US HealthConnect, Inc. Web Sites and Mobile Apps - Terms and Conditions of Use
U.S. HealthConnect, Inc. (“USHC” or “us” or “we” or “our”) owns and operates the ReachMD network of websites, which includes ReachMD.com, OmniaEducation.com, ProvaEducation.com, GlobalWomensHealthAcademy.org, GlobalNeurologyAcademy.org, GlobalOncologyAcademy.org, RheumatologyAcademy.org, EyeHealthAcademy.org, Medtelligence.net and CrohnsColitisProfessional.org (“Sites”), as well as the ReachMD mobile applications (“Apps”). These Terms and Conditions of Use (“TCU”) govern your use of the Sites and Apps. These TCU apply only to the Sites and Apps identified above. Other sites, apps or content owned or controlled by USHC may have their own terms and conditions of use and should be reviewed.
By using the Sites and Apps, you agree to be bound by these TCU. If you do not agree to be so bound, you are not authorized to use the Sites or Apps. These TCU are a legal contract between you and USHC and govern your access to and use of the Sites and Apps together with any services offered through the Sites and Apps. Your rights to use the Sites and Apps are limited by applicable federal, state, and local laws and regulations.
USHC may also offer promotions, sweepstakes, contests, services or features that have their own terms, and to the extent any portion of those special terms conflict with these TCU, the special terms will govern for that specific portion.
The Sites and Apps are intended for adults 18 years of age or older. By accessing the Sites or using the Apps, you represent that you are 18 years of age or older.
In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Qustodio, Net Nanny and Kaspersky Safe Kids. Please note that USHC in no way endorses or is responsible for these services.
USHC reserves the right to modify or revise these TCU at any time without notice. You should visit the Sites and Apps from time to time to review the current TCU. By using the Sites or Apps subsequent to any modification of these TCU, you are agreeing to be bound by the modifications in the version of these TCU which is then current.
Information on our Sites and Apps
The material on our Sites and Apps consists of information intended for health care professionals, for educational purposes only. Our Sites and Apps do not provide medical advice, nor are they designed to provide information for non-health care professionals upon which any decision of any kind, medical or otherwise, should be based. Consumers and other users who are not health care providers should refer to their own health care professionals or, if appropriate, seek emergency medical care, to address their own concerns, issues, symptoms, or other questions. Health care professionals must rely upon their own clinical and professional judgment before taking any action or rendering any advice of any kind regarding information contained on our Sites or Apps. To put it more succinctly, if you are a patient or prospective patient, our Sites and Apps are not a substitute for professional medical care. If you take action or seek treatment based upon a website without consulting with a medical professional or emergency medical care, then you likely have larger issues which we cannot possibly address here or anywhere. If you are a health care professional, our Sites and Apps do not substitute for your own professional judgment and if you believe that referring to a website will somehow make a malpractice claim suddenly go away then you are deluding yourself.
You agree that you will only use the Sites and Apps for their intended purposes, and not for other commercial ventures without first seeking approval from USHC.
By using the Sites or Apps, you may need to interact with other users of the Sites or Apps. USHC is not responsible for the conduct of any other user who may interact with you, regardless of whether it is done through the Sites or Apps.
Any and all reliance on the Sites or Apps for medical information is done at your own risk. While USHC will try its best to make the content on the Sites and Apps useful, USHC does not warrant that any content on the Sites or Apps will be useful or reliable.
USHC hereby grants you a revocable and nonexclusive right and license to use and access the Sites and Apps (including any underlying software) in a manner that is consistent with the other terms in these TCU and the intended purposes of the Sites and Apps. USHC reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in these TCU.
Unless otherwise expressly specified, you are permitted to temporarily download one copy of the materials (information or software) on our Sites or Apps for personal, non-commercial transitory viewing only. You agree this is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on our Sites or Apps; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by USHC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
By participating in a live event, you grant USHC and its designees the right to photograph, record and/or videotape you at such event and further grant USHC and its designees the right to display, edit, alter, retouch, use, reproduce, distribute, display, publish and/or otherwise exploit, including prepare derivative works based upon, your name, face, likeness, voice, and appearance, in all media, whether now known or hereafter devised, (including in computer or other device applications, online webcasts, television programming, motion pictures, films, newspapers, and magazines) and in all forms including digitized images or video, forever, whether for advertising, publicity, training, promotional, sale or resale or any other commercial purposes, including publication of the event, including social and other forms of on-line media, without compensation or further approval, all to the fullest extent permitted by law.
