We sincerely hope you enjoy using HealthHoppers. We genuinely do. You should think about the crucial facts in this paper before using HealthHoppers.
This agreement is between you and HealthHoppers ("HealthHoppers," "we," or "us"), the owner and operator of HealthHoppers.com and other websites, applications, services, and mobile applications as well as all related services (collectively, the "Services") offered by HealthHoppers and on/in which these Terms of Use are posted or referenced. The terms and conditions listed below (the "Terms of Use" or the "Agreement") constitute that agreement. Certain services may have extra conditions that you must accept. These terms will be explained to you before you can use the service and are considered a part of these terms of use. The following are only a few examples of the "Services" as defined by these Terms of Use: appointment scheduling tools incorporated into third-party websites, scheduling pages updated by HealthHoppers on behalf of third parties.
The terms of your access to and use of the Services are governed by this Agreement, which is a contract between you and us. By accessing and/or using our Services, you therefore consent to be bound by all of the terms and conditions of this Agreement. You are not permitted to use the Services if you disagree. In this Agreement, "you" refers to any visitor, user, or other individual who uses our services, regardless of whether they have created a HealthHoppers Account (as described in Section 1) or not.
The following will happen if your use of the Services is terminated for any reason: (a) this Agreement will still be in effect and enforceable against you for any unauthorized or subsequent use of the Services, including the obligations you have herein regarding indemnity; and (b) any rights or licenses granted to us under this Agreement will remain in effect after such termination.
HealthHoppers' Privacy Policy ("Personal Data" as defined therein) details how the company collects and uses Personal Data in relation to the Services.
Important: This section 17.1 below contains a class action waiver and arbitration notice. Read these carefully, since they will force you to resolve disputes with health care providers via binding, individual arbitration. You understand and consent to giving up your right to a jury trial together with HealthHoppers. Additionally, you acknowledge and consent that you forfeit your right to participate in any prospective class action or representative proceeding against HealthHoppers as a plaintiff or class member. By signing this agreement, you explicitly acknowledge that you have read, understood, and agree to be bound by all of its terms and conditions. You also acknowledge that you have given careful thought to the implications of this significant decision and that you will accept responsibility for them.
Since we're always looking to make our services better, our Terms of Use might have to adapt as well. We retain the right to modify the Terms of Use at any time. In the event that we do so, we will tell you by email, by posting a notice on our website, or by using another method.
You may reject the updated Terms of Use at any time, but doing so may prevent you from using the Services going forward. Any use of the Services following the effective date of a modification to the Terms of Use indicates your agreement to all such changes.
The version of this Agreement that was in force at the time of the initial occurrence giving birth to the disagreement shall govern any disputes under it. Any other modifications to these Terms of Use, other those made by us as specified below, will not take effect unless they are made in writing and signed by both you and us.
We reserve the right to withdraw or suspend all or part of the current Services, add new features, or replace an existing Service with a new one at any time. Any usage of the services will be controlled by this agreement, and HealthHoppers shall not be liable for any suspension or discontinuance of any of the Services or portion thereof.
If you register a HealthHoppers Account or use the Services on behalf of someone other than yourself, you warrant and represent that you have the authority to accept this Agreement on their behalf and bind them to its terms. In such a scenario, all references to "you" and "your" in this Agreement—aside from this sentence—refer to that person or entity.
1. ABOUT THE SERVICES
You are granted a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license by HealthHoppers to use the Services in compliance with these Terms of Use, subject to these terms. You can browse some of the Services without having a HealthHoppers Account. However, in order to take use of all the services we provide, you must register for an account (a "HealthHoppers Account") and fill out some basic personal data. You give HealthHoppers permission to use and share any information you do give us in accordance with our privacy policy.
You could come across certain Content that HealthHoppers makes available to you while using the Services. Content includes text, data, graphics, photos, videos, audio, suggestions, articles, scheduling availability, advice, and other materials provided, made available, or otherwise found through the Services. Content that is directly related to your questions or posts is specifically included in this definition. You understand that while some Content may be supplied by medical professionals, this does not establish a doctor-patient relationship or imply a diagnosis, course of treatment, or opinion. Rather, the Content is offered to help you select a clinic (collectively, "Healthcare Providers") or for general informational purposes only.
