Service Agreement Terms
SERVICE AGREEMENT AND OVERVIEW –
Health Network International, Inc. (“HNI”) provides its ProCare Network service to you, subject to the following terms of the Service Agreement (“Agreement”), which may be updated by us from time to time without notice to you. You can review the most current version of the Agreement at any time by clicking on the button at the bottom of the ProCare Network Web site labeled “Terms/Privacy”. ProCare Network currently provides users with access to a broad range of resources, including, but not limited to contact forms, discussion groups, shopping services, personalized content and information through its network of partners (the “Service”). All changes to the Service shall be subject to the Agreement. You understand and agree that the Service is provided “AS-IS” and that HNI assumes no responsibility for the timeliness, deletion, delivery problems or failure to store any information provided by you. You are responsible for obtaining access to the Service and any associated costs or fees.
WEB SITE BEHAVIOR –
You agree that all data, messages, graphics and any other information (“Material”), whether publicly posted or privately transmitted, are the sole responsibility of the person or organization from which such Material originated. Therefore you, and not HNI, are entirely responsible for all Material that you email, transmit or otherwise make available via the Service. HNI does not control the Material posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Material. Under no circumstances will HNI be liable in any way for any Material, including, but not limited to any errors or omissions in any Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to email, transmit or otherwise make available any Material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; or to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You acknowledge that HNI does not review Material available through the Service, but that HNI and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Material that is available via the Service. You agree that you must evaluate, and bear all risks associated with the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material. In this regard, you acknowledge that you may not rely on any Material created by HNI or its partner firms or submitted to HNI, including without limitation information in Message Boards, ProCare Network information services, and in all other parts of the Service. You acknowledge and agree that HNI may use Material in any way it desires. For Material you submit or make available for inclusion on generally accessible areas of the Service, you grant HNI a royalty-free and non-exclusive license to use such Material. You agree not to reproduce, duplicate, copy, sell, re-sell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
INDEMNITY –
You agree to indemnify and hold HNI, and its subsidiaries, affiliates, partner organizations, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Material you post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another Member or firm accessed through the Service.
USE AND TERMINATION OF SERVICE –
HNI reserves the right to log off Members that are inactive for an extended period of time. You agree that HNI has no responsibility or liability for the deletion or failure to store any messages or other Materials. HNI reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HNI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that HNI, in its sole discretion, may terminate your use of the Service for any reason without prior notice.
DEALINGS WITH PARTNER FIRMS AND OTHER THIRD PARTIES –
Your correspondence or business dealings with, or participation in promotions of, partner firms found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such firm. You agree that HNI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such firms on the Service. The Service may provide, or third parties may provide, links to other Web sites or resources. Because HNI has no control over such sites and resources, you acknowledge and agree that HNI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HNI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such materials, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES –
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HNI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. b. HNI MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HNI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. e. YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION ONLY AND IS NOT INTENDED TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, FINANCIAL OR LEGAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, NURSE OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE YOU UNDERGO ANY TREATMENT OR FOR ANSWERS TO ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS INTENDED TO BE OR IS TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. f. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE. g. THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT INTENDED TO CONSTITUTE, AND YOU AGREE THAT THEY DO NOT CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. THE SERVICE AND ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICE IS NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY h. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER USER OF THE SERVICE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY DAMAGES OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR MATERIAL OR INFORMATION PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
LIMITATION OF LIABILITY –
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HNI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
GENERAL –
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and that Material presented to you by HNI and its partner firms through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HNI or its partner firms, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Notices to you may be made via email or regular mail. The Agreement constitutes the entire agreement between you and HNI and governs your use of the Service, superseding any prior agreements between you and HNI. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Agreement and the relationship between you and HNI shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and HNI agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Indiana. The failure of HNI to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
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Welcome to ProCare Network, a network of Service Provider firms, resources and information. Health Network International, Inc. (“HNI”) provides its ProCare Network service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you.
This portion of the TOS describes how we collect information from you or about you, why we collect this information, how we will use or disclose this information and how you can update or delete personably identifiable information collected about you from our records. In addition, this portion of the TOS sets forth our general policies on security.
