HealthLat
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
HealthLat LLC. ("HealthLat") may revise and update these Terms and Conditions at any time. Your continued usage of the HealthLat website ("HealthLat Site," or the "Site,") will mean you accept those changes.
Registered or non-registered users of the Site choose to report ("sell") healthcare experience are "Sellers" or "Buyers" if they use or purchase any information, including but not limited to a healthcare experience report ("HealthLat Experience Report").
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
LIABILITY OF HEALTHLAT AND ITS CONTENT SUBMITTERS
HEALTHLAT PATIENT SAFETY REPORT PROGRAM
FOR BUYERS OF PHYSICIAN-REPORTED OBSERVATION SERVICE
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the HealthLat Site, such as text, graphics, images, information obtained from HealthLat's users, and other material contained on the HealthLat Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the HealthLat Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. HealthLat does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by HealthLat, users of HealthLat, HealthLat employees, others appearing on the Site at the invitation of HealthLat, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
HealthLat authorizes you to view or download a single copy of the material on the HealthLat Site, after payment if applicable, solely for your personal, noncommercial use if you include the following copyright notice: " © 2007 HealthLat LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the HealthLat Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF HEALTHLAT AND ITS CONTENT SUBMITTERS.
The use of the HealthLat Site and the Content is at your own risk.
When using the HealthLat Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of HealthLat and its content submitters. Accordingly, HealthLat assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the HealthLat Site.
The HealthLat Site and the content are provided on an "as is" basis. HEALTHLAT, ITS CONTENT SUBMITTERS, INCLUDING SELLERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, HealthLat, and its content submitters make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the HealthLat Site or HealthLat.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the HealthLat Site.
In no event shall HealthLat, its content submitters, including healthcare experience Sellers, or any third parties mentioned on the HealthLat Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the HealthLat Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not HealthLat, its content submitters, or any third parties mentioned on the HealthLat Site are advised of the possibility of such damages. HealthLat, its content submitters, or any third parties mentioned on the HealthLat Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, or Content. Any claims arising in connection with your use of the Site, any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
The personal information you submit to HealthLat is governed by the HealthLat Privacy Policy. To the extent there is an inconsistency between this Agreement and the HealthLat Privacy Policy, this Agreement shall govern.
If you make any such submission You agree that you will not send or transmit to HealthLat by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to HealthLat by email, you agree such submission is non-confidential for all purposes.
If you submit any business information, idea, concept or invention to HealthLat by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted HealthLat a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. HealthLat may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to HealthLat by email. We try to answer every email in a timely manner, but are not always able to do so.
HealthLat has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your HealthLat passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your HealthLat account and password; (3) promptly inform HealthLat of any need to deactivate a password. You grant HealthLat and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. HealthLat cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using HealthLat tools and services.
HEALTHLAT PATIENT SAFETY REPORT PROGRAM
If you are a "Buyer" or a "Seller" in HealthLat site, the following additional terms and conditions will apply.
You represent that You are at least 18 years of age.
INFORMATION YOU USE OR PURCHASE: Unless otherwise states, information you use or purchase in HealthLat is observation and has not been supported by scientific studies or clinical trials. You are using the information on HealthLat site at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
Charges: You are responsible for providing a valid credit card number at the time you purchase if applicable. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your purchase at the prices then in effect, including any unauthorized charges incurred prior to your notifying HealthLat of such charges. You agree that HealthLat may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your purchase. All Purchase charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. HealthLat reserves the right to change prices at any time.
Program Participation. Participation in the HealthLat Patient Report Program is subject to your continued compliance with the Program Policies ("Program Policies"), located at http://www.healthlat.com/programpolicy, or such other URL as HealthLat may provide from time to time. HealthLat reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are physician (MD or DO) currently practicing in the United States.
Termination; Cancellation. You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Program to cancelprogram@healthlat.com. This Agreement will be deemed terminated within ten (10) business days of HealthLat's receipt of Your notice. HealthLat may investigate any activity that may violate this Agreement. HealthLat may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement for any reason.
