Effective Date: May 1, 2017
We reserve the right to withdraw or amend this Site and any service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
We Do Not Provide Medical Advice or Endorse Any Particular Healthcare Provider
THE SITE MAY OFFER HEALTH, FITNESS, AND NUTRITIONAL INFORMATION, BUT THE SITE IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR INDEPENDENT JUDGEMENT. NOTHING AVAILABLE THROUGH ANY SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH CARE PROVIDER BECAUSE OF INFORMATION YOU RECEIVE THROUGH THE SITE. THE USE OF ANY INFORMATION PROVIDED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
Your use of the Site does not create in any way a physician/patient relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers or distributors. We do not recommend or endorse any specific tests, physicians, procedures, opinions, healthcare providers, or other information that may be provided through the Site. If you rely on any of the information provided through the Site or by our employees, employees of our suppliers or distributors, or people who contribute to the Site, you do so solely at your own risk.
You assume all responsibility in connection with choosing any healthcare provider, whether or not you obtained information about such healthcare provider on or through this Site. Apostrophe and its directors, officers, agents, and representatives assume no (and hereby disclaim all) responsibility or liability of any kind, 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. Additionally, Apostrophe does not ensure in-network status of any provider, nor does it assure that the data displayed on the Site matches a user’s benefit package.
You agree that you will not use the information on this Site for commercial purposes, i.e., in the independent provision of disease management, utilization management or, healthcare navigation services, or for telemedicine, on-site clinics, second surgical opinions, any other human resource/health and welfare programs, etc.
LIMITATION ON USE OF CONTENT
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audit, and the design, selection and arrangement thereof) (collectively, “Content”) are owned by Apostrophe, its licensors or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not modify copies of any material from this Site. You may not delete or alter any copyright, trademark or other proprietary notices from copies of the material from this Site. You agree not to reverse engineer or collect the Site’s data, databases, information formatting or other attributes. You further agree that you will not reproduce any pricing information or other Site Content in any format (electronic, printed, or other formats) for commercial or non-commercial uses.
You may use the Site only for lawful purposes. You may not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Apostrophe or users of the Site or expose them to liability.
LIMITATION OF LIABILITY
WE, OUR SUPPLIERS, AND OUR DISTRIBUTORS SHALL NOT BE LIABLE TO YOU, YOUR DEPENDENTS, YOUR AGENTS, ANYONE USING YOUR CREDENTIALS, OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES ARISING OUT OF THE SITE, INCLUDING YOUR INABILITY TO USE THE SITE. WE, OUR SUPPLIERS, AND OUR DISTRIBUTORS ALSO WILL NOT BE LIABLE FOR THE PROCUREMENT OF SUBSTITUTE SERVICES. IN NO EVENT SHALL OUR, OUR SUPPLIERS’, OR OUR DISTRIBUTORS’ CUMULATIVE LIABILITY TO YOU, YOUR DEPENDENTS, YOUR AGENTS, ANYONE USING YOUR CREDENTIALS, OR TO ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF SITE FEES, IF ANY, THAT YOU PAID DURING THE PRIOR THREE MONTHS FOR THE SERVICE AT ISSUE.
THESE EXCLUSIONS AND LIMITATIONS APPLY TO CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, UNDER ANY THEORY OF LAW, INCLUDING CONTRACT OR TORT, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR ANY DAMAGES THAT ARE NOT LIMITED BY THIS PARAGRAPH, THE SOLE AND EXCLUSIVE REMEDY FOR YOU OR YOUR DEPENDENTS FOR ANY DISPUTE WITH US, OUR SUPPLIERS, OR OUR DISTRIBUTORS IS THE CANCELLATION OF YOUR USE OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUPPLIERS, AND DISTRIBUTORS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Site is designed for and intended for United States residents using the Site within the fifty states and the District of Columbia. We make no representation that the Site is applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site from territories where the content is illegal is prohibited. If you choose to access the Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES
We may provide links to third-party websites or affiliated websites. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any products advertised on the Site.
THIS SITE AND ITS MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE SITE MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE AND ITS MATERIALS; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY SITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK
FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU WILL 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.
You agree that the laws of the State of Delaware govern this contract and any claim or dispute that you may have against us, our suppliers, or our distributors, without regard to Delaware’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us, our suppliers, or our distributors will be resolved by a court located in Delaware.
All trademarks appearing on the Site are the property of their respective owners, including, without limitation, Apostrophe, Inc. No right, license or interest to such trademarks is granted by this Agreement.
PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others, and we ask our suppliers and those posting to the Site to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- A description of the work that you claim has been infringed.
- Identification of the location where the original or an authorized copy of the copyrighted work exists. For example, the URL of the website where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on the Site where the material that you claim is infringing is located. You must include enough information to allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitation of Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY