Terms of service

Version: 2013.5
Last updated: 12/24/2013

General

This website, including all of its features and content (“Website”) is provided by HealthCrowd (“HealthCrowd”) and all content, information, services and software ordered, provided, downloaded, accessed, or otherwise used through this Website (“Content”) may be used solely under the following terms of service (“Terms of Service”). Your use of this Website constitutes your agreement to be bound by these Terms of Service.

Limited license

Subject to these Terms of Service, HealthCrowd grants you a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content. HealthCrowd may revoke this license at anytime, for any reason. Your use of this Website and Content is further subject to the terms of our Copyright and Trademark Notice, Privacy Policy, and Acceptable Use Policy, each of which is posted on this Website.

Health care disclaimer

The content, products and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

General disclaimer

This Website, access to and the use of the Website, and the Content are provided “as is,” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for any particular purpose. HealthCrowd does not warrant the accuracy or completeness of the materials, the suitability of the Content on the Website or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. HealthCrowd does not warrant that the functions contained in the materials will be uninterrupted or error-free, or that defects will be corrected. HealthCrowd may make any other changes to the Website, the Content, and the products, programs, services or prices (if any) described in the Website at any time, without notice.

Text messaging service

Users of HealthCrowd’s text messaging services agree to abide by the following terms of service: (i) to always seek the advice of your physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions or the use or frequency of any medication or medical device; (ii) to never disregard professional medical advice or delay in seeking medical advice because of information you have read in connection with HealthCrowd’s text messaging services; (iii) to be solely responsible for any decisions or actions you take based on the information available through HealthCrowd’s text messaging services; (iv) to call your physician or dial 911 on the telephone immediately if you suspect that you may be experiencing a medical emergency; (v) to address any questions relating to information available through HealthCrowd’s text messaging services to your physician or other qualified healthcare provider; and (vi) to recognize that your mobile device carrier may retain or store text messages from HealthCrowd for an indefinite period of time, even if you delete such texts from your mobile device, and that such texts may be available to anyone who has access to your mobile device.

SMS short code

HealthCrowd may use SMS short codes to provide and administer mobile messaging services for third parties. The use of these SMS short codes and the messaging services delivered using these short codes are subject to the following terms:

  1. HealthCrowd will ask for and obtain an explicit opt-in from the user for the mobile messaging programs. This can be accomplished via an SMS or MMS opt-in process, a voice response, a website registration, or using a signed opt-in form.
  2. The user may stop the mobile message programs at any time. Just text “STOP” to <short_code> and HealthCrowd will send the user an SMS message to confirm that the user has been successfully unsubscribed. After this, the user will no longer receive SMS messages from HealthCrowd.
  3. To get helpful hints about the messaging programs, just text “HELP” to <short_code>.
  4. Message and data rates may apply for any messages sent from HealthCrowd to the user and vice versa. The frequency of the SMS messages depends on the program; however, that information will always be provided through the opt-in process. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
  5. Please contact HealthCrowd for all questions about the messaging services we provide.

Information you provide

Any personally identifiable information you provide to HealthCrowd via this Website is protected by and subject to our Privacy Policy.

Limitation of damages

In no event shall HealthCrowd or any of its affiliates, subsidiaries, directors, officers, or employees be liable to any entity for any direct, indirect, special, consequential, punitive or other damages of any kind whatsoever (including, without limitation, any lost profits or revenue, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the Content (including any errors or omissions), materials, and functions of the Website or any linked website, even if HealthCrowd is expressly advised of the possibility of such damages. If you are dissatisfied with any material, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Website.

Change in terms and conditions

HealthCrowd reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms of Service in whole or in part, at any time. Changes in these Terms of Service will be effective when posted to our Website. Your continued use of the Website after any changes to the Terms of Service have been posted will be considered acceptance of those changes.

Change in content

HealthCrowd may terminate, change, suspend or discontinue any aspect of the HealthCrowd Website, including the availability of any features or Content of the Website, at any time. HealthCrowd may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. HealthCrowd may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials.

International Users and Choice of Law

This Website is controlled, operated and administered by HealthCrowd from its offices within the United States. HealthCrowd makes no representation that materials at this Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the materials in violation of U.S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of California, without giving effect to its conflict of laws provisions.

Miscellaneous

These Terms of Service constitute the entire agreement between HealthCrowd and you with respect to your access and use of our Website. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these Terms of Service shall continue in full force and effect.