Healthimize.com General Terms of Service

These Terms of Service are for you to read and understand. Before using this website, you MUST agree to all of these terms and conditions and agree to adhere by them. By using the Website in any way, you are agreeing to comply with the Terms of Use. If you do not agree with any parts of these terms and conditions, you are prohibited to use this site.

Healthimize and its parent company Emma Concepts International, Inc (“Healthimize”) reserve the right to revise and update these terms and conditions at any time. Should you choose to use Healthimize, you agree to abide by these current terms and any future changes, additions and updates.

Healthimize is in Beta testing phase. By using this site, you agree to test and evaluate Healthimize and by doing so provide useful information that will help complete the development of this website. The beta phase is expected to be completed by the end of 2010. Upon completion of the beta testing phase, you may be asked to participate in a short survey or provide us with your feedback.

Since this website is still under development, it may contain defects and errors. You should take safeguards to protect your computer and personal data from any consequential damage or loss. You agree to use this site at your own risk.

This website does not provide or contain medical advice

The entire content of Healthimize, including but not limited to graphics and text ("content"), are for educational purposes only. Healthimize does not provide its content for medical purposes such as diagnosis, treatment or general medical advice or recommendation. You should seek proper medical attention from a licensed or qualified health care professional for any question or concern you might have. Only recommendation and advice from a licensed and qualified health care professional should be followed and regarded as such - not the content you find on Healthimize (even if it is implied that it is from a licensed professional.) In case of an emergency, contact your health care provider or emergency services (i.e. 911 in the United States).

Age Restriction

To use this site you must be at least 18 years of age.

Use of content

Healthimize authorizes you to view the content of this site for your own non-commercial and personal use. You may not copy any sections of this site, including but not limited to its content, data, the site's design and navigational methods. You may however, download or print a single copy of any page on Healthimize for personal use so long as you include a mandatory copyright notice: "Copyright (c) 2007-2010 Healthimize.com. All rights reserved."

Healthimize's site design, functionality and content are protected under the United States and international copyright laws. Any use of this site outside the permissions granted under this Terms of Service is a violation of this same Terms of Service and may breach abovementioned copyright laws.

Sexual Explicit

Medicine can be sexually explicit at times. Certain parts of Healthimize contain sexually unambiguous medical pictures, illustrations or general content that may be offensive or inappropriate to some. User discretion is strongly advised. Healthimize will diligently try to (even though it is not obliged to) regulate sections that are intended for mature medical audiences.

Advertising policy

Healthimize displays advertisements on its site. Often times these advertisements are medically related. Presence of these advertisements or content mentioning a particular physician, procedure, product, medication, opinion or other site content does not mean that they are endorsed or recommended by Healthimize. Should you choose to trust such content, you agree to do so at your own risk.

Spamming

Healthimize has a strict anti-spamming policy. Should you engage in spamming you will be permanently banned from the site by the use of IP blocking technology. Your termination of access is enforced under a "zero tolerance policy", which signifies that you will not be given a warning prior to your permanent ban from the site. Spamming is generally regarded as any message or user-contributed input to the site which contains offensive, unrelated, inappropriate and unsolicited material. Determination of whether a particular message or material falls in the category of spam is at the sole discretion of the webmasters of Healthimize.

User Submitted Content

Certain sections of Healthimize contain material submitted by its users. These sections include the forums, the community section and certain ratings or reviews submitted in regards to certain entities or providers (including health care providers, hospitals, universities, residency programs, etc…), chat rooms, forums, blogs, product reviews, news commenting ("Public Areas"). Healthimize does not monitor these user submitted entries for accuracy, timeliness or fitness for a particular purpose and therefore is not responsible for them. User submitted content including but not limited to reviews, ratings, forum topics and other submitted content do not necessarily reflect the opinion of Healthimize. It is the responsibility of the posting party to agree with the following guidelines whenever they are posting any content to Healthimize:

• You agree not to post, email or privately exchange (using Healthimize software) any content that violates any third party rights, including but not limited to, intellectual property laws and copyright laws.
• You agree not to post, email or privately exchange (using Healthimize software) any content that is meant to be confidential or privileged.
• Your submissions to Healthimize, either via email or posting material to public areas such as blogs, product ratings and reviews and forums automatically grants Healthimize a royalty-free (non-retractable), nonexclusive license. This license allows Healthimize to reproduce, recreate, modify, redistribute and generally use the material at Healthimize's discretion via its online site or other media forms freely.
• You agree that the content you transmit to Healthimize may never be removed after its submission, even if it contains errors.
• You agree not to falsely represent yourself via your posting (s) or impersonate another person. This includes introducing or presenting your material as though they are being offered by a licensed physician, when the submitter is not a fully qualified/licensed physician.
• You agree not to post any material that is deliberately deceptive.
• You agree not to post any material that is unlawful, slanderous, libelous, hateful and defamatory to any third party or Healthimize outside of first amendments rights and privileges of free speech.
• You agree not to distribute malicious software codes or viruses through this site, technology or Healthimize in general.

Furthermore, the users of the public areas of this site, including but not limited to, blogs, forums and other user-submitted content agree with the following prior to using those areas:

• You agree not to use this site or public areas if it for any reason violates your local, state or international laws.
• You agree to sole responsibility for the consequences of engaging in communication with other individuals in Healthimize's public and other areas.
• You agree to rely on information you receive in this public areas or any other area of Healthimize at your risk.
• You agree that Healthimize has not and cannot realistically verify statements made in these public areas by other users and therefore you are fully responsible for the consequences that may arise as a result of your communication or reliance on public area information.
• You agree not to use the information provided in these public areas for any other purpose than what is granted under these Terms of Service.
• You agree to reasonably safeguard your username and password (among other information) and prevent to the best of your ability unauthorized access to the public areas of Healthimize by other people.

Should you feel threatened by another member (s) or genuinely believe another person may be in danger, please contact your local law enforcement agency immediately. Healthimize has the right to manipulate information posted by its users to the public areas at its own discretion by:

• Removing improper posts and comments.
• Permanently revoke your membership rights and ban you from the entire site should you violate these Terms of Service.
• Record chat room conversation.

Copyright and DMCA compliance

In accordance with the DMCA, if you believe any material on or from Healthimize infringes on your copyright, you may send us a removal request. When sending us your removal request you must include the following:

• Complete identification of the disputed work. This includes ALL URL’s such work resides in.
• Complete description of the disputed work.
• Your complete identification including full name, address, phone number, email address.
• Include the following statement with a signature: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by my registered copyright and by the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is infringed.”
• You must forward all material to: allinfo [at] emmaconcepts.com

Healthimize's Health Directory

The Healthimize Health Directory contains basic information about most federally registered health care professionals and health facilities. A listing of a health care professional or facility does not imply endorsement or recommendation of that listing and lack of a listing does not constitute disapproval by Healthimize. Healthimize has not verified the credentials, capabilities or qualifications of the listed entities or individuals. This service is not intended for such use. Healthimize's Health Directory is provided "AS-IS" without any warranties, expressed or implied, including but not limited to merchantability or fitness for a particular use. Accuracy, timeliness, completeness or quality of the information provided in the Healthimize Health Directory is not guaranteed. You agree to use this service at your own risk and by using the Healthimize Health Directory you assume full responsibility for your actions in regards to the information provided in this section of Healthimize, including but not limited to your communication or any other subsequent action with an entity or person listed in the Healthimize Health Directory. Healthimize may under no circumstances be held liable for any action taken by dependence or use of the information in the Healthimize Health Directory.

Subscription Services: Health Professional Web Platform (TM) AND Health Professional Web Platform (TM) Free Edition

Healthimize has several Subscription Services including the Health Professional Web Platform (TM). You use the Subscription Services at your own risk.

Healthimize may offer a money back guarantee for some of it subscription services. If such an guarantee is offered, you must request a cancellation within the allotted time from the date of your purchase and a you will receive a full refund. For the Heath Professional Website Platform (TM) Healthimize is currently offering a 60 day money back policy.

By selecting the Health Professional Website Platform (TM) service, you agree to pay Healthimize the subscription fee associated with that service. Payment will be charged on the day your service goes into effect (when you signup) and continues for the length of the subscription as indicated. Health Professional Website Platforms (TM) are currently being offered on annual basis/monthly basis and therefore you will be charged an annual/monthly fee automatically for this service until you provide Healthimize a notice of cancellation - usually by logging into your PayPal account and cancelling your subscription renewal. Your cancellation must be completed BEFORE your next billing goes into effect. Health Professional Website Platforms (TM) fees are not prorated or refundable. If for some reason your payment method fails or your account becomes past due, Healthimize reserves the right to suspect or terminate your account. You agree to submit any disputes regarding any charges to your account in writing to Healthimize within 30 days of such charges, otherwise such charges become final and will no longer be open to disputes. Currently, Healthimize only uses PayPal as a safer method of payment for our subscription services. You represent and warrant that you are an authorized user of such PayPal account or credit card or other payment method used on PayPal’s website, and you agree to pay all charges resulting from your Subscription Service, including any unauthorized charges incurred. Healthimize does not have access to your payment method and only receives a payment status from PayPal for your subscription. Therefore, in the event you feel your payment information has been used fraudulently, you will need to contact PayPal.

Healthimize regularly monitors and reviews provider information on file and hereby reserves the right to immediately terminate, edit, and/or permanently delete any account or listing on the site which may deem invalid or fraudulent. In such cases, a refund for fees paid may be issued at the sole discretion of Healthimize - minus an administrative fee and fee for the length of time such platform was online.

Healthimize, at its sole discretion, reserves the right to edit any information or data that has been submitted or posted to its website if it supposes the information to be fraudulent, improper, libelous or deceptive.

In cases where Healthimize believes that a health care provider’s information may have been used fraudulently, or inaccurately, Healthimize reserves the right to take all necessary action to protect itself and the provider. Such actions may include contacting the provider to verify their information and verifying their signup with Healthimize. Healthimize may contact local authorities to investigate such cases of suspected identity theft, and legal action to seek monetary damages for any harm done to the integrity of the Healthimize.