We do not offer any guarantees, representations, or warranties, either explicit or implied, regarding any content (including but not limited to descriptions of professional qualifications, expertise, work quality, price or cost information, insurance coverage, or benefit information), even though we make reasonable efforts to provide you with accurate content. NEVER WILL WE BE RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY CHOICE YOU MAY HAVE MADE OR ACTION YOU MAY HAVE TAKEN BASED ON ANY SUCH CONTENT. Furthermore, we do not in any manner support, mention, or advocate for any person or organization that is listed in content and/or made available via the services.
2. WE DO NOT PROVIDE MEDICAL ADVICE
HealthHoppers is not a supplier of medical care. You may only use the Content for informative, scheduling, and payment reasons that you gain or receive through the Services from HealthHoppers, its employees, contractors, partners, sponsors, advertising, licensors, or from other sources. The only information that is provided for informative and communicational reasons by HealthHoppers, its social media platforms, emails, texts, and advertisements pertaining to health is all medically connected.
Although the content is intended to be helpful in your healthcare journey, it should not be used in place of, or as a substitute for, professional medical advice, diagnosis, or treatment. USE THE SERVICES ONLY NOT FOR IMMEDIATE MEDICAL NEEDS. IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911 IF YOU ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES. Nothing that is stated, posted, or made available through any service is meant to be, and should not be interpreted as, the provision of medical care or the practice of medicine, dentistry, nursing, pharmacy, or any other professional health care advice.
HealthHoppers does not suggest, recommend, or endorse any specific Healthcare Provider, test, procedure, viewpoint, or other information that may be made available through the Services. HealthHoppers is not a referral service. You use any Content at your own risk if you rely on it. In order to verify listed credentials and education, we encourage you to independently confirm any Content relevant to you with other sources, such as the office of the Healthcare Provider, relevant medical associations for the applicable specialty, state medical boards, and the relevant licensing or certification authorities.
3. NO DOCTOR-PATIENT RELATIONSHIP
The information shared with you is not and cannot be a replacement for medical care. ACCESS TO THE SERVICES OR CONTENT DOES NOT CREATE A PATIENT/LICENSED MEDICAL PROFESSIONAL RELATIONSHIP. THIS IS TRUE EVEN IF SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM HEALTHHOPPERS, LIKE, BUT NOT LIMITED TO, THE “FIND A CLINIC” FEATURE, HEALTHHOPPERS ANSWERS, HEALTHHOPPERS KNOWLEDGE BASE, HEALTHHOPPERS BLOG, HEALTHHOPPERS SOCIAL CHANNELS, HEALTHHOPPERS EMAILS OR TEXT MESSAGE READERS, AND ANY ASSISTANCE WE MAY OFFER TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.
We cannot promise that any Healthcare Provider will be available at any given moment, as we have no control over it. In addition to any harm or loss resulting from canceled or otherwise unfulfilled engagements, we shall not be liable for any other injury or loss occurring from, connected to, or resulting from the use of the Services.
4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS
When using the Services to make appointments with healthcare providers, you acknowledge and agree that: YOU ARE RESPONSIBLE FOR SELECTING A HEALTHCARE PROVIDER, INCLUDING, BUT NOT LIMITED TO, ESTABLISHING WHETHER THE APPLICABLE PROVIDER IS APPROPRIATE FOR YOUR HEALTHCARE NEEDS DUE TO SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES, AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
In order to (a) confirm that Healthcare Providers using the Services have the current licenses, certifications, or registrations necessary by law to practice the specializations of the services they offer through the services, and (b) confirm that the Healthcare Providers are not included in the Turkish HealthCare Provider Directory, HealthHoppers or its designee takes a few restricted steps. Healthcare Providers who, in HealthHoppers' opinion, have acted inappropriately or unprofessionally—including, but not limited to, in ways that are against our Community Standards—may also be barred from using our services.
HealthHoppers' listings of Healthcare professionals are not all-inclusive, even though all qualifying healthcare professionals are welcome to utilize our services. In order to be promoted through or to utilize the Services, Healthcare Providers listed through the Services may engage into agreements with us and pay fees. It's possible that HealthHoppers will get paid if you use the Services to make an appointment with a healthcare provider.
