Terms of Use

The following Terms of Use constitute an agreement (“Terms” or “Agreement”) between you and HealNavigator (“Company”, “HealNavigator,” “we,” or “us”), the operator of HealNavigator.com (the “Site”) and services provided therein (“Services”).

BY ACCESSING OR USING THIS SITE AND/OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, PERSONALLY OR ON BEHALF OF ANY OTHER THIRD PARTY (INCLUDING A LEGAL ENTITY) OR PERSON, AND TO BE BOUND (AND BIND ANY SUCH THIRD PARTY) BY THE TERMS OF THIS AGREEMENT. THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, WHICH FORMS AN INTEGRAL PART OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.

 

  1. DISCLAIMER AND DISCLOSURE

1.1 Medical Disclaimer

1.1.1 We do not provide medical advice – the information that you obtain or receive from the Site and/or Services, our employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Site and/or Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via HealNavigator Answers, the HealNavigator blog, HealNavigator social channels, HealNavigator emails and text messages, and HealNavigator advertising comes from independent healthcare professionals and organizations and is for informational purposes only. While we hope the content is useful in your healthcare journey, it is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.

1.1.2 Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider, under any circumstance. We encourage you to independently confirm any information relevant to you with other sources, including your healthcare provider, medical associations relevant to the applicable condition, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

1.1.3  You acknowledge that the information on the Site is provided “as is” for general information only. It is not intended as medical advice, and should not be relied upon, or used as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.

1.2  Compensation Disclosure

1.2.1 We are committed to integrity and transparency. To that end, we provide this disclosure regarding our sources of compensation from clinics and health practitioners or other parties.

1.2.2 We may receive compensation from such clinics, health practitioners and other third parties, for treatments and information that appear on our Site and/or Services. This may affect how, where and which clinics, treatments and information we review and write about, but will never affect our ratings or reviews process and authenticity. The Site and/or Services may not include all available clinics, treatments and all available information.

  1. ACCOUNTS

2.1 Portions of the Site and/or Services can be viewed without a HealNavigator account, however, in order to use certain features, You may need to register an account and/or provide your contact information (“Company Account”). You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information.

2.2 You may delete Your Company Account by contacting us using the details provided below or via our website contact form. Notwithstanding the foregoing, any content we publish or which you have contributed to the Services, including but not limited to clinic information and reviews, is subject to our sole discretion and will not be automatically removed as a result of a Company Account deletion. Should you like to correct or report an issue with any information published about your business, please contact us as described above.

2.3 Company may suspend or terminate Your Company Account in cases such as suspected unauthorized use of Your Company Account, or any other breach of security, Company policies, contracts, applicable laws, or if otherwise Company reasonably deems such action necessary in order to protect its interests, at Company’s sole discretion.

2.4 Company will not be liable for any loss or damage arising from such suspension or termination, or from Your failure to comply with the above requirements. Furthermore, Company will not be liable for any loss or damage arising from any unauthorized access to your Company Account.

  1. PROPRIETARY RIGHTS

3.1 The words “Heal Navigator” and the “Heal Navigator” Logo are trademarked to Company may not be used without Company’s written permission. Other trademarks, service marks, and trade names that appear on the Site or Services may be registered marks of their respective owners and You are not permitted to use them without the consent of such owners.

3.2 Unless otherwise indicated, all information contained on the Site and/or Services, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to Heal Navigator or its applicable licensors and may not be copied, reproduced, transmitted, displayed, performed, distributed, sub-licensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Company’s prior written consent.

3.3 Company retains all right, title and ownerships in and to the Site and Services or any part thereof, including without limitation, their design and layout, contents (including User Content), copyrights, patents, trademarks, service marks and logos, database whether registered or not (the “Materials”), except as expressly excluded in this Agreement.

3.4 You are granted only a limited and revocable right to use the Site and Services, subject to the terms of this Agreement, and for personal use only. Under no circumstances will you acquire any right, interest or title to any part of the Site, Services or Materials.

  1. ACCEPTABLE USE POLICY; RESTRICTIONS ON USE

Your use of the Site and Services is subject to the following restrictions:

4.1.1 You may not use, sell, rent, lease, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company’s prior explicit written consent; Likewise, You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services, without the Company’s prior explicit written consent;

4.1.2 Except as expressly stated herein, no part of the Site, Services or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the Company’s prior explicit written consent;

4.1.3 You shall not access the Site or Services in order to build a similar or competitive service;

4.1.4 You may not use the Site and Services in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person’s personal information without his or her permission;

4.1.5 The Site and Services may not be used or accessed by any automated machine, bot, spider, or such other automated feature or service;

4.1.6  You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;

4.1.7 You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Site, or attempt to gain unauthorized access to any portion of the Site through any means, or interfere with, corrupt, or disrupt the operation or performance of the Site or the ability of any other person to use the Site, including, without limitation, transmitting content that contain any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;

4.1.8 You may not violate other users’ or third parties’ rights to privacy, publicity and other rights, or harvest, scrape, data aggregate, data mine, screen scrape, index or collect data and information about other users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation bots, crawlers, spiders, sifters and load testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Site, or Company’s systems, software or hardware in any way;

4.1.9 You may not use the Site in connection with material which a reasonable person could deem to be: offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with this Agreement including any of our policies;

4.2 Company reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

  1. USER CONTENT

5.1 “User Content” means any and all information and content that You submit to, or use with, the Site or Services (e.g., Your comments or reviews). You are solely responsible for Your User Content. You assume all risks associated with the use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes You or any third party personally identifiable.