User Communications on the Sites and Apps
The Sites and Apps may utilize various methods for users to upload or post content on the Sites or Apps and to communicate with other users, health care providers, vendors, and third parties, such as forums, chatrooms, messaging or electronic mail. The content created out of such interactions is referred to collectively as “user generated content” (“UGC”). Any and all UGC on our Sites and Apps are subject to these TCU.
Any UGC you upload/post to the Sites or Apps is done on a non-proprietary and non-confidential basis, and you agree that USHC has a royalty-free, perpetual, irrevocable, sublicensable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the Sites, Apps or any related services offered through the Sites or Apps. This license includes any right of publicity rights that may be present in the UGC.
USHC is not required to treat any UGC as confidential. UGC that you share or post on the Sites or Apps may be seen by other users of the Sites and Apps (including off of the Sites or Apps if another user copies and reposts your UGC).
When you utilize our Sites or Apps for communications you further expressly agree as follows:
- USHC is not responsible for any UGC. We do not vouch for the accuracy, completeness or usefulness of any UGC. Any opinions stated are those of the individual user and not USHC.
- We may remove any UGC from the Sites and Apps if in our sole discretion we believe it to be objectionable.
- We will not permit the posting of any abusive, obscene, vulgar, slanderous, defamatory, knowingly false, inaccurate, hateful, threatening, or harassing material. Nor will we tolerate content that is invasive of a person's privacy, sexually-oriented or content which may violate any applicable laws. Any advertisements or solicitations of business are likewise prohibited. You are permitted to post links to other sites, but you may not post any material which you either do not own or do not have the express consent of the owner to use. In the event of any legitimate legal dispute over your UGC, we will reveal your identity and the IP address from which your content was posted.
- If you violate any provision of these TCU, we reserve the right to immediately and permanently ban you from participating in our Sites or Apps, as well as notifying your service provider and any other entities involved.
- You are solely liable and responsible for any UGC you upload or post on or through the Sites and Apps. We reserve the right to take over the exclusive defense of any claim related to your UGC for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- No physician-patient relationship can be created via the use of the Sites or Apps. Not even a protracted chatroom dialogue or extended message thread on any of our Sites or Apps constitutes medical advice of any kind. Once again, there is no substitute for a face-to-face medical examination or emergency room visit.
- We reserve the right to record, edit or remove any content, as well as investigate any allegation that a post does not conform to law or these TCU.
You further agree that you shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post.
You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the Sites or Apps or you have been granted the right by the respective owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.
USHC reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC.
USHC reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason. USHC is under no duty to, and does not represent it will, monitor, edit, and/or remove any UGC. If you send USHC unsolicited content or ideas, you agree that USHC may use such content and ideas in any way USHC wishes without any compensation to you.
Intellectual and Other Property
Other than the exceptions referenced in these TCU or noted elsewhere, the major exception being UGC uploaded/posted by users of the Sites or Apps which remains the property of the users, all other content on the Sites or Apps is the property of USHC including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain names, or other electronic files (referred to hereafter as “USHC Content”). You may not use USHC Content from our Sites or Apps commercially without our express permission.
Certain elements of the Sites and Apps, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws. Any USHC Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission.
You acknowledge that you have no right, title, or interest in or to the Sites, Apps and/or USHC Content.
US HealthConnect and ReachMD are marks of USHC. Other marks, names, and logos on the Sites or Apps are the property of their respective owners.
There may be other content located on the Sites or Apps not owned by USHC, and you should respect those property rights as well. All rights not expressly granted herein are reserved to USHC.
If you believe any content on the Sites or Apps violates your copyright and you want the content removed from the Sites or Apps, please send a detailed message with the following information (under the Digital Millennium Copyright Act, the following information must be included in the message) to USHC’s designated agent for notice of claims of copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Complete identification of work claimed to have been infringed upon, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the allegedly infringing material on the Sites or Apps or the material that is the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit USHC to locate the material;
- Your contact information in a form reasonably sufficient to permit USHC to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Your signed statement as follows:
“Under penalty of perjury, and subject to the penalties of 18 Pa. Cons. Stat. §4904 relating to unsworn falsification to authorities, the information I have provided is accurate; I am the copyright owner or I am authorized to act on the copyright owner's behalf; and my signature and/or the authorized copyright holder's signature appears below.”
USHC’s Designated Agent is:
500 Office Center Drive, Ste 300
Fort Washington, PA 19034
USHC takes copyright and other intellectual property issues seriously, and will terminate any accounts and/or users on the Sites or Apps that are connected to valid and repeat copyright infringement complaints.
Links to Third Party Sites and Apps
The Sites and Apps contains links to external sites not controlled and/or affiliated with USHC. If you use these links, you will leave the Sites or Apps. USHC provides these links to you only as a convenience. USHC is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.
Some of our Sites or Apps may contain sponsored information, or information for the placement of which a fee has been paid to USHC. If you choose to do business with any of our advertisers, you are subject to whatever contractual language, warranties, representations, or terms and conditions imposed or negotiated by and between yourself and that advertiser. Under no circumstances are we liable for any losses attributable to your transactions or relations with our advertisers.
Other Prohibited Conduct
In connection with your access to and/or use of the Sites, Apps or any services on the Sites or Apps, you agree not to:
- Violate any federal, state, or local laws or regulations.
- Upload/post anything that imposes an unreasonable or disproportionately large strain on USHC’s network or computer infrastructure.
- Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Sites, Apps and/or USHC’s computers, servers or networks, and/or any computers or systems used by other users of the Sites or Apps.
- Upload/post anything that could destroy, damage, or impair any portion of the Sites, Apps or any computers, systems, hardware, or software used by USHC or other users.
- Make unauthorized attempts to modify any information stored on the Sites or Apps.
- Make attempts to defeat or circumvent security features, or to utilize the Sites and Apps for any purpose other than its intended purposes.
- Discuss, incite, or promote illegal activity.
- Upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.
- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Sites or Apps.
- Use the Sites or Apps to send spam or unsolicited bulk email.
- Provide false or misleading information when signing up for an account on the Sites or Apps or otherwise upload/post any false or misleading information or content on or through the Sites or Apps.
The previous list of prohibitions is not exclusive. USHC reserves the right to terminate your access to the Sites, Apps or any services rendered on or through the Sites or Apps for any reason.
By accepting these TCU, you waive and hold harmless USHC from any claims resulting from any action taken by USHC during or as a result of USHC’s investigation and/or from any actions taken as a consequence of investigations by either USHC or law enforcement related to your use of the Sites or Apps.
You agree to indemnify, defend and hold harmless USHC, its wholly owned subsidiaries, affiliates and suppliers, including their officers, directors, employees, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) USHC or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Sites, Apps and/or any goods or services offered or rendered on or through the Sites or Apps, any UGC you upload or post on or through the Sites or Apps, your breach of these TCU, the use of the Sites or Apps by any person using your username and password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TCU.
In order to perform certain actions on the Sites or Apps, you will need to set up an account with a username and password. You are responsible for maintaining the confidentiality of your password and username, and agree to notify USHC if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You must set up any account for the Sites or Apps in your own name. You agree to immediately notify USHC at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security in relation to the Sites or Apps known to you.
You may cancel your account for the Sites or Apps at any time by contacting email@example.com.
YOUR USE OF THE SITES AND/OR APPS IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, THE SITES, APPS AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES, INFORMATION OR MATERIALS PROVIDED ON OR THROUGH OUR SITES OR APPS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE EXTENT PERMITTED BY LAW, USHC AND/OR ITS AFFILIATES MAKE NO WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITES, APPS OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES OR APPS.
TO THE EXTENT PERMITTED BY LAW, USHC AND/OR ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM AND NEGATE ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITES AND APPS, THEIR CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES OR APPS. USHC AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITES OR APPS WILL BE UNINTERRUPTED, TIMELY, OR SECURE.
TO THE EXTENT PERMITTED BY LAW, USHC AND/OR ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR SITES OR APPS OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY ONLINE LOCATIONS LINKED TO THE SITES OR APPS. TO THE EXTENT PERMITTED BY LAW, USHC AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITES, APPS AND/OR THEIR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITES OR APPS WILL BE CORRECTED, OR THAT THE SITES/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONCE AGAIN, THE SITES AND APPS ARE NOT A SUBSTITUTE FOR APPROPRIATE MEDICAL CARE, AND THERE IS NO MEDICAL ADVICE OFFERED HEREBY.
Limitations on Damages
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES, APPS OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITES OR APPS. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITES AND APPS, WE DO NOT GUARANTEE OR WARRANT THAT THE SITES, APPS OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITES OR APPS DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
TO THE EXTENT PERMITTED BY LAW, USHC AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THE SITES OR APPS WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL USHC, ITS WHOLLY OWNED SUBSIDIARIES, AFFILIATES OR SUPPLIERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING FOR LOSS OF DATA OR PROFIT, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF USHC, OUR AUTHORIZED REPRESENTATIVE AND/OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITES, APPS OR ANY GOODS, SERVICES OR MATERIALS ON THE SITES OR APPS; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES OR APPS; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITES OR APPS; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITES OR APPS, ANY GOOD, SERVICE OR MATERIAL OFFERED ON OR THROUGH THE SITES OR APPS AND/OR ANY LINKS ON THE SITES OR APPS.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF USHC, ITS WHOLLY OWNED SUBSIDIARIES, AFFILIATES OR SUPPLIERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES OR APPS, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO USHC AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
IF YOU ARE DISSATISFIED WITH THESE TERMS, THE SITES OR THE APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND APPS.
IF YOU ARE DISSATISFIED WITH ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITES OR APPS, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND APPS.
ALL PROVISIONS IN THESE TCU ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE that any claim relating to the Sites, Apps and/or any goods or services offered on or through the Sites or Apps, are governed by, and shall be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the Court of Common Pleas of Montgomery County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania for any disputes or litigation arising out of our relating to these TCU or the use of the Sites or Apps.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Commonwealth of Pennsylvania courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Commonwealth of Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.
Comments & Feedback
In compliance with your rights under California Civil Code § 1789.3, you have the right to contact USHC with any complaints or to seek additional information. You may email us at firstname.lastname@example.org. You may also call 215.358.0552. For any physical documents, you may send mail to 500 Office Center Drive | Suite 325 | Fort Washington, PA 19034.
If California users have any questions or complaints about USHC they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.
ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE AND/OR APPS IS DONE AT YOUR RISK.
YOU AGREE THAT USHC IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on the Sites or Apps.
If any part of these TCU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TCU, all of which will remain in full force and effect to the extent permitted by law.
These TCU constitute the entire agreement of the parties with respect to the Sites and Apps, and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and USHC, with respect to the Sites and/or Apps.
USHC's failure to enforce any portion of these TCU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of these TCU.
USHC reserves the right, without notice and reason, to take down or terminate the Sites, Apps or otherwise revoke any and all access granted to you related to the Sites and Apps. You agree that USHC is not liable to you or any other third party for this action.
Certain software elements of the Sites, Apps and services related to the Sites or Apps may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
If you need to contact USHC for any reason not already specified in these TCU, please use the following contact information:
500 Office Center Drive, Ste 300
Fort Washington, PA 19034
Revision date: This document was last updated on May 25, 2018.
This Policy only applies to the Sites and Apps identified above, and does not apply to information which you may send us by other means. Other USHC sites, apps and other online locations may have their own privacy policies, and you should consult those accordingly.
This Policy is effective as of January 1, 2020.
Changes to this Policy
We retain sole discretion to update this Policy from time to time. When we update this Policy, we will post a notification on the main page of our Sites and Apps and update the Policy’s effective date. You acknowledge and agree that it is your responsibility to review this Policy periodically and become aware of modifications. Your continued use of the Sites or Apps after any changes are made to this Policy constitutes your acceptance of the changes. If any of the changes are unacceptable to you, you should cease using the Sites and/or Apps.
If any changes to this Policy substantially affect how USHC treats or handles personal data that has already been collected by USHC, we will notify you by email (if USHC has a valid email address to use) and give you thirty (30) days to opt-in to the changes as they pertain to your information. If you do not opt-in, your information will continue to be used in a manner that is consistent with the version of this Policy under which it was collected, or the information will be deleted.