We will give you lists and/or profiles of Healthcare Providers in order to facilitate your search for potential fit and to allow the greatest variety and choice of Healthcare Providers taking part in the Services. The information you give us, such as your location, preferred course of treatment, and the healthcare specialization and/or services they offer, determines the basis for any search results. They could also be influenced to some extent by additional factors (such as Healthcare Provider availability, previous choices and/or ratings made by you and other HealthHoppers users, and prior interactions between HealthHoppers users and Healthcare Providers). It should be noted that other healthcare providers that fit your search parameters could exist but aren't currently accessible through HealthHoppers.
HealthHoppers (a) does not employ, refer, recommend, or endorse any Healthcare Providers; (b) makes no representations or warranties regarding these Healthcare Providers or the caliber of services they may offer; (c) does not guarantee that the information a Healthcare Provider provides about oneself is accurate or current; (d) does not guarantee that the services the Healthcare Providers provide are actually rendered or meet a certain caliber; and (e) does not receive any additional fees from the Healthcare Providers for being featured (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as explained below). We have no influence over the behavior of any healthcare providers, and they are not our employees. It should be noted, however, that HealthHoppers may offer lists and/or profile previews based on criteria decided by your company and your employer's agents or advisers to the extent that you utilize the Services as supplied by your employer.
Via the Services, we could display adverts or sponsored search results (also known as "Sponsored Results") to you, sometimes above, beside, or between other search results. Healthcare Providers pay HealthHoppers extra fees to be included in Sponsored Results; thus, Sponsored Results do not constitute an endorsement, referral, or recommendation of the Healthcare Provider by HealthHoppers. The labels "Sponsored" and "Paid Ad" are clearly visible on Sponsored Results inside the Services.
5. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES
The Services are a source of knowledge and instruction for both patients and healthcare professionals. After our editorial staff reviews Content, we may, but are not required to, post it via the Services. No party (including HealthHoppers) engaged in the creation or publishing of such works makes any assurances regarding the timeliness, accuracy, or completeness of the Content, and they disclaim all liability and responsibility for any mistakes or omissions in that Content or for the outcomes of using it.
Healthcare Provider Content: Only general reference use is intended for anything pertaining to healthcare providers and their procedures, or "Healthcare Provider Content." Healthcare Provider Content is gathered from many different data sources, which may not have been verified by the Healthcare Provider, and may be supplied by the Healthcare Provider and/or office personnel. Healthcare Provider Content is subject to regular changes and may become outdated, incomplete, or erroneous at any moment, despite our best efforts to verify it and maintain it current. Regarding the credentials of any specific healthcare provider, HealthHoppers offers neither certification nor advise.
Procedures/Products/Services: Certain people, patients, and clinical settings may not be suitable candidates for the procedures, goods, services, and equipment that are advertised and/or discussed through the Services. Ads, sponsors, and other paid or unpaid participants of the Services may represent procedures, products, services, or devices through the Services. These representations are made for your awareness only and do not imply safety, suitability for any specific person, or efficacy, outcome, or success.
Insurance Content: Health Hoppers works with the best in practice clinics that have a track record of no complications with operations. But if any complications arise health hoppers will be there to support you to get a follow up treatment. For our patients who want even more confidence you can partner up with the following international medical tourism insurance providers:
For Australian and UK patients: Medical Travel Shield (https://www.medicaltravelshield.com/)
American Patients: TME Insurance (https://tmetravelinsurance.com/)
Without limiting anything else herein, we offer no guarantees or warranties about the Insurance providers, as they are not our partners, and they should only be used at your own risk. We will not be liable for any of the communication or results resulted in your relationship with the insurance providers listed above or any of your choice.
AI Content: Through the Services, we could provide specific artificial intelligence (AI)-powered features or content (referred to as "AI Features"). Without limiting anything else herein, we offer no guarantees or warranties about the AI Features, which are supplied "AS IS" and should only be used at your own risk. Before dealing with the AI Features, you are responsible for determining whether the AI Features are appropriate, and you are responsible for any reliance on the accuracy, completeness, or usefulness of any AI Features. You shall not act or abstain from acting on the basis of any information provided by the Services, including the AI Features. We are not responsible for monitoring your interactions with the AI Features. You should assess the accuracy of any information generated by an AI feature as suitable for your use case. The AI Features may give information that is missing, erroneous, or objectionable and does not reflect our opinions. If information from an AI Feature refers to third-party products or services, it does not imply that the third party supports or is associated with us. We will not be liable in any way for the AI Features or any information generated by them, including, but not limited to, infringement of intellectual property rights, errors or omissions, or any loss or damage of any kind incurred as a result of your interaction with the AI Features.
6. MEDICAL INFORMATION
You may choose to enter certain medical information into the Services, such as requesting an appointment or completing a general medical history form that is not required or provided by a Healthcare Provider ("Medical History Form") on behalf of yourself or a third party from whom you have permission to provide such information. You can request (and approve) HealthHoppers to transmit this information to your preferred healthcare provider. You understand and agree that such information will be checked and approved by you or someone you have authorized at the time of your appointment to guarantee accuracy. You also agree that HealthHoppers may utilize the data or information provided in a Medical History Form in line with our Privacy Policy.
7. YOUR RESPONSIBILITIES
7.1 Your HealthHoppers Account Credentials When you establish a HealthHoppers Account, you will enter an email address and a password (together known as "Credentials"). You should keep your credentials secret and not share them with anybody else. If your password has been stolen or compromised, please contact us immediately by sending an email to info@healthhoppers.com. You agree to supply us with accurate, full, and current registration information about yourself. You may also be able to access Services provided by third-party companies such as Meta Platforms, Inc., Google LLC ("Google"), or Apple Inc. ("Apple"). If you connect to the Services via a third-party service, you grant us permission to access and use your information from that third-party service in accordance with its terms, as well as to record your log-in credentials for that third-party service. You ultimately have control over how much information is available to us, and you may exercise that control by altering your privacy settings on such third-party service. HealthHoppers has no control over, and accepts no responsibility for, the services, content, accuracy, privacy policies, practices, or opinions expressed by any such third party.
7.2 Your Responsibilities Generally While it is free to set up a HealthHoppers Account and download our app, you are still liable for your healthcare costs. Any charges for medical or related services provided by Healthcare Providers will apply and are solely your responsibility. You are responsible for ensuring that all information submitted to HealthHoppers is correct and up to date. Certain services may not be provided through HealthHoppers or your healthcare provider due to a variety of issues. Finally, any disagreement between you and any Healthcare Provider originating from any transaction under this Agreement must be resolved directly with the Healthcare Provider.
You are solely responsible for any use of the Services and your Credentials, including usage by those to whom you have granted your Credentials. You may only use the Services for authorized and non-commercial reasons. If the use of the Services is forbidden by relevant laws, you are not entitled to use them. You may not use the Services in any way that might damage, disable, overburden, or impair our systems or networks, or that interferes with another party's use and enjoyment of the Services. You may not try to gain unauthorized access to or exceed your authorized access to any of the Services, user accounts, computer systems, or networks, by any method. You may not collect or index, directly or indirectly, any content or part of the Services (including healthcare provider content, appointment availability, pricing information or insurance content) for any purpose.
You are also responsible for reviewing and following the terms set forth in our Acceptable Use Policy and Community Standards.
In addition to the rights set forth in these Terms of Use, we may take any legal action and implement technical measures to prevent violations of the restrictions set forth herein and to enforce these Terms of Use, our Acceptable Use Policy, and our Community Standards.
7.3 Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries If you are a health care provider or other person or entity in the health or medical field, whether you have a HealthHoppers account or book or intend to schedule appointments through the Services, you acknowledge and agree that:
(a) you will not use the Services based on price, availability or otherwise for any direct or indirect use of the Content, other than your personal use as a patient or prospective patient;
(b) You will not use the Services to create, attempt to create or enforce, directly or indirectly, any contract or agreement regarding the prices charged for products or services; the types, frequency or quantities of any product or service offered; or customer or customer groups of any product or service, or otherwise engage or attempt to engage in price-fixing, limiting production, or sharing customers or markets; and
(c) You will not use the Services, directly or indirectly, to engage in anti-competitive, deceptive or unfair practices (including, but not limited to, fraudulently booking health appointments or manipulating audit or rating data) or otherwise violate any applicable competition laws, competition or consumer protection laws or regulations.
7.4 Disputes Between Users If there is a disagreement between participants on this site or Services, or between users and any third party (including, but not limited to, Healthcare Providers), you acknowledge that HealthHoppers is under no duty to become involved. If you have a dispute with one or more other users or Healthcare Providers, you agree to release HealthHoppers, its directors, officers, employees, agents, and successors from all claims, demands, and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in any way related to such disputes and/or our Services.