5.2 You hereby represent and warrant that: (a) You are the owner of the User Content, or have sufficient rights and authority thereto; and (b) Your User Content does not violate these Terms; and (c) your User Content does not contain any virus, adware, spyware, worms, or other harmful or malicious code.

5.3 You alone are responsible for Your User Content. Company does not control User Content, nor shall Company be responsible for any User Content. Company makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content appearing on the Site or Services. Your interaction with other users are solely between You and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any User Content and/or such interactions. If there is a dispute between You and any user, Company is under no obligation to become involved in its resolution or in any other manner whatsoever.

5.4  Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of Your User Content.

5.5  By posting or uploading User Content to the Services, You hereby grant, and You represent and warrant that You have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to User Content.

5.6  If You provide Company any feedback or suggestions regarding the Services (“Feedback”), You hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback You provide to Company as non-confidential and non-proprietary. You agree that You will not submit to Company any information or ideas that You consider to be confidential or proprietary.

5.7  Company reserves the right (but have no obligation, except as and to the extent required by applicable law) to review any User Content, investigate, and/or take appropriate action against You in its sole discretion (including removing or modifying Your User Content, terminating Your account, and/or reporting You to law enforcement authorities).

 

  1. THIRD PARTY SERVICES

6.1 The Site might contain links to third party services, websites and advertisements for third parties (collectively, “Third Party Services”). Such Third Services are not under the control of Company and Company is not responsible for any Third Party Services.

6.2  Company provides these Third Party Services only for convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You use all Third Party Services at Your own risk.

6.3. When You use a Third Party Service, the applicable third party’s terms and policies apply, including such third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Services.

6.4  To the fullest extent permitted by law, You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users or Third Party Services.

  1. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES; INDEMNITY 7.1 While we make reasonable efforts to provide you with accurate information, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or any other content available through the Site and/or Services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual or entity listed or accessible through the Site and/or Services.

7.2 THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7.3  You agree to indemnify, defend, and hold Company (and its affiliated companies, subsidiaries, contractors, officers, employees, and agents) harmless, from any claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, made by any third party due to or arising out of (a) Your use of the Site and/or Services; (b) Your use of Third Party Services; (c) Your User Content; (d) Your violation of this Agreement or of applicable law; or (e) a violation of the rights of any other person or entity by you, or of any intellectual property right, publicity, confidentiality, property or privacy right. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

7.4 IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7.5  EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100).

  1. TERM AND TERMINATION

8.1 Subject to this Section, this Agreement will remain in full force and effect while You use the Site and/or Services. We may (a) suspend your rights to use the Site and/or Services (including Your Company Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site and/or Services in violation of this Agreement.

8.2  Upon termination of this Agreement, Your Company Account and right to access and use the Site and/or Services will terminate immediately. Company will not have any liability whatsoever to You for any termination of this Agreement, including for termination of Your Company Account or deletion of Your User Content.

  1. COPYRIGHT POLICY

9.1 We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights.

9.2 If You believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

a. Your physical or electronic signature;

b. Identification of the copyrighted work(s) that You claim to have been infringed;

c. Identification of the material on our Site that You claim is infringing and that You request us to remove;

d. Sufficient information to permit us to locate such material;

e. Your address, telephone number, and e-mail address;

f. A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

g. A statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.

9.3 Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. For any copyright related inquiries please contact us using the below details:

Email:  [email protected]

Address: 16 Stuyvesant Oval, 5G, New York 10009, NY

 

  1. ASSIGNMENT, SEVERABILITY AND WAIVER

10.1 The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company’s prior written consent.

10.2 If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.

10.3  Failure to assert, at any time, any right, or require performance with regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company’s rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

  1. AMENDMENTS TO THE AGREEMENT

The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement.

 

  1. MISCELLANEOUS

12.1 Governing Law. This Agreement shall be governed by the laws of the United States without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the exclusive personal jurisdiction of the courts located in New York, New York, for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

12.2 Privacy. By submitting personal data through the Site or Services, You agree to the terms of Company’s Privacy Policy, as may be amended from time to time, which forms an integral part of this Agreement.

12.3 Contact Us. If you have any questions about our Site or Services, you can contact us at [email protected]

 

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