Collection of Personal Data
Personal data (“Personal Data”) is generally defined as information that, by itself or in combination with other information, may be able to identify you or could reasonably be associated with you or your accounts.
We may collect Personal Data from Users who provide such information in a variety of ways on or through the Sites and/or Apps. For example, Users may be asked for Personal Data including, but not limited to, name, practice name, email address and other online identifiers, mailing address, phone number, credit/debit card number and other financial information, office address and other business information, and national provider identifier (NPI) number when Users:
- visit our Sites or use our Apps;
- register an account on the Sites or Apps;
- register for an event;
- subscribe to a newsletter;
- respond to a survey;
- fill out a form;
- order training services or materials;
- create a username and password (or security question and answer); and/or
- seek information in connection with other activities, services, features or resources we make available on our Sites or through the Apps.
We may also collect your IP address and browser information. We will collect any other Personal Data from Users only if they voluntarily submit such information to us.
Users can always refuse to supply Personal Data, except that doing so may prevent Users from engaging in certain activities or content related to the Sites and Apps.
Web browser cookies
Identification of site visitors through audience identification tool.
We use an audience identification tool supplied by the Healthcare Communications Network℠, of which we are a member. More information on this Network is provided below under “Sharing your information.” A digital tag (e.g. a pixel) may be embedded in emails to you from us or the Healthcare Communications Network℠ which allows us to identify you and your Personal Data, to the extent such Personal Data is in our possession or the Network’s possession, when you visit our Sites or use the Apps.
How we use collected information
We may collect and use Users’ Personal Data for the following purposes:
- To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To prevent unauthorized access to and use of the Sites and Apps: Your registration information will be used to safeguard your account.
- To enroll in an event: We may use order information to process the enrollment of Users in a meeting or event.
- To personalize User experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Sites and Apps.
- To process any forms you complete and submit through the Sites or Apps: We will use such submitted information for the purposes described in connection with any specific form the User completes.
- To send training services or materials: If a User submits an order or request for such services or materials, we will use the submitted information to send these to the User.
- To perform internal operations related to the Sites and Apps: We may use your Personal Data for fraud prevention, to troubleshoot software issues and operational problems with the Sites and Apps, conducting data analysis and testing; and/or
- To send periodic emails or mail: We may use the email address and postal addresses to send Users information and updates based on the information Users provide us. We may also use email or mail to respond to User inquiries, questions, and/or other requests. A User will receive emails or mail which may include company news, updates, related product or service information, as well as information from third parties with whom we or our affiliated entities do business.
USHC may use third-party service providers which collect and aggregate information to analyze how Users move around the Sites and/or use the Apps, in order to optimize the performance of the Sites or Apps.
By providing to USHC the Personal Data and other information referenced above, you agree that USHC may use the Personal Data and other information in accordance with the terms of this Policy.
Sharing your personal information
We may share certain portions of Personal Data and other information with third-party service providers to help us operate the Sites, Apps, our business, or to administer activities on our behalf. This may include sharing your information with:
- a search service to help us look up your NPI number;
- our content delivery vendor to provide content on or through the Sites and Apps;
- certain third parties with whom we have contractually committed to provide data for analytical purposes; and
- our email and shipping vendors for the purpose of sending out newsletters, surveys, or marketing materials from USHC.
We may share your information with these third parties unless you have specifically requested to be removed from our database.
We participate in the Healthcare Communications Network℠ run by DMD Marketing Corp. Participation in the Healthcare Communications Network provides us with tools to better understand and analyze who is using our Sites and Apps, and to personalize User experiences on the Sites and Apps. We share certain of your Personal Data with the operators of the Healthcare Communications Network. This information includes your email address, your name, your NPI number and other information we obtain when you register on the Sites, Apps, or visit DMD Healthcare Communications Network. HealthCare Communications Network will use this information primarily to send you emails with information specifically tailored to your medical interest. You will receive an email providing you with a mechanism to unsubscribe from the Network’s emails and from our use of the Network’s tools to track and analyze your visits to our Sites or your use of the Apps.
Other than what is referenced above, the Personal Data and other data collected from you is not shared with nor sold to any person or entity outside of USHC.
We may share User information with governmental agencies or other companies assisting us in fraud prevention or investigation if we: (1) reasonably believe we are permitted or required to do so by law; (2) are investigating actual or potential fraud or unauthorized transactions; or (3) believe that a User’s actions violate our Terms and Condition of Use or threaten the rights, property or safety of our company, our Users, or others.
