HHCA

Terms of Use

Last Updated: May 2018

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Holistic Heart Centers of America, LLC (“HHCA”, “we,” “us,” and “our”), including the holisticheartcenter.com website (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site.  The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your HHCA Account.  Physicians and other healthcare providers (individually the “Provider” and collectively the “Providers”) using the Site or Services are subject to supplemental terms and conditions, including Section 17 below.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products.  By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use, and Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.  

1. CHANGES TO THESE TERMS AND THE SITE

We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video material, audio clips, logos, software,  features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).

2. LICENSE TO ACCESS AND USE THE SITE, INCLUDING TRAINING PROGRAM ACCESS

2.1 YOU MAY ACCESS AND USE THIS SITE ONLY IF YOU ARE OVER THE AGE OF 18, AND ONLY FOR YOUR PERSONAL USE (OR, IF ACCESSING THE SITE ON BEHALF OF A COMPANY, ONLY YOUR COMPANY’S OWN INTERNAL USE). Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws. Certain features of the website, such as access to the TRAINING PROGRAMS, are available only upon registration by the holisticheartcenter.com administrator.

2.2 THE HHCA WEBSITE USE DOES NOT SUBSTITUTE FOR A PHYSICIAN OFFICE CONSULTATION, AND DOES NOT ESTABLISH DOCTOR-PATIENT RELATIONSHIP. THE CONTENT MADE AVAILABLE ON THE SITE CONTAINS HEALTH- OR MEDICALLY-RELATED MATERIALS, AND IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. SUCH CONTENT DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT, AND 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 PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. HHCA DOES NOT RECOMMEND SELF-MANAGEMENT OF ONE’S HEALTH CARE. RELIANCE ON ANY OF THE CONTENT MADE AVAILABLE ON THE SITE IS SOLELY AT YOUR OWN RISK. SHOULD YOU HAVE ANY HEALTH CARE–RELATED QUESTIONS, PLEASE CALL OR SEE A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. THE VIRTUAL VISIT (TELEHEALTH)  FUNCTION OF THE HHCA SITE IS SUBJECT TO SEPARATE TERMS OF USE AVAILABLE TO THE REGISTERED USERS OF THE VIRTUAL PORTAL.

HHCA does not provide medical advice or care.  Nor does HHCA deliver any Providers' services itself.  We simply offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies.  The Site facilitates communication between patients and Providers.

Providers deliver clinical services via the HHCA platform to their patients.  Providers are not contracted or employed by HHCA.  The Providers, and not HHCA, are solely responsible for the quality and appropriateness of the care they render to you.  The Providers are independent of HHCA and are merely using the Site as a way to communicate with you.  Any information or advice received from a Provider comes from them alone, and not from HHCA.  Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician.  Neither HHCA, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor for any information obtained on the Site.  

HHCA does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures.  You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith. 

HHCA does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service.  You will be provided with available Providers based solely on the information you submit to the Site.  You are ultimately responsible for choosing your own particular Provider.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by HHCA.  You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.  All information provided by HHCA, or in connection with any communications supported by HHCA, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.  While HHCA facilitates your selection of, and communications with, Providers, HHCA does not provide medical services, and the doctor-patient relationship is between you and the Provider you select.

If you think you may have a medical emergency, call your doctor or 911 immediately.

HHCA’s Site and Services are not for medical emergencies or urgent situations.  You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site.  If you believe you have an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed.  You should continue to consult with your primary provider and other healthcare professionals as recommended.  Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

HHCA website does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our Website. Reliance on any information provided by HHCA or others appearing on the Website at the invitation of HHCA is solely at your own risk. 

HHCA does not endorse any specific medication, pharmacy, or pharmacologic product.  If a Provider prescribes a medication or product, he/she must limit supply based upon state regulations and will only prescribe a medication or product as determined in his/her own discretion and professional judgment.  There is no guarantee a prescription will be written.  Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse.  Providers reserve the right to deny care for actual or potential misuse of the Services.

By using the Site and Services, you acknowledge the potential risks associated with telehealth services.  These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use.  You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.  