9. THIRD PARTY LINKS AND SERVICES
9.1 Links to Other Websites While using the Services, you may come across links to other websites. These links are provided just for your convenience; we do not endorse these websites or the products and services they offer. You understand and accept that we are not responsible for the content or accuracy of any other websites. Although we make every effort to connect to credible websites, it is conceivable that they will include offensive, illegal, or incorrect content, and we will not be held accountable or liable for the legality or decency of any information contained in or accessible via such other websites. By using the Services, you agree to release and hold us harmless from any and all liability resulting from your use of any third-party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, as well as any other terms, conditions, warranties, or representations associated with such transactions, are solely between you and such organizations and/or individuals. You should conduct whatever investigation you believe is necessary or appropriate before engaging in any online or offline transaction with any of these third parties. You acknowledge that HealthHoppers is not responsible or accountable for any loss or damage suffered as a consequence of such transactions.
9.2 Third Party Software We may include third-party software as part of some Services, including but not limited to open source third-party software. Your use of such third-party software is subject to any additional terms and conditions specified by the third-party software supplier. Where applicable, we may offer additional disclosures pertaining to the third party software, such as attribution and disclaimer notices.
10. PAYMENT AND TRANSACTION PROCESSING
10.1 Payment and Transaction Processing Generally You may be able to utilize the Services to pay for Designated Provider Services (as defined in Section 10.2), other products or services offered by the appropriate Healthcare Provider, and/or other payment responsibilities, such as your insurance copayments. In conjunction with such transactions, we process your credit card information in line with our Privacy Policy. HealthHoppers and/or its payment processing partner may charge the relevant Healthcare Provider a transaction processing fee for the billing, collection, and payment services (the "Transaction Processing Services") provided in connection with such payment. Please keep in mind that any payment terms you are provided with while using or signing up for a paid service or the Transaction Processing Services are considered part of these Terms.
10.2 Designated Provider Services Certain Healthcare Providers may make price information for their healthcare and associated products and services ("Designated Provider Services") available through the Services, and you may use the Services to pay for such Designated Provider Services.
Before making an appointment for Designated Provider Services, please carefully consider (a) the price information and (b) all of the items and services that are included and excluded from each Designated Provider Service. Healthcare Providers must perform the appropriate Designated Provider Service at or below the price stated at the time of scheduling ("Designated Price"), unless you agree differently. Healthcare Providers may provide services that are in addition to or separate from Designated Provider Services. You and your healthcare providers are responsible for agreeing on cost for any extra or different services. HEALTHHOPPERS IS NOT RESPONSIBLE FOR YOUR OR ANY HEALTHCARE PROVIDER'S FAILURE TO AGREE ON PRICING FOR ADDITIONAL OR DIFFERENT SERVICES.
10.4 Transaction Processing If you make a payment using the Services, a transaction processing charge may apply. Healthcare providers may bill you individually for extra or different items or services. You acknowledge and agree to:
(a) You are responsible for paying the Designated Price for the Designated Provider Services charged through HealthHoppers by the applicable Healthcare Provider, as well as any additional or different services rendered during or related to the applicable appointment
(b) You are also responsible for paying any amounts required by law or contract (e.g., health plan agreement).
(c) If you use our Transaction Processing Services, HealthHoppers may handle your payment, maybe in partnership with our payment processing partner;
(d) HealthHoppers is not liable for any charges incurred by Healthcare Providers for their goods or services, including Designated Provider Services.
(e) HealthHoppers is not responsible for any charges submitted for processing by Healthcare Providers.
(f) If you dispute any fees assessed or charged through HealthHoppers by a Healthcare Provider, you will handle the disagreement immediately with the appropriate Healthcare Provider;
(g) if you utilize our Transaction Processing Services, you may be required to accept the terms of use and privacy policy of our payment processing partner with respect to Transaction Processing Services. Currently, we use Stripe, Inc. as our payment processing partner. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal;
(h) You will promptly review all charges processed through the Transaction Processing Services, and immediately notify HealthHoppers to the extent you have any questions, concerns or disputes; in no event may you raise any questions, concerns or disputes after twelve (12) months from the date of the applicable transaction; and
(i) You must provide current, complete, and accurate billing information, promptly update all information required to keep your billing information current, complete, and accurate, and promptly notify us or our payment processing partner if your account information is cancelled (for example, due to loss or theft) or if you become aware of a potential security breach.