Your choices regarding your Personal Data
Your provision of Personal Data and other information to USHC means that you agree and consent that we may collect, use and disclose your information under the terms of this Policy. If you do not agree with these terms, please do not to provide any Personal Data. However, certain services can only be offered if you provide your Personal Data to USHC.
In connection with USHC’s collection and use of your Personal Data, you have the rights to:
- Request access to or correction of your Personal Data in USHC’s custody or control;
- Withdraw your consent to the collection, use, sale or disclosure of your Personal Data, subject to contractual and legal restrictions;
- Request details on the specific pieces of Personal Data that USHC has collected about you;
- Request that USHC delete or properly dispose of copies of Personal Data it has collected about you; and
- Not be discriminated against, in terms of the services and prices offered on or through our Sites and Apps, because you exercised these rights regarding the collection, use and sharing of your Personal Data.
If you would like to access, review, edit, delete or have us otherwise dispose of any copies of the Personal Data USHC collected from you, if you would like to opt-out of receiving further information, limit what Personal Data USHC shares, wish USHC to stop using your Personal Data in the manners specified in this Policy, or if you would like to exercise the above rights in any other way (subject to any applicable legal exceptions), please contact us at email@example.com.
You may be able to opt-out of USHC sharing your Personal Data with the entities identified in this Policy by contacting us using the above contact information, unless the sharing of your Personal Data is necessary to perform one of the following business purposes: to count ad impressions and evaluate their effectiveness; to detect, protect against, and prosecute security incidents; to debug or troubleshoot functional errors that may arise with the Sites or Apps; to complete short-term tasks related to an existing interaction you have with USHC; to maintain or service your account; to process payments and fulfill orders or other transactions you authorize; to verify your customer information; and to ensure the safety and quality of the Sites and Apps.
USHC will do its best to accommodate your request, but we cannot guarantee we can remove all Personal Data from the specified uses. If the request relates to information that USHC needs to make the Sites or Apps function properly for you, you may not be able to use the Sites or Apps properly moving forward.
If you would like to opt out of receiving further promotional emails from USHC, please follow the opt-out instructions at the bottom of the email or send USHC a detailed message at firstname.lastname@example.org.
USHC does not knowingly collect any information from minors, nor are the Sites or Apps directed at or intended for minors. If a minor uploads/posts information to the Sites or through the Apps that is publically available, the minor has a right to request that such information be removed from public viewing. A minor may request uploads/posts or other information to be removed by sending a detailed message to email@example.com. Any removal of content by USHC does not ensure or guarantee complete removal of the content in all places. The content may have been reposted by other parties, or federal or state law may require maintenance of the content or information.
USHC does not recognize or respond to “Do Not Track” signals or similar technical requests sent by a User’s browser or other computer programs.
How we protect your information
As to Personal Data we collect, USHC’s Sites and Apps use, implement and maintain industry standard security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Data and other data stored on our Sites or Apps, both in storage and in transmission.
However, while USHC takes the protection of your Personal Data seriously, you should exercise discretion in what information you disclose and/or transmit online, including on or through the Sites or Apps. No data transmission over the internet can be assured to be completely secure, as any transmitted information may be intercepted by others before it reaches USHC. As a result, USHC does not ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. If you are concerned about sending information to USHC over the internet, please send the information by mail or call us to make other arrangements. USHC is not responsible for the security of information sent over the internet.
How long we keep your Personal Data
USHC retains collected information for a reasonable amount of time in order to fulfill the stated purpose for why the information was collected. USHC reserves the right to maintain proper business records as required by law, or for otherwise legitimate business purposes to the extent permitted by law, even if such records contain your Personal Data. If USHC determines that collected information is no longer needed, it will delete such information. Our collection times will be consistent with applicable law.
Use by Minors
Our Sites and Apps are intended for individuals eighteen (18) years of age or older. USHC’s Sites and Apps are not directed at, marketed to, nor intended for, individuals under thirteen (13) years of age. USHC does not knowingly solicit or collect information from individuals under the age of eighteen (18). If we determine that we have inadvertently collected information from someone under eighteen (18) years of age, USHC will delete this information from our database.
