Terms and Conditions
TERMS AND CONDITIONS
The following terms and conditions constitute an agreement (“Agreement”) between you and change:healthcare, inc. (“change:healthcare”), the operator of the websites located at www.change:healthcare.com, www.findyourdoc.com, and www.medbillmanager.com (collectively the “Sites”). This Agreement governs your use of the Sites, both as a casual visitor and a registered member as described below.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THESE SITES.
By accessing or using the Sites, you indicate your acceptance of all the terms of this Agreement. To the extent you register on the Sites as a member, then in addition to the terms that are applicable to all users of the Sites, the terms that apply only to members shall apply to you too.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITES.
change:healthcare, at its sole discretion, reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on the Sites. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date. Your continued use of the Sites following the posting of any updates or changes constitutes full acceptance of any and all updates or changes.
INFORMATION ON THE SITES MAY NOT BE ACCURATE
change:healthcare makes every reasonable effort to ensure accuracy of information on the Sites; however, you should independently review the accuracy of any information contained in the Sites before relying on such information. You agree that your reliance on any information contained in the Sites shall be at your sole risk and that change:healthcare shall have no responsibility for actions resulting from your reliance and no liability for any loss or injury resulting from such actions.
change:healthcare DOES NOT PROVIDE MEDICAL ADVICE
The contents of the Sites, such as text, graphics, images, information and other material provided by change:healthcare, its user, partners, sponsors, advertisers, licensors (collectively the “Content”) are for informational purposes only and are 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 your health or a medical condition. Never disregard professional medical advice, delay contacting a doctor, or disregard recommended treatment because of something you have read on these Sites.
If you think you may have a medical emergency, call your doctor or 911 immediately.
USE OF THE SITES
You shall not post or upload any information or other content on the Sites that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or distasteful. You shall not interfere with other users’ use and enjoyment of the Sites (for example, by harassing, threatening or stalking another participant of conversations, including the use of expressions of bigotry, racism, hatred, or profanity). You may not use the Sites to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
You represent and warrant that the information you provide when registering as a member, and all information that you subsequently provide regarding yourself and your membership, is true and accurate and not misleading.
You may not use any robot, spider, scraper, or other automated means to access the Sites or content or services provided on the Sites for any purposes, commercial or otherwise. You may not post content on the Sites that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Sites unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
USE OF change:healthcare CONTENT; COPYRIGHT AND TRADEMARK INFORMATION
The information and Content contained on the Sites are, unless otherwise indicated, Copyright © 2006-2008 change:healthcare, inc. All rights reserved.
The change:healthcare Sites, and the information and Content they contain, are the exclusive property of change:healthcare and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and laws, and other intellectual property laws.
change:healthcare authorizes you to view or download a single copy of the material on the change:healthcare Sites solely for your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items provided on the change:healthcare Sites may be included elsewhere within the Sites and are incorporated into these Terms and Conditions by reference.
Any use of the Content not expressly permitted by this Agreement is a breach of the Agreement and may also violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of change:healthcare. All rights not expressly granted herein are reserved to change:healthcare and its licensors.
Nothing contained on the change:healthcare Sites should be construed as granting, by implication, or otherwise, any license or right to use the Sites or any documents displayed on the Sites, through the use of framing or otherwise, except: (a) as expressly permitted by this Agreement or (b) with the prior written permission of change:healthcare or such third party that may own copyrights in material displayed on this web Sites.
If you violate any of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
NON-COMMERCIAL USE
The change:healthcare Sites and the Content contained within are for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Sites without express written consent from change:healthcare. change:healthcare does not accept liability for the misuse of information contained within the Sites.
PRIVACY
You agree that you have read, understood and accept the terms of change:healthcare’s Privacy Policy, [PROVIDE A LINK HERE], which are incorporated herein as part of this Agreement. The Privacy Policy governs the collection, use and sharing of personal and non-personal information from you when using the Sites.
USE OF change:healthcare CONTENT
The Sites contain a conversation component, such as discussions of health issues and comments on providers, where members may post messages, quality ratings, personal opinions and other content. While some conversation areas are monitored periodically for relevance, change:healthcