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I. OVERVIEW
\r\nBy accessing the Site (as defined herein), you agree to these Terms of Service, which are an
\r\nagreement between you and healthŌme Inc., an Alabama corporation (“healthŌme", "we",
\r\n"us") concerning your access to, and use of, various products and services offered through our
\r\nwebsite and any web-based and/or mobile applications that require you to create an account in
\r\norder to use the Services (as such term is hereinafter defined) (collectively, the “Site”). By
\r\naccessing, browsing, and/or using the Site, you accept and agree to be bound by the Terms of
\r\nService, Arbitration Notice, the Privacy Policy and the terms, conditions, policies and notices
\r\nstated or referenced therein (collectively, the “Terms of Service”). Please read these Terms of
\r\nService carefully before accessing or using our Site because your use of the Site means that you
\r\nagree to these Terms of Service. If you do not agree to all of these Terms of Service, do not
\r\naccess or use the Site. These Terms of Service may change. If we revise and update these
\r\nTerms of Service, your continued use of healthŌme and the Site will mean that you accept
\r\nthese changes. You choose whether or not to use healthŌme and the Site. If you do not agree
\r\nto all of these Terms of Service, please do not use healthŌme and the Site.
\r\nhealthŌme offers the Site, including all information and content with in the Site (collectively,
\r\nthe “Content”) and various services (the “Services”) to you, the user (including, without
\r\nlimitation, browsers, vendors, customers, merchants, and/ or contributors of content)
\r\nconditioned upon your acceptance of these Terms of Service and compliance with all
\r\napplicable laws and regulations. Your use of certain features or components of our Site, access
\r\nto certain Services may be limited to those users that have registered an account with us.
\r\nPlease note that certain sections of the Site may be intended only for particular audiences
\r\nsuch as health care professionals, patients and/or the general public. All Content including
\r\nimages, text documents, audio, video, and interactive media published on the Site is
\r\npresented in summary form and is provided for informational purposes only. The Content is
\r\nintended to help individuals better understand certain health conditions and treatment
\r\noptions. The Content is not intended in any way to be a substitute for professional medical
\r\nadvice and should not be interpreted as treatment recommendations. Only a qualified health
\r\ncare provider who has had an opportunity to interact with the individual directly, with access
\r\nto the individual’s medical records and the opportunity to conduct appropriate follow-up, can
\r\nprovide recommendations for treatment.
\r\nAlways seek the advice of your qualified health provider with any questions you may have
\r\nregarding a medical condition. Neither the Content nor any other Services offered by or
\r\nthrough the Site is intended to be relied on for medical diagnosis or treatment without a
\r\n\r\n
2
\r\nqualified healthcare provider's interaction and involvement. Never disregard medical advice
\r\nor delay in seeking advice or treatment because of something you have read on the Site.
\r\nAny new features, tools or services which are added to the current Site shall also be subject to
\r\nthese Terms of Service. You can review the most current version of the Terms of Service at any
\r\ntime on this page. We reserve the right to update, change or replace any part of these Terms of
\r\nService by posting updates and/or changes to our Site. Any such changes will be effective as of
\r\nthe date of posting. It is your responsibility to check this page periodically for changes. Your
\r\ncontinued use of or access to the Site (including the Content) to obtain any Services following
\r\nthe posting of any changes constitutes your acceptance of those changes. Your sole remedy for
\r\nany disagreements or issues with the changes to the Terms of Service is to immediately
\r\ndiscontinue your use of the Site (including the Content and the Services).
\r\nBy agreeing to these Terms of Service, you represent that you are at least the age of majority in
\r\nyour state of residence, or that you are the age of majority in your state of residence.
\r\nII. SERVICES
\r\nWe offer various Services to our users that are offered by healthŌme or its third-party
\r\nproviders, including, but not limited to, healthcare providers, clinical laboratories, and/or
\r\nother vendors. By accepting these terms you agree that we can use User Information (defined
\r\nbelow) information to contact you in connection with the Services and Site, all in accordance
\r\nwith our [PRIVACY POLICY].
\r\nAs further described below, our Services may include: (i) interpretation of genetic testing
\r\nresults provided by licensed and qualified health care providers; (ii) genetic counseling services
\r\nprovided by licensed and qualified genetic counselors; (iii) genetic testing services provided by
\r\nclinical laboratories and other vendors; and (iv) if a user is diagnosed with certain conditions
\r\nthat may benefit from genetic-based treatment services: (w) creation of a precision treatment
\r\nreport by licensed and qualified health care providers; (x) peer-to-peer consultation with your
\r\ntreating physician by licensed and qualified health care providers; (y) clinical trial enrollment
\r\nsupport; and (vii) assistance with navigation of care from diagnosis through treatment by a
\r\nlicensed and qualified nurse navigator]. These Services will be made available through the Site
\r\nand also are subject to these Terms of Service. By accepting these Terms of Service, you agree
\r\nthat any Services you receive from any third-party medical practices, including their qualified
\r\nhealthcare providers; genetic counselors; clinical laboratories and other vendors, also are
\r\nsubject to these Terms of Service, and the third-party medical practices, genetic counselors,
\r\nclinical laboratories, and other vendors, are third-party beneficiaries of these Terms of Service.
\r\nFrom time to time, we may modify or update the descriptions of our Services contained in this
\r\nSection II or elsewhere on the Site. We also reserve the right at any time to discontinue a
\r\nService (or any part thereof). You agree and understand that we shall not be liable to you or to
\r\nany third party for any modification, price change, suspension or discontinuance of a Service.
\r\n\r\n
3
\r\nOur Services currently are available only to individuals who are located in the United States of
\r\nAmerica (“States”) and who are at least eighteen (18) years of age or older (or at least the age
\r\nof majority in their jurisdiction of residence).
\r\na. Genetic Testing Services
\r\nWe may provide access to genetic testing services offered by clinical laboratories
\r\n(“Laboratories”), including Kailos Genetics, Access Genetics, and Protean Biodiagnostics.
\r\nIf you wish to be connected with the Laboratories through the Site, you understand and agree
\r\nthat you are providing your personal health information to, and receiving genetic testing from,
\r\nsuch Laboratories, and not healthŌme. Please review our [PRIVACY POLICY] for more
\r\ninformation on healthŌme’s uses and disclosures of your personal data. The Laboratories may
\r\nbe governed by federal or applicable State privacy rules that may not be applicable to
\r\nhealthŌme. Please review the Laboratories’ [NOTICE OF PRIVACY PRACTICES] for more
\r\ninformation about the Laboratories’ use and disclosure of your personal data. You understand
\r\nthat the Laboratories’ Notice of Privacy Practices applies solely to the Laboratories, and not
\r\nhealthŌme.
\r\nBy accepting these Terms of Service, you acknowledge and accept that healthŌme is not a
\r\nLaboratory. When you use the Services, you understand that we are simply connecting you to
\r\nthe Laboratories. HEALTHŌME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, OR
\r\nTIMELINESS OF THE LABORATORIES, AND IS NOT RESPONSIBLE FOR ANY OF THE SERVICES PROVIDED BY THE LABORATORIES.
\r\nb. Genetic Testing Ordering, Interpretation and Counseling Services
\r\nhealthŌme offers nurse navigation services as described above, but does not engage in the
\r\npractice of medicine or otherwise provide clinical services. Instead, healthŌme may make
\r\ncertain genetic testing, genetic counseling services and second opinion/treatment decision
\r\nsupport available to you by facilitating your access to third-party medical providers and genetic
\r\ncounselors. By using these Services, you understand and agree that you are not establishing a
\r\nphysician-patient relationship or other provider-patient relationship with healthŌme by using
\r\nthe Service.
\r\nThe Services include access to third-party licensed and qualified healthcare providers and
\r\ngenetic counselors (each, a “Provider” and collectively, the “Providers”) through one or more
\r\nlicensed medical practices that have agreed to provide professional services to individuals who
\r\nobtain Services through healthŌme, including SteadyMD and Protean Biodiagnostics
\r\n(collectively, the “Practices”). By using the Services, you may be entering into a physician-
\r\npatient relationship or other provider-patient relationship with the Practices or one or more of
\r\ntheir respective Providers. You understand that telemedicine and telecounseling services may
\r\nnot be a substitute for in-person care in all cases, and the Practices or your Providers may need
\r\nto refer you to other service providers.
\r\nBefore obtaining genetic testing or genetic counseling services through the Site, you will be
\r\nrequired to review and provide informed consent in order to obtain such Services. See the
\r\n\r\n
4
\r\nPractices’ Telemedicine Consent [here]. You agree that healthŌme is a third-party beneficiary
\r\nof such consent and has the right to enforce it against you.
\r\nThrough the Site, the Practices and Providers may order genetic tests that will be processed by
\r\nthe Laboratories, review the results of such genetic testing, and provide you with genetic
\r\ncounseling about such results. You understand and agree that the Practices and Providers are
\r\nsolely responsible for the clinical interpretation and counseling services that they provide to
\r\nyou. healthŌme is not responsible for the Practices’ or Providers’ acts, omissions or for any
\r\ncontent of the communications made by them. In certain cases, a Provider may recommend
\r\nthat your genetic testing results should be shared with a healthcare provider or requires
\r\nhealthcare services that are not offered by the Practices or Providers, in which case, you will be
\r\nnotified accordingly and you will not be able to use the Services for that clinical issue.
\r\nIf you wish to be connected with the Practices or Providers through the Site, you understand
\r\nand agree that you are providing your personal health information to, and receiving genetic
\r\ntesting and counseling from such Practices or Providers, and not healthŌme. Please review our
\r\n[PRIVACY POLICY] for more information on healthŌme’s uses and disclosures of your personal
\r\ndata. The Practices and Providers may be governed by federal or applicable State privacy rules
\r\nthat may not be applicable to healthŌme. Please review the Practices’ [NOTICE OF PRIVACY
\r\nPRACTICES] for more information about the Practices’ and Providers’ use and disclosure of your
\r\npersonal data. You understand that the Practices’ Notice of Privacy Practices applies solely to
\r\nthe Practices and Providers, and not healthŌme.
\r\nHEALTHŌME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, SUITABILITY, RELIABILITY OR
\r\nTIMELINESS OF THE PRACTICES OR PROVIDERS AND IS NOT RESPONSIBLE FOR ANY OF THE SERVICES PROVIDED BY THE
\r\nPRACTICES OR PROVIDERS.
\r\nIII. HEALTHŌME AND USER-GENERATED CONTENT
\r\nOur Site may also contain Content, which includes, but is not limited to, information regarding
\r\nour Services, blogs, and other information (whether in text, audio, graphics, and/or video)
\r\nprovided by healthŌme, third parties, or other users. You may access and use the Content on
\r\nthe Site only as permitted under these Terms of Service and the Privacy Policy. You agree that
\r\nyou will not use, copy or distribute any of the Content other than as expressly provided herein.
\r\nYou understand that by using the Site, you may be exposed to Content that may be offensive,
\r\nindecent or objectionable, and you agree that we shall not be liable for any such Content and
\r\nthat the risk of harm or damage from the foregoing rests entirely with you.
\r\na. healthŌme Content
\r\nAll Content presented by healthŌme is intended to be used for personal, educational or
\r\ninformational purposes only. Any reliance on the Content is at your own risk. You agree and
\r\nunderstand that we are not responsible if any Content made available on the Site, or as part of
\r\na Service, is not accurate, complete or current. We reserve the right to modify the Content at
\r\n\r\n
5
\r\nany time, but we have no obligation to update any of the Content. You agree that it is your
\r\nresponsibility to monitor any changes to the Content.
\r\nb. User-Generated Content
\r\nAs part of our Services, we may provide various social media and interaction tools such as
\r\nforums, posting comments and reviews. These Terms of Service govern your participation in
\r\nsuch social media tools. You understand that we are not liable for any statements,
\r\nrepresentations, links or Content provided by our users in any forum on the Site (such Content
\r\nshall be referred to as “User-Generated Content”) or any Third-Party Site (defined below).
\r\nUser-Generated Content, if displayed, is displayed for informational purposes only. We cannot
\r\nand do not guarantee the accuracy, integrity or quality of User-Generated Content. You will not
\r\nhold us liable in any way for (i) any errors or omissions in any User-Generated Content; or (ii)
\r\nany loss or damage (including, without limitation, personal injury or property damage) of any
\r\nkind incurred as a result of the use of any User-Generated Content. PLEASE NOTE: YOU ARE
\r\nPROHIBITED FROM POSTING ANY USER-GENERATED CONTENT THAT INCLUDES INFORMATION
\r\nPROTECTED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND
\r\nIT ACCOMPANYING REGULATIONS (“HIPAA”).
\r\nIV. YOUR OBLIGATIONS; YOUR REPRESENTATIONS AND WARRANTIES
\r\nIn addition to any other obligations set forth in these Terms of Service, you understand and
\r\nagree that you are solely responsible for maintaining the security of your account. You are also
\r\nsolely and fully responsible for all activities that occur under your username and any other
\r\nactions taken in connection with your account. You agree to immediately notify us in writing of
\r\nany unauthorized use of this Site or any other breaches of security. You acknowledge and agree
\r\nthat we will not be liable for any acts or omissions by you, including any loss or damage of any
\r\nkind incurred as a result of such acts or omissions.
\r\nYou are solely responsible for providing and maintaining at your own expense, appropriate
\r\ntechnological capabilities to use the Site and access the Services, including but not limited to, a
\r\ndevice with a video camera and Internet access. We reserve the right to change the access
\r\nconfiguration, including any software, hardware or other requirements at any time and without
\r\nprior notice.
\r\nYou shall submit only truthful, complete, and accurate information through the Site.
\r\nIn addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
\r\nusing the Site, Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform
\r\nor participate in any unlawful acts; (c) to violate any international, federal, provincial or state
\r\nregulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
\r\nproperty rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
\r\ndefame, slander, disparage, intimidate, or discriminate based on gender, gender expression,
\r\nsexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false
\r\n\r\n
6
\r\nor misleading information; (g) to upload or transmit viruses or any other type of malicious code
\r\nthat will or may be used in any way that will affect the functionality or operation of the Site or
\r\nof any related website, other websites, or the Internet; (h) to collect or track the personal
\r\ninformation of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any
\r\nobscene or immoral purpose; or (k) to interfere with or circumvent the security features of the
\r\nSite or any related website, other websites, or the Internet. We reserve the right to terminate
\r\nyour use of the Site (and any Services) for any purpose, in our sole discretion.
\r\nBy submitting any Content via the Site (such Content shall be referred to as “User
\r\nInformation”), you further represent and warrant that:
\r\n● You are the sole author and owner of the intellectual property and other rights thereto
\r\n(or have the necessary licenses, rights, consents and permissions in User Information to
\r\npermit use of User Information in the manner contemplated by these Terms of Service);
\r\n● User Information does not infringe any copyright, patent, trademark, trade secret or
\r\nother proprietary rights or rights of publicity or privacy of any person or entity;
\r\n● All “moral rights” that you may have in User Information have been voluntarily waived
\r\nby you;
\r\n● To the extent applicable, you shall comply with the Federal Trade Commission’s Guides
\r\non the Use of Endorsements and Testimonials in Advertising;
\r\n● User Information is accurate;
\r\n● You are at least 18 years old and, if you are a minor, that you have obtained the consent
\r\nof your parent or legal guardian to use the Site and their agreement to these Terms of
\r\nService;
\r\n● User Information does not cause injury to any person or entity or violate any obligations
\r\nyou may have with a third party;
\r\n● User Information is not, or would not reasonably be considered to be, unlawful,
\r\nharmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's
\r\nprivacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening
\r\nor harassing to any individual, partnership or corporation;
\r\n● User Information does not contain any computer viruses, worms or other potentially
\r\ndamaging computer programs or files;
\r\n● User Information Is not a form of phishing and does not contain unsolicited or
\r\nunauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
\r\n"pyramid schemes," or any other form of solicitation; and
\r\n● Your Content does not violate these Terms of Service, the Privacy Policy or any
\r\napplicable law, rules or regulations.
\r\nYou understand that we may, but have no obligation to, monitor, edit or remove content that
\r\nwe determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory,
\r\npornographic, obscene or otherwise objectionable or violates any party’s intellectual property
\r\n\r\n
7
\r\nor these Terms of Service. Except as otherwise provided in these Terms of Service, you
\r\nunderstand and agree that User Information will be treated as non-confidential and non-
\r\nproprietary information.
\r\nhealthŌme may use your User Information for various purposes, including [ADD] and for any
\r\nother purpose specified in our Privacy Policy [LINK].
\r\nV. FEES
\r\nAt this time, all costs for your use of the Site and Services are covered by your insurance policy.
\r\nNeither healthŌme nor the Laboratories or Practices or Providers will charge you for Services
\r\nrendered through the Site.
\r\nIn the future, healthŌme may offer add-on or additional products or services (collectively, the
\r\n“New Service Offerings”) for which it may charge fees. Any fees associated with the New
\r\nService Offerings will be clearly labelled, and you may not be able to avail yourself of such New
\r\nService Offerings without paying the stated fees. You agree that you will provide complete and
\r\naccurate credit card information, which will be charged for all amounts due and payable for the
\r\nNew Service Offerings. You agree to promptly update your account and other information,
\r\nincluding your email address and credit card numbers and expiration dates, so that we can
\r\ncomplete your transactions and contact you as needed. You will be responsible for any
\r\napplicable sales, use, duty, customs or other governmental taxes, levies or fees due with
\r\nrespect to your purchase of any New Service Offerings. You also agree to pay for the shipping
\r\nand handling charges, if any, shown at the time you make a purchase.
\r\nIn order to obtain the New Service Offerings, if any, offered through the Site, you may be
\r\nrequired to pay a “total” price for the New Service Offerings. However, if a product or service
\r\nyou purchase required a consultation with a Provider and/or includes a genetic or other test
\r\nperformed by the Laboratories, then the total price you pay will include the amount charged by
\r\nthe Laboratories for the test performed, and the amount charged by the Provider for services
\r\nrendered, as well as the amount we charge for use of and access to the Site and Services. We
\r\ncollect the amounts charged by the Practices and their Providers and the Laboratories on their
\r\nbehalf, and pass the applicable amounts through to them.
\r\nBy agreeing to use the Site, you acknowledge and agree that you have the financial
\r\nresponsibility for all New Service Offerings provided to you. We reserve the right to refuse any
\r\norder you place with us or limit or cancel quantities in our sole discretion. If we make a change
\r\nto or cancel an order, we may attempt to notify you by contacting you through your account, or
\r\nvia email, text, phone number or billing address provided at the time the order was made. We
\r\nreserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by
\r\ndealers, resellers or distributors.
\r\nVI. THIRD PARTIES; THIRD-PARTY LINKS
\r\n\r\n
8
\r\nYou acknowledge and understand that certain of healthŌme’s shareholders, directors, officers,
\r\nemployees, contractors or agents may have a financial interest in one or more third parties
\r\nproviding the Services, and may profit from your use of such Services.
\r\nFurther, certain Content and Services available on the Site may include materials from third
\r\nparties. You understand and agree that healthŌme has no responsibility for the accuracy,
\r\nsuitability or reliability of such third-party Content.
\r\nThird-party links on the Site may direct you to a third-party website that is not affiliated with us
\r\n(“Third-Party Site”). We are not responsible for examining or evaluating the content or
\r\naccuracy of the information available on Third-Party Sites, and we do not warrant and will not
\r\nhave any liability or responsibility for any third-party materials or information contained on a
\r\nThird-Party Site, or for any other materials, products, or services of third parties.
\r\nYou understand and agree that we will not be liable for any harm or damages related to the
\r\npurchase or use of goods, services, resources, content, or any other transactions made in
\r\nconnection with any third party. Please carefully review the third party’s policies and practices
\r\nand make sure you understand them before you engage in any transaction. Complaints, claims,
\r\nconcerns or questions regarding third-party products should be directed to the applicable third
\r\nparty.
\r\nVII. INTELLECTUAL PROPERTY; LICENSES
\r\na. healthŌme Intellectual Property
\r\nSubject to these Terms of Service, you are hereby granted a non-transferable, non-exclusive,
\r\nlimited, revocable license to use the software and access the Content provided to you through
\r\nthe Site. As between you and healthŌme, you understand and agree that all Content (except
\r\nfor User Information) displayed on our Site, or otherwise used in any messages to you, is our
\r\nexclusive property. Except as permitted herein, any use of the Content (except for User
\r\nInformation), including reproduction for purposes other than those permitted above,
\r\nmodification, distribution, republishing, transmission, display or performance is strictly
\r\nprohibited.
\r\nb. User Information and Feedback
\r\nYou grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable
\r\nand transferable right and license to User Information to use, reproduce, communicate,
\r\ndistribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly
\r\ndisplay, publicly perform, use, create derivative works from and/or sell and/or distribute User
\r\nInformation and/or incorporate User Information into any form, medium or technology
\r\nthroughout the world without compensation to you. This license will survive the termination of
\r\nthese Terms of Service. Note, as defined above, “User Information” does not include genetic
\r\n\r\n
9
\r\ntesting results, reports and counseling information provided to you through the Site, which will
\r\nbe protected as further described in the [PRIVACY POLICY].
\r\nYou understand and agree that any ideas, suggestions, knowhow, improvements, comments, or
\r\nother feedback (collectively, “Feedback”) that you submit to us, whether by posting User
\r\nInformation on our Site or through any other communication or means, will be the exclusive
\r\nproperty of healthŌme. To the extent you own any rights in the Feedback, you agree to assign
\r\nand hereby do assign to us all right, title and interest in and to the Feedback. You agree to
\r\nperform all acts reasonably requested by us to perfect and enforce such rights.
\r\nVIII. TERMINATION
\r\nhealthŌme may terminate your access to the Site or any of the Services at any time and for any
\r\nreason, including, without limitation, your breach of any of the Terms of Service. Upon
\r\ntermination, your access to the Site and the terminated Services will immediately cease. The
\r\ndisclaimers, limitations of liabilities, releases and waivers set forth in these Terms of Service
\r\nshall survive any such termination.
\r\nYou may also terminate these Terms of Service at any time by notifying us that you no longer
\r\nwish to use the Site, or our Services, or when you cease using the Site or the Services.
\r\nIX. DISCLAIMER OF WARRANTIES
\r\nALL SERVICES, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” HEALTHŌME,
\r\nINCLUDING THE LABORATORIES, AND THE PRACTICES AND THEIR PROVIDERS, DISCLAIM ALL WARRANTIES AND
\r\nCONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
\r\nIMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-
\r\nINFRINGEMENT. HEALTHŌME DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT, SERVICES OR THE SITE ARE OR WILL
\r\nBE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THIS SITE, OR ANY OTHER SOFTWARE, TECHNOLOGY
\r\nOR SERVERS USED IN THE DELIVERY OF THE SITE (AND ITS CONTENT), THE PRODUCTS OR THE SERVICES ARE FREE OF ANY
\r\nVIRUSES OR OTHER HARMFUL COMPONENTS.