Disclosure of Your Personal Information to Parties outside the ProCare Network Group –
Any information or data about you that is or becomes known to HNI through your use of ProCare Network will not be disclosed to any parties outside the ProCare Network Group of firms or your employer. Any requests you make to ProCare Network for service, as well as the nature and outcome of the service(s) provided to you are confidential, and will not be communicated to your employer, without your written authorization.
IP Addresses –
There are several types of information we collect. For all visitors to the Service, we collect and log your IP address. An IP address is a number automatically assigned to your computer whenever you access the Internet. IP addresses allow computers and servers to recognize and communicate with one another. We collect IP address information to properly administer our system and to gather aggregate information on visitors to our site and how our site is being used, including the pages visitors are viewing. This aggregate information may be shared with advertisers, sponsors and others businesses. To maintain your anonymity, we do not associate IP addresses with records containing personal information. We will use IP address information, however, to personally identify you in order to enforce our legal rights or when required to do so by law enforcement authorities.
Quality Management Program –
HNI requires its ProCare Network partner firms to provide the names of its members who directly contact them, as ProCare members, for assistance. This enables HNI to periodically follow up with its members by email or phone to ensure that they are receiving high quality service from firms within the network.
Cookies –
We may place small data files, called “cookies,” in the browser file of your computer’s hard drive. These cookies automatically identify your browser to our server whenever you interact with the Service. Most browsers automatically accept these cookies, but you usually can change your browser setting to prevent the acceptance of cookies. In addition, we usually collect the domain name of the server from which you are visiting. This can provide us with information relating to the sources of our traffic. Collecting this information does not allow us to personally identify you.
Personal Data, Provider Contact Forms, Surveys and Disease Management Information –
We also collect personal information that you choose to share with us in the personal data, contact forms, surveys and disease management portions of the Service. This information may include email addresses and your answers to questions. Again, this information is only collected with your permission and, as explained below, may be updated or deleted by you at any time. We collect this information, should you decide to provide it to us, to tailor the Service to your personal interests and needs. For example, the contact process allows you to highlight the topics of interest to you, so that we can notify one of the firms in ProCare Network to assist you. It also allows us to create personal programs for you to use on a recurring basis.
Surveys –
At times, you may be asked to complete survey questions that appear on the Service. If you agree to participate in the survey, you may be asked to review and accept certain additional terms and conditions relating to use of the information you furnish, which may include personally identifiable information. These terms and conditions are in addition to the Privacy Policies set forth in the TOS, including sharing such personally identifiable information with market research firms with which we have a business relationship.
Email Communications, Newsletters and Related Services –
The Service provides you with the opportunity to receive communications from us or third parties. Once you have decided to receive such communications, you may later decide to stop receiving them. To stop receiving communications, you may send an email to procarecorporate@procarenetwork.com.
Information for E-Commerce Transactions –
Some areas of the Service may allow you to conduct e-commerce transactions. In connection with these transactions, we collect data necessary to complete the transaction and that is furnished by you. This information may be furnished to a third party in order to facilitate the transaction.
Aggregate Information –
We use general traffic, site usage, and length of stay information in reports to advertisers and firms with which we have a business relationship. This sort of information is shared only on an aggregated basis and does not personally identify you.
Other Sites –
Our privacy policies apply only to your use of the Service. The Service contains links to other sites, including sites that may indicate a special relationship with us. We are not responsible for the privacy practices of such other sites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.
Changes to Our Privacy and Security Policies –
Just as with the other terms and conditions of the TOS, we may change the terms and conditions of our Privacy Policies at any time by posting revisions on the Service. You agree to review the Privacy Policies portions of the TOS each time you use the Service so that you are aware of any modifications made to these policies. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the TOS as posted on the Service at the time of your access or use, including the Privacy Policies then in effect.
Contact Information –
If you have any questions about the Service, please contact us via phone at 317.974.2039 or by email at procarecorporate@procarenetwork.com/.
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