HHCA fully honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the Provider to transmit that prescription to the pharmacy of your choice.

HHCA is not a health insurance company, the Site and Services are not insurance products, and the amounts you pay to HHCA or Providers are not insurance premiums.  If you desire any type of health or other insurance, you will need to purchase such insurance separately.​

Please note that the use of HHCA Website does NOT constitute a patient-physician relationship. The Website does not allow for detailed history taking, physical examination, ancillary testing or prescription of medications and supplies. HHCA authorizes visitors and registered users to view the materials on the Website solely for their personal, noncommercial use. Special rules for the use of certain tools and services accessible on the HHCA Website may be included elsewhere within the Website and are incorporated into these Terms and Conditions by reference.

The Content of this Website is protected by copyright under both United States and foreign laws. Title to the Content remains with HHCA at all times. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of HHCA.  All rights not expressly granted herein are reserved to HHCA.

If visitors or registered users violate any of these Terms and Conditions, their permission to use the Content automatically terminates and they must immediately destroy any copies made of any portion of the Content.

HHCA AND ITS SUPPLIERS, 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, HHCA and its suppliers make no representations or warranties about (i) the accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the HHCA Website; and (ii) 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 HHCA Website.

HHCA reserves complete and sole discretion with respect to the operation of the Site and the Services.  We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things.  We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier.  We are not responsible for maintaining information arising from use of the Site or with respect to the Services.  We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

HHCA operates subject to state and federal regulations, and the Services may not be available in your state.  You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located.  Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available.  Services are not available to users located outside the United States.  Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.​

2.3 You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content. 

In order to access the Site and the Services, you represent and warrant that you are older than 18 years old.  You agree to fully, accurately, and truthfully create your HHCA Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your HHCA ID and credentials.  The HHCA ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your HHCA ID and/or credentials, and for all activities that occur under such HHCA ID and/or credentials.  You agree to prohibit anyone else from using your HHCA ID and/or credentials and agree to immediately notify HHCA of any actual or suspected unauthorized use of your HHCA ID and/or credentials or other security concerns of which you become aware.  Your access to the Site may be revoked by HHCA at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

2.4 You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

3. PRIVACY POLICY AND ELECTRONIC COMMUNICATION

Information that you provide to us or that we collect about you and your Company through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy PolicyIn addition, when you interact with a Provider through the Site, the privacy of the information that you give to the Provider will be subject to the separate privacy policies and practices of that Provider. 

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.  You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. HHCA may contact you by telephone, mail, or email to verify your account information. HHCA may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account.  If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.​

4. INTELLECTUAL PROPERTY

You understand and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of HHCA or its licensors and content providers.

With the exception of your electronic medical record, HHCA retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by HHCA (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of HHCA or the Provider, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of HHCA trademarks, service marks, and logos are strictly prohibited without the prior written permission of HHCA. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by HHCA or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

HHCA may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

5. COPYRIGHT POLICY

If you believe in good faith that any Content has been used in a way that constitutes copyright infringement, you may forward the following to us at (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. HHCA respects the intellectual property rights of others and expects its users to do the same.  In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to HHCA’s Designated Copyright Agent, identified below.​

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Holistic Heart Centers of America, LLC

121 Jericho Turnpike

Mineola, NY 11501

6. TERMINATION OF ACCESS

6.1 HHCA reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and HHCA, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

6.2 Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, HHCA will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.

7. USER CONDUCT

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, neither you nor the Company may cause or permit any person to do any of the following:

(a) use the Site or Content for any unlawful purpose;

(b)  use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

(d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

(e) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and

(f)  use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.  You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.  You represent and warrant to HHCA that you have the legal right and authorization to provide all User Information to HHCA for use as set forth herein and required by HHCA and the Provider.

You may not assign, transfer, or delegate the Terms of Use or any part thereof without HHCA’s prior written consent. HHCA may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

8. SUBMISSIONS

8.1 By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize HHCA to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to HHCA an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.

