, without
limitation, all export and import laws. Some of the Content may be subject to export controls
imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i)
into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to
anyone in the US Treasury Department's Specially Designated national list, or (iii) to anyone on the
US Commerce Department's Table of Denial Orders. If You download or use the Content, You represent
and warrant that You are not located in, or under the control of, or a national or resident of any
such country or on any such list.
Access, browsing and use of 1-800HEALTH, the Content and this User Agreement, and all matters or
issues collateral thereto are all governed by United States federal law and/or the laws of the State
of New Jersey, without regard to any conflict of laws provisions that would refer to and/or apply
the substantive laws of another jurisdiction.
ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR DOWNLOADING, INSTALLATION OR USE OF
THE 1-800HEALTH WEBSITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF
NEW JERSEY, U.S.A., AND YOU AND 1-800HEALTH AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT
VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
WAIVER
No delay or omission by 1-800HEALTH to exercise any right occurring upon any noncompliance on Your
part with respect to any of the terms of this User Agreement will impair any such right or power or
be construed to be a waiver thereof. Any waiver by 1-800HEALTH of any of the covenants, conditions
or agreements to be performed by You will not be construed to be a waiver of any succeeding breach
thereof or of any covenant, condition or agreement herein contained.
SEVERABILITY
If any portion of this User Agreement is adjudged invalid or unenforceable by a court of competent
jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
INDEPENDENT CONTRACTOR
1-800HEALTH is an independent contractor; nothing in this User Agreement shall be construed to
create a partnership, joint venture, or agency relationship between You and 1-800HEALTH.
CONTINUED USE DEEMED ACCEPTANCE
1-800HEALTH reserves the right, at its sole discretion, to change, alter, amend or otherwise
modify
this User Agreement from time to time. 1-800HEALTH will post any changes on this page (with
the
effective date of the update near the top of this page). 1-800HEALTH encourages You to check
back
and review this agreement for any updates or modifications. After any such modification
becomes
effective, 1-800HEALTH will deem Your continued use of 1-800HEALTH or any of the Content to
constitute Your acceptance of and agreement to such modification.
ENTIRE AGREEMENT
This User Agreement constitutes the entire agreement between You and 1-800HEALTH with
respect to
Your use of 1-800HEALTH, the Content and the Products and Services, and supersedes any and
all prior
understandings or agreements between You and 1-800HEALTH, whether written or oral. You
acknowledge
that, in providing You access to and use of 1-800HEALTH and the Content, 1-800HEALTH has
relied on
Your acceptance of this User Agreement.