We are not liable for any error, or other acts or omissions by the payment processor. You additionally understand and agree that neither HealthHoppers nor our payment processing partner will be held liable if we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
(A) Inaccurate or incomplete payment information;
(B) Insufficient cash or credit to execute the transaction;
(C) If you do not have an active payment card or cannot confirm your identity;
(D) If your account with us or our payment processing partner has been terminated or suspended;
(E) If we or our payment processing partner suspect an unlawful transaction;
(F) If we cancel or discontinue services to the healthcare provider.
11. REVIEWS AND OTHER CONTENT YOU POST OR SUBMIT
You will be able to provide feedback on your experiences with Healthcare Providers found through the Services, submit inquiries about potential medical needs, and participate in the Services' other interactive or community features (collectively, "Posted Information"). It is critical that you behave appropriately while giving Posted Information. Your stated Information must comply with our Acceptable User Policy, and your Healthcare Provider evaluations must adhere to our stated guidelines as well as any internal standards we may establish and adopt from time to time.
Please keep in mind that, while HealthHoppers may moderate Posted Information (including but not limited to Healthcare Provider reviews) to ensure compliance with the requirements outlined in this paragraph, HealthHoppers does not endorse or confirm the accuracy of any statements contained in such Posted Information; Posted Information reflects the author's views or opinions, not those of HealthHoppers.
Please keep in mind that all of the following licenses are subject to our Privacy Policy to the degree that they apply to Posted Information that also contains personally identifiable information about you.
By posting Posted Information through the Services, you agree to and hereby grant, and you represent and warrant that you have the right to grant, to HealthHoppers and its affiliates, agents, and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information as well as to adapt, edit, translate, prepare derivative works of. You represent and warrant that you have full authority to grant such licenses to us without infringing or violating any third-party rights, including but not limited to privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You may not publish Posted Information that is misleading, fraudulent, or does not truly reflect your thoughts and experiences.
You understand and agree that HealthHoppers may need to make changes to your Posted Information in order to conform and adapt it to the technical requirements of connection networks, devices, services, or media, and that the foregoing licenses include the rights to do so.
Posted Information is solely the responsibility of the individual from whom it originated and does not represent the views of HealthHoppers. HealthHoppers is not liable for any Posted Information or any claims, liabilities, or damages that may arise from it.
We also welcome and encourage you to give feedback, comments, and recommendations for improving the Services ("Feedback"). You can provide feedback by emailing us, contacting us through our social networking sites, or using another method of communication. Any feedback you provide to us will be regarded non-confidential and nonproprietary to you. By sending Feedback to us, you grant us a non-exclusive, global, royalty-free, irrevocable, sub-licensable, permanent right to use and publish such Feedback for any purpose without payment to you.
12. YOUR USE OF CONTENT
We or our licensors own all of the Content, and it is protected by copyright, trademark, patent, and trade secret laws, as well as other property rights and international treaties. You recognize that the Services, as well as any underlying technology or software used in connection with them, contain HealthHopper's proprietary information. We provide you permission to use the Content for personal, non-commercial purposes only, and we do not transfer any intellectual property rights to you as a result of your use of the Services.
You may print, download, and save information from the Services for your own personal use, but you may not copy, distribute, republish (except as expressly permitted herein), sell, or exploit any of the Content, or the Services in whole or in part, for any commercial gain or purpose. Except as specifically specified herein, neither HealthHoppers nor its suppliers offer you any express or implied rights, and HealthHoppers retains all rights to the Services that are not expressly granted to you.
13. DISCLAIMER
We founded HealthHoppers to improve patients' healthcare experiences, and we want your experience to be great. While we work hard to make that happen, you acknowledge that we have no control over, and are under no obligation to take any action regarding: (a) which users gain access to the Services, (b) what Content you access, (c) the effect the Content may have on you, (d) how you interpret or use the Content, or (e) the actions you may take as a result of having been exposed to the Content. You waive all liability for your use or inability to utilize any Content.
We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, as well as each of their respective successors and assigns (HealthHoppers and all such parties together, the "HealthHoppers Parties") make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through We have no unique connection or fiduciary obligation to you.
We (and our licensors and suppliers) offer the services "as is" and "as available." WE MAKE NO EXPRESSED OR IMPLIED WARRANTIES OR GUARANTEES REGARDING THE CONTENT OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR NEEDS. We do not guarantee that you will be able to use the Services (either directly or through third-party networks) at the times or locations of your choice. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY SERVICE USERS, OR FOR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, HEALTHHOPPERS MAKES NO WARRANTIES REGARDING THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS AVAILABLE THROUGH THE SERVICES, OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. HEALTHHOPPERS DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE, OR FREE OF DEFECTS, THAT DATA WILL NOT BE LOST, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ITEMS.
14. GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO CANCEL YOUR HEALTHHOPPERS ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU ACTUALLY PAID TO HEALTHHOPPERS AND WHICH HEALTHHOPPERS RETAINED IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory (including, but not limited to, tort, contract, strict liability, or otherwise) shall any of the HealthHhoppers Parties be liable for any indirect, special, incidental, punitive, consequential, or exemplary damages resulting from your use of, or inability to use, the Services, to you or any third party claiming under or through you. These disclaimers apply to any claims for lost revenue, lost information, lost goodwill, interruption of business, work stoppage, accuracy of results, computer malfunction or failure, any other commercial damages or losses, any substitute goods, services, or technology, or medical malpractice or the negligence of healthcare providers used in connection with the use of the services, or any matter outside of our reasonable control, even if we knew or should have known of the possibility of damages of this kind. Due to some states' or jurisdictions' prohibitions on the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited in accordance with this agreement to the greatest extent permitted by law in those states or jurisdictions.
Section 1542 of the California Civil Code, or any similar law of any jurisdiction, states, in part, that "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU SHALL AND HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO THIS STATUTE LAW.
15. TERMINATION
If you or someone else uses your credentials without permission, violates this agreement, our ACCEPTABLE USER POLICY, our COMMUNITY STANDARDS, or any other policies or terms posted through the Services, we reserve the right, at our sole discretion, to terminate, suspend, and/or deactivate your HEALTHHOPPERS Account immediately and without notice. Your HealthHoppers Account may also be terminated, suspended, or deactivated by us for any other cause, including prolonged periods of inactivity. If HealthHoppers terminates, suspends, or deactivates your access to the Services, neither you nor any third party will be entitled to compensation. Additionally, you consent to refrain from attempting to use the Services following any such termination, suspension, or deactivation (with the exception of situations in which deactivation results from inactivity alone, in which case you may open another HealthHoppers Account). Any content connected to your HealthHoppers Account may be destroyed if your account is terminated. The provisions listed in Sections 1 through 6, Sections 9 through 18, and any other clauses that should by nature remain in effect after these terms of use expire or terminate will also remain in effect.
Anybody who violates these Terms of Use or any applicable law pertaining to the Services may be subject to an investigation by HealthHoppers, and we reserve the right to take appropriate legal action against them. This may involve, among other things, having any offensive communication removed from the Services, having their HealthHoppers Account terminated, or preventing them from using the Services.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the HealthHoppers Parties upon our request from and against any and all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney's fees, arising from or connected to: (a) your use of the Services; (b) any violation of this Agreement (including, without limitation, these Terms of Use, the Acceptable Use Policy, and Community Standards); (c) any infringement on intellectual property or other rights of any person or entity; or (d) by any individual using your Credentials without permission. The aforementioned indemnity obligation is not applicable to any liabilities, claims, or costs resulting from our own willful wrongdoing or gross negligence.
17. MISCELLANEOUS
17.1 Electronic Contracting; Copyright Dispute This Agreement, which contains our Acceptable Use Policy, Privacy Policy, and Community Standards, is electronically signed by you when you use the Services and/or create a HealthHoppers Account. Electronic signatures on this agreement and any other documents to be delivered in connection with the services may be used. For the purposes of validity, enforceability, and admissibility, any electronic signatures appearing on this agreement or such other documents are the same as handwritten signatures.
Please visit our Acceptable User Policy to review our copyright dispute policy.
17.2 Phone/ Text Communications
(a) Communications through transactions. You specifically agree that HealthHoppers may contact you by phone, SMS, or MMS messages (or successor protocols or technologies) for transactional, operational, or informational purposes, including appointment confirmations, appointment reminders, and post-appointment feedback requests, at the phone number provided, by voluntarily giving HealthHoppers your mobile phone number and consenting to receive text messages. There may be message and data fees. Frequency of messages varies. To cancel, reply STOP; to assist, reply HELP.