8.2 By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.

9. SECURITY

HHCA takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site.  You agree to notify HHCA immediately if you discover loss or access to such information by another party not under your control and supervision.  HHCA will not be liable for any loss or damage arising from the unauthorized use of your username or password.

10. HYPERLINKS

10.1 This Site may include hyperlinks to other websites which are not maintained by HHCA. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by HHCA of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and HHCA will have no liability for any loss or damage arising from your access or use of any external website. Since HHCA is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

10.2 Images of the HHCA logo can only be used to link to the Site; any other use of the HHCA logo can only be made with our express written permission.  By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that HHCA approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

10.3 We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the HHCA logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the HHCA logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

11. USE OF TRADEMARKS

Except for the limited permission to use the HHCA logo as set forth in these Terms, you may not, without our express written permission, use any of HHCA trademarks or service marks for any other purpose.

12. DISCLAIMER

The use of this SITE by you and your Company is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, HHCA AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

13. LIMITATION OF LIABILITY

13.1 In no event will HHCA, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.

13.2 Under no circumstances will HHCA or our Representatives be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of HHCA and the Representatives will be limited in accordance with these Terms to the extent permitted by law.

13.3 EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

HHCA SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS.  HHCA AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.  TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF HHCA TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless HHCA, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and HHCA; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, HHCA, and its affiliates.  Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, HHCA, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, HHCA, and its affiliates. ​

15. DISPUTES SUBJECT TO BINDING ARBITRATION

These Terms of Use provide that all disputes between you and HHCA that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. These Terms will be construed and enforced in accordance with the laws of the State of New York, without regard to the conflicts of law provisions thereof. You expressly agree that any claim or controversy arising out of or related to these Terms, the Site, or the Content shall be settled by binding arbitration to be held in Mineola, New York, before a single arbitrator, in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Each party shall bear its own costs relating to such arbitration, and the parties shall equally share the arbitrator’s fees. Judgment on any award resulting from such arbitration may be entered in any court having jurisdiction. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York for the enforcement of this arbitration agreement and of any such award. The foregoing shall not preclude HHCA from seeking any injunctive relief in any court of competent jurisdiction for protection of HHCA intellectual property rights.

16. MISCELLANEOUS

16.1 These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content.

16.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

16.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

16.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.

16.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

16.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

16.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

16.8 Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

16.9 Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

17. PROVIDER SUPPLEMENTAL AGREEMENTS

These supplemental terms apply to Providers in addition the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a healthcare provider using the Site (“Provider” or “you”) you must be a physician or other healthcare professional duly licensed/registered under applicable state law, as required, and must agree to comply with all laws, professional licensing board rules and other rules and regulations applicable to you as a Provider or otherwise.  Your relationship with the HHCA users (including your patients) is directly between you and the patient.  The patient will never have a physician-patient or provider-patient relationship with HHCA.  HHCA does not practice medicine and offers no medical or healthcare services.  As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers.  Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and HHCA shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

HHCA does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical or healthcare issues associated with Provider, goods or services or Products offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations.  Provider should seek legal counsel regarding any legal and compliance issues, and must not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law.  Provider and HHCA agree that HHCA is not providing, to the Site users or anyone else, medical advice or legal advice.

Provider will use the Site and Services only in accordance with applicable standards of good medical or healthcare practice.  While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider-patient relationship, can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome.  Provider shall be solely responsible for its use of the Site and Services, and the provision of medical or healthcare services to Provider’s patients.  In this regard, Provider releases HHCA and waives any and all potential claims against HHCA as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold HHCA harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against HHCA, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services.  To the extent applicable, Provider will obtain HHCA’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of HHCA or defect in the Site or Services.  HHCA will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.  Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers.  You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication.  You represent and warrant to HHCA that you have the legal right and authorization to upload all Provider Content at the Site.  HHCA shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however HHCA desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. HHCA is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.

HHCA does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site.  You grant HHCA the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content.  You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers.  HHCA and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

18. QUESTIONS

Please contact us with any questions regarding the Site or these Terms at admin@holisticheartcenter.com.

19. ACKNOWLEDGEMENT

BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.