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How we handle E.U. data
If you are a User residing within the European Economic Area (the “EEA,” which includes the 27 European Union Member States, Iceland, Norway and Liechtenstein), Switzerland or the United Kingdom (collectively, the “EU”), then USHC handles your Personal Data according to the terms of this Policy, unless the exceptions in this section apply, pursuant to the General Data Protection Regulation (“GDPR”).
USHC will collect, process and use your Personal Data as described in this Policy and for the purposes set forth in this Policy. With the exception of uses for which we have obtained your consent, your Personal Data is processed in support of legitimate interests as described in this Policy.
If you are a User residing within the EU, we will seek your consent before using your Personal Data to serve you relevant information, content and educational materials based on your personal preferences, interests, location and other information that you provide to USHC in connection with your account on the Sites and/or Apps.
We may share certain portions of Personal Data and other information with any member of our group of companies as reasonably necessary for the purposes set out in this Policy to help us operate our business, Sites and Apps. You can learn more about our group of companies by visiting USHealthConnect.com.
The Healthcare Communications Network℠ run by DMD Marketing Corp. is not available to Users in the EU.
Under the GDPR, Users in the EEA have the following rights regarding your Personal Data:
- the right to request details on the Personal Data we hold about you at any time;
- the right to update and correct any inaccurate Personal Data USHC holds about you;
- the right to withdraw any consent for marketing activities or processing of Personal Data that you might have provided to USHC;
- the right to request erasure of Personal Data;
- the right to request restriction of USHC’s processing of your Personal Data;
- the right to object at any time to USHC’s processing of Personal Data concerning you; and
- the right to request the portability of Personal Data that you have provided to USHC.
Under the GDPR, Users in the EEA also have the right to lodge a complaint about USHC’s processing of your Personal Data with a supervisory authority. In particular, such Users may lodge a complaint in the Member State where the User lives or works or where the alleged violation took place.
To protect your Personal Data, USHC’s Sites and Apps use appropriate technical and organizational security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Data and other data stored on our Sites or Apps.
USHC retains Personal Data only for as long as necessary to fulfill the stated purpose for which the Personal Data was collected or otherwise processed, and thereafter for a variety of legitimate legal or business purposes. These may include retention periods that are: (i) mandated by law, contract or similar obligations applicable to USHC’s business operations; (ii) for preserving, resolving, defending or enforcing our legal/contractual rights; or (iii) needed to maintain adequate and accurate business and financial records. We will delete your Personal Data as soon as the respective purpose of use is not applicable anymore and no legal obligation to retain such data exists. If you have any questions about the security or retention of your personal data, you can contact us at firstname.lastname@example.org.
Your Personal Data may be disclosed to and processed by staff operating in the United States. Disclosure will be to individuals who work for USHC, our subsidiaries, related companies, and companies with which we have contracted to process or store this data on USHC’s behalf. The individuals and organizations that receive Personal Data as a result of international transfers out of the EU must follow our express instructions with respect to the use of Personal Data and they must comply with appropriate security measures to protect your information.
International use & transfers
If you are a User located outside of the United States, you are responsible for complying with any local laws regarding use of the Sites, Apps and related data collection. You also agree and acknowledge that by providing any information through the Sites or Apps, including Personal Data, that such information will be transmitted to, and stored in, the United States.
The Sites and Apps may contain links to external online locations, including those embedded in third-party advertisements or sponsor information, which are not controlled by USHC. USHC is not responsible for the privacy practices and data collection policies for such third-party services. You should consult the privacy policies of those services for details.
Your acceptance of these terms
By using our Sites or Apps, you signify your acceptance of this Policy. If you do not agree to this Policy, please do not use our Sites or Apps. Your continued use of the Sites or Apps following the posting of changes to this Policy will be deemed your acceptance of those changes.
Terms and Conditions of Use
The TCU for the Sites and Apps is incorporated by reference into this Policy. The Terms and Conditions of Use can be found here.
Information on our Sites and Apps
Need some information or assistance? We’re close by, just reach out and we will get back to you as soon as possible.
MAIL: 500 Office Center Drive, Suite 300
Fort Washington, PA 19034
USHC intends to strictly enforce this Policy. If you believe there has been some violation of this Policy, please contact USHC.
This Policy was last updated on June 24, 2020.
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