(b) Communications for Marketing. You expressly agree to receive messages about the marketing and sale of our products, services, offers, promotions, and events, as well as your relationship with us, including your orders and the products and services that you have inquired about, by signing up to receive recurring automated marketing calls or text messages (such as SMS, MMS, or successor protocols or technologies) from HEALTHHOPPERS. You are aware that making any purchases from us does not require consent. There may be message and data fees. Frequency of messages varies. To cancel, reply STOP; to assist, reply HELP.
(c) Representations and Indemnity: You guarantee and represent that the mobile number you have provided to us is correct and genuine, and that everyone you register for the Services with or for whom you have provided a cellular phone number has given you permission to contact them. In the event that you violate the aforementioned, you agree to defend and hold HEALTHHOPPERS harmless against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees), including claims under the Federal Telephone Consumer Protection Act or any state law equivalents. You may also be held liable for claims resulting from your voluntarily providing a phone number that is not your own, or from your failure to update your account information with any changes.
(d) Conditions for Participation. You need to be a wireless service subscriber with text messaging service, have your own wireless device that can communicate in both directions, and be using a participating wireless carrier. Our communications might not be delivered in every location and not all mobile devices might be supported. Your mobile phone service provider may charge for messages and data, and these charges are governed by the terms and conditions set forth by your provider.
(e) Instructions for Opting Out: You have the option to stop receiving transactional and/or marketing text messages at any time by changing your account's notification settings, responding to any message you receive from us with the symbols STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, or by following the other instructions provided. You understand and consent to receiving a last text message verifying your opt-out. Be aware that using the Services may be affected if you choose not to receive any SMS at all.
(f) Accurate Account Information: To ensure that we have the most recent contact information, you should update both your HEALTHHOPPERS account information and the phone number(s) attached to your account if you change them. If you do not unsubscribe using the above procedures, any new phone number(s) you attach to your account may receive HEALTHHOPPERS standard SMS messages.
17.3 Limitation of Claims Any action you bring after one (1) year from the date the cause of action originated is permanently barred from being taken under this Agreement or in connection with it, regardless of form.
18 Severability The remaining terms of this agreement will remain intact if any one or more of its provisions are determined to be unlawful, void, or unenforceable for any reason. In addition, the unenforceable, illegal, or invalid provision shall be replaced by a provision that most closely reflects the parties' intentions as expressed in the unenforceable, illegal, or invalid provision; provided, however, that no such provision is valid, legal, or enforceable, in which case the unenforceable, illegal, or invalid provision shall be limited or eliminated to the least extent necessary to preserve the other provisions of this Agreement's full force and effect and enforceability.
18 Governing Law; Language Without giving effect to the state's conflicts of law statute, this Agreement shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York as applied to contracts made and to be performed entirely within New York. All references to documents included in this agreement were prepared in English, and any translations that differ from the English originals in any way will not be binding on either party.
18.6 Entire Agreement; Waiver The entire agreement between you and us, superseding any prior written or oral agreements, is this agreement plus any additional terms, policies, rules, and guidelines posted through the Services, all of which are incorporated herein by reference and include the Community Standards, the Acceptable Use Policy, and the Privacy Policy. Any additional rights under this agreement shall not be deemed waived by any party's inability to exercise in any manner any of the rights set for herein.
18.7 Texts The section Texts in this agreement are merely for convenience; they are not part of the agreement and do not define, describe, limit, alter, interpret, or construe any portion of this agreement or any of its terms or conditions.
18.8 Assignment This Agreement may be assigned by us at any time, including without limitation to any parent, subsidiary, or connected business, or in connection with a business sale, merger, or other transfer of our company or any of its assets to another party. This Agreement cannot be assigned, transferred, or sublicensed by you to another party, and any effort to do so in violation of this clause will be deemed void.
18.9 Eligibility To register a HealthHoppers Account or use the Services independently, you must be at least eighteen (18) years old, or the legal age in your jurisdiction to form a binding contract if that age is higher. You cannot use the Services if you are younger than eighteen.
You are not permitted to use the Services if you are ineligible under these Terms of Use. Where relevant legislation forbids use of the Services, such use is void, and access to the Services is withdrawn in such jurisdictions. You affirm and warrant that you have the legal authority to accept these Terms of Use by using the Services. The Services are managed in the United States and are solely meant for users residing in the United States; use of the Services in connection with activities conducted outside of the United States is forbidden and done at the user's own risk. It is the responsibility of users to adhere to any applicable local, state, or federal laws when using the Services.