Confidentiality. You agree not to disclose HealthLat Confidential Information without HealthLat's prior written consent. "HealthLat Confidential Information" includes without limitation: (a) all HealthLat software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; and (b) any other information designated in writing by HealthLat as "Confidential" or an equivalent designation. However, You may accurately disclose the amount of HealthLat's gross payments to You pursuant to the Program. HealthLat Confidential Information does not include information that has become publicly known through no breach by You or HealthLat, or information that has been (i) independently developed without access to HealthLat Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.
No Guarantee. HealthLat makes no guarantee regarding the amount of any payment to be made to You under this Agreement.
No Warranty. HEALTHLAT MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO HEALTHCARE EXPERIENCE PROGRAM, AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
Earnings and Payments. Earnings and payments are subject to the rules located at http://www.healthlat.com/Why-should-physicians-join-HealthLat, or such other URL as HealthLat may provide from time to time.
In the event the Agreement is terminated, HealthLat shall pay Your earning balance to You within approximately ninety (90) days after the end of the HealthLat calendar quarter in which the Agreement is terminated by You (following HealthLat's receipt of Your written request, including by email, to terminate the Agreement) or by HealthLat. In no event, however, shall HealthLat make payments for any earning balance less than $10. Notwithstanding the foregoing, HealthLat shall not be liable for any payment based on: (a) any amounts which result from invalid submissions, invalid queries, or invalid purchases generated by any person, bot, automated program or similar device, as reasonably determined by HealthLat, including without limitation through any submission, queries, or purchases originating from Your IP addresses or computers under Your control, or as a result of any breach of this Agreement by You for any applicable pay period. HealthLat reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending HealthLat's reasonable investigation of any of the foregoing or any breach of this Agreement by You. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation of the Program. HealthLat may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify HealthLat in writing within thirty (30) days of any such payment; failure to so notify HealthLat shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by HealthLat. No other measurements or statistics of any kind shall be accepted by HealthLat or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party unless expressly authorized in writing by HealthLat (including by electronic mail).
EXPERIENCE INFORMATION YOU SELL: HealthLat site enables you to sell several type of your patients' non-identifiable healthcare experience in one place. It can help you keep track of this information in a convenient way and easily turn it into a revenue source. By submitting the healthcare experience in HealthLat, you have expressly granted HealthLat a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, publish, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Only accurate, true and complete experience is eligible to be sold in HealthLat. The accuracy, integrity and completeness of the health information you enter are your responsibility, and we assume no liability for it. We also are not liable for any use or misuse of information transmitted or received by a third party you have authorized to access or use the HealthLat site.
For buyers of physician-reported observation service:
Besides those terms for "buyers" above, the following term applies to buyers of HealthLat's physician-reported observation service: HealthLat makes no guarantee regarding the number of physician-reported observations you receive during the period the service covers.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
HealthLat may provide links or references to, or advertisements for, sites operated by other parties ("Third-Party Websites"). HealthLat does not recommend and does not endorse the content on any Third-Party Websites. HealthLat is not responsible for the content of linked Third-Party Websites, and does not make any representations regarding their content or accuracy. Your use of Third-Party Websites is at your own risk and subject to the terms and conditions of use for such sites. HealthLat does not endorse any product, service, or treatment advertised on the HealthLat Site.
You agree to defend, indemnify, and hold HealthLat, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
HealthLat is based in
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with HealthLat, or in any way relating to your use of the HealthLat Site, resides in the courts of the State of Wisconsin and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Wisconsin in connection with any such dispute including any claim involving HealthLat or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal
substantive laws of the State of
NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting HealthLat (support@healthlat.com) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, HealthLat maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Except as expressly provided in a particular "legal notice" on the HealthLat Site, these Terms and Conditions and the HealthLat Privacy Policy and Agreement constitute the entire agreement between you and HealthLat with respect to the use of the HealthLat Site, and Content.
Thank you for your cooperation. We hope you find the HealthLat.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us.
Last modified: February 11, 2008