\r\nYOU AGREE THAT WHEN YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH THE SITE, OR BY
\r\nUSING THE SERVICES, YOU DO SO AT YOUR OWN RISK, AND THAT YOU WILL BE WHOLLY RESPONSIBLE FOR YOUR USE OF THE
\r\nFOREGOING AND ANY LOSS OF DATA, DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY OTHER HARM THAT
\r\nMAY RESULT FROM SUCH USE. FURTHER, YOU UNDERSTAND THAT THE CONTENT AND OTHER INFORMATION AVAILABLE TO
\r\nYOU AND THE TECHNOLOGY USED TO FORMULATE AND DELIVER SUCH CONTENT AND INFORMATION, MAY CONTAIN ERRORS,
\r\nBUGS, PROBLEMS OR OTHER LIMITATIONS, AND THAT YOUR USE OF SUCH INFORMATION AND CONTENT IS AT YOUR OWN RISK
\r\nAND SHOULD NOT RELY UPON IT WITHOUT VERIFICATION.
\r\nX. LIMITATION OF LIABILITY
\r\nHEALTHŌME, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, THE LABORATORIES, AND THE
\r\nPRACTICES AND THEIR PROVIDERS (COLLECTIVELY, THE “HEALTHŌME PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF
\r\nANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT, OR ANY OF THE SERVICES. TO THE
\r\nFULLEST EXTENT PERMITTED BY LAW, THE HEALTHŌME PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS
\r\nWHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
\r\nDAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO
\r\nYOUR USE OF THE SITE, CONTENT, AND SERVICES, EVEN IF THE HEALTHŌME PARTIES WERE ADVISED OF OR WAS AWARE OF
\r\nTHE POSSIBILITY OF SUCH DAMAGES. THE HEALTHŌME PARTIES’ LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS
\r\n\r\n
10
\r\n($100.00). Some jurisdictions do not allow certain limitations or exclusions of damages, so some of
\r\nthe foregoing disclaimers and limitations may not apply to you.
\r\nYOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF
\r\nTHE SITE OR CONTENT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH
\r\nACTION OCCURRED.
\r\nXI. INDEMNIFICATION
\r\nYou agree to indemnify, defend and hold harmless the healthŌme Parties from any and all third
\r\nparty suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities,
\r\nobligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and
\r\nlitigation expenses) relating to or arising from your use of the Site, or your breach of these
\r\nTerms of Service (including any referenced policies of notices),or your violation of any law or
\r\nthe rights of a third party.
\r\nXII. PRIVACY POLICY
\r\nhealthŌme respects your privacy and understands the importance of confidentiality and privacy
\r\nof your personal information. Please review our [PRIVACY POLICY] for information regarding
\r\nhow we may collect, use and disclose your personal information. The [PRIVACY POLICY] is
\r\nhereby incorporated by reference into these Terms of Service.
\r\nXIII. ELECTRONIC COMMUNICATIONS
\r\nIn connection with your access or use the Services, including the Site, you hereby consent to
\r\nreceive electronic communications from us, the Laboratories, and the Practices and their
\r\nProviders, whether through email or through the Site, or other electronic means. You are
\r\nresponsible for checking and responding to these messages. You may not hold healthŌme, the
\r\nLaboratories or the Practices or any of their Providers liable for any injury, loss, or claims
\r\nresulting from your failure to read or respond to these messages or comply with the advice or
\r\ninstructions contained in a message from the Laboratories, the Practices or any of their
\r\nProviders. You agree to the use of electronic documents and records in connection with this
\r\nTerms of Service and all future documents and records in connection with the Site and
\r\nServices—including this electronic signature and disclosure notice—and that this use satisfies
\r\nany requirement that healthŌme provides you these documents and their content in writing. If
\r\nyou do not agree, do not enter into this Terms of Service. You have the right to receive a paper
\r\ncopy of electronic communications if and to the extent required under applicable Law. You
\r\nmay (a) obtain a paper copy of any document or record of these Terms of Service, (b) withdraw
\r\nyour consent to the use of electronic documents and records, or (c) update your contact
\r\ninformation through your Application account. To receive or access electronic documents and
\r\nrecords, you must have the following equipment and software: (i) a device that is capable of
\r\naccessing the Internet, (ii) a compatible Internet browser, and (iii) software that permits you to
\r\nreceive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader 8.0
\r\nor higher. To retain documents and records, your device must have the ability to download and
\r\n\r\n
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\r\nstore PDF files. Your access to this page verifies that your system and device meets the above
\r\nreceipt, access, and retention requirements.
\r\nXV. COPYRIGHT AND TRADEMARKS.
\r\nAll content included on the Site including, but not limited to, text, photographs, video,
\r\ndocuments, graphics, button icons, images, artwork, names, logos, trademarks, service marks,
\r\nand data (the “Marks”), in any form including the compilation thereof, are proprietary to
\r\nhealthŌme and protected by U.S. and international copyright law and conventions. The Marks
\r\ninclude both Marks owned or controlled by healthŌme and Content owned or controlled by
\r\nthird parties and licensed to healthŌme. Except as set forth below, direct or indirect
\r\nreproduction of the Marks, in whole or in part, by any means, is prohibited without our express
\r\nwritten consent. You are authorized only to use the Site for personal use and are not authorized
\r\nto reproduce, sell, or exploit the Site or content of the Site for commercial purposes.
\r\nXIV. GOVERNING LAW
\r\nThese Terms of Service shall be governed by and construed in accordance with the laws of the
\r\nState of [Alabama].
\r\nXV. THIRD-PARTY BENEFICIARIES
\r\nAny use of third-party software (or associated third-party products or services) shall be
\r\ngoverned by the applicable party’s license or terms of use, and not by these Terms of Service. In
\r\naddition to this Terms of Service, your use of the Service and the Site (and the Content) must
\r\ncomply with all applicable third-party terms of use.
\r\nExcept as expressly set forth herein (e.g., in certain instances with respect to the Laboratories,
\r\nand the Practices and their Providers, the parties agree that there are no third party
\r\nbeneficiaries of these Terms of Service.
\r\nXVI. GENERAL TERMS
\r\nThe headings used in this agreement are included for convenience only and will not limit or
\r\notherwise affect these Terms of Service.
\r\nIn the event that any provision of these Terms of Service is determined to be unlawful, void or
\r\nunenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted
\r\nby applicable law, and the unenforceable portion shall be deemed to be severed from these
\r\nTerms of Service, such determination shall not affect the validity and enforceability of any other
\r\nremaining provisions.
\r\nThe failure of us to exercise or enforce any right or provision of these Terms of Service shall not
\r\nconstitute a waiver of such right or provision.
\r\n\r\n
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\r\nThese Terms of Service shall not create any partnership, joint venture, employment, or other
\r\nagency relationship between you and healthŌme, the Laboratories, or the Practices and their
\r\nProviders.
\r\nThese Terms of Service and any policies or operating rules referenced or posted by us on the
\r\nSite constitutes the entire agreement and understanding between you and us and supersedes
\r\nany prior or contemporaneous agreements, communications and proposals, whether oral or
\r\nwritten, between you and us (including, but not limited to, any prior versions of the Terms of
\r\nService).
\r\nhealthŌme may, in its sole discretion, transfer, its contractual rights and obligations set forth in
\r\nthese Terms of Service to any affiliate of healthŌme or to another third party in the event that
\r\nsome or all of the healthŌme’s business is transferred to a third party by way of merger, sale of
\r\nits assets or otherwise. You may not assign any of your rights hereunder, and any such attempt
\r\nby you will be deemed null and void.
\r\nXVII. CONTACT INFORMATION
\r\nPlease send any questions to privacy@healthome.com