Through the Control Panel of the Health Professional Website Platform (TM) the subscriber or an authorized user has an opportunity to upload information regarding the subscriber's practice. Any data including but not limited to the subscriber's practice information, location, hours or pictures submitted to the Health Professional Website Platform (TM) is the responsibility of the submitter and not Healthimize. Therefore, you agree to be responsible for any information you submit via your platform to Healthimize users. You further agree to abide by posting guidelines mentioned under "User submitted Content" of this terms of service above.

All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Healthimize reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time.

Healthimize makes every reasonable effort to maintain operation of the Healthimize website and all its services; however, because many events and circumstances are beyond the control of Healthimize, Healthimize does not in any way warrant or otherwise guarantee the availability of the Healthimize website, services, system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Healthimize. Healthimize on occasion needs to turn the service or the website off temporarily for scheduled or unscheduled updates and repairs - although every effort will be made to minimize such service interruptions.

THE HEALTH PROFESSIONAL WEBSITE PLATFORM (TM) OR ANY OTHER Healthimize SUBSCRIPTION SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Healthimize Account and your password

Healthimize has several services that allow you to record and store information on Healthimize. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Healthimize account.

It is the user's sole responsibility to: • control the dissemination and use of username and passwords • Authorize or monitor access to your Healthimize accounts and passwords • Promptly inform Healthimize of any unauthorized use.

You grant Healthimize and all other persons or entities associated in the operation of the Website the right to transmit, retrieve, store, monitor and use your information in connection with the operation of Healthimize. Healthimize cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Healthimize tools and services.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Healthimize, ITS EMPLOYEES, ITS SUBSIDIARIES, PARTNERS, EMPLOYEES AND OFFICERS, AGENTS, PARENT COMPANY, AFFILIATES AND SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THIS MATERIAL YOU RID Healthimize, ALL ITS EMPLOYEES, THE AUTHOR, EDITOR AND OTHER INVOLVED PARTIES OF ALL LIABILITIES.

THE LIABILITY OF Healthimize, ITS PARTNERS, EMPLOYEES, SUBSIDIARIES AND OFFICERS AS A RESULT OF ANY ACT OR OMISSION NOT AMOUNTING TO A WILLFUL OR INTENTIONAL WRONG, INCLUDING ALL ATTORNEY FEES TO CLIENT SHALL NOT EXCEED AN AGGREGATE LIMIT OF TOTAL AMOUNT PAID FOR ANY SERVICES RENDERED IN THE PAST TWO MONTHS (IF ANY), REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED.

No warranties

Healthimize PROVIDES THIS SITE “AS IS”. Healthimize MAKES NO EXPRESS OR IMPLIED WARRANTIES/GUARANTEES OR REPRESENTATION TO THE ACCURACY, FITNESS FOR A PURPOSE, NON-INFRINGING, NETWORK AVAILABILITY, COMPREHENSIVENESS, MERCHANTABILITY, RELIABILITY, FACTUALITY, ERRORS, OMISSIONS OR TIMELINESS OF ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE TEXT, PICTURES, VIDEOS OR ILLUSTRATIONS ITS SITE. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK.

Linking to other websites

Healthimize includes links to other websites. Healthimize is not responsible for the content of external sites and does not endorse any external website or services. You hereby acknowledge that Healthimize is not liable for the content, accuracy and fitness of those external websites.

Linking to Healthimize

Currently, you may only link to the main page of Healthimize.com; We may however choose to suspend or expand this practice at a later date. In such event you must remove all links to Healthimize. There are some general guidelines to linking to Healthimize: - The properties of the link to Healthimize may not appear in such way as to damage or dilute Healthimize’s name or its trademark. - The link may not falsely imply affiliation, sponsorship or any other falsely proclaimed relationship with Healthimize. The link many not appear on site that contain pornographic material, obscenity or defamatory or similar material.

Laws Affecting Electronic Commerce

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Healthimize, its partners, employees, and officers from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

Severability

If any provision of these terms of service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the enforceability or validity of the remaining provisions.

Indemnity

You agree to indemnify, defend and hold harmless Healthimize, its employees, its subsidiaries, partners, employees and officers, agents, parent company, affiliates and suppliers from all claims and liabilities, including attorney fees, from your proper or improper use of this site and services.

Jurisdiction

The construction, validity and performance of this Agreement shall be construed in accordance with, the laws of the State of California, and the parties expressly waive its choice of law rules. You further agree to submit any claim arising out of, relating to, or regarding the validity of, this Agreement, to binding arbitration administered by, and pursuant to the rules of the American Arbitration Association (“AAA”) with expenses being paid by the losing party. The arbitration shall be conducted by a sole arbitrator and concluded within ninety 90 days. Judgment upon any AAA award may be entered in any court having competent jurisdiction. The party against whom enforcement is sought shall pay any costs incurred in the enforcement of the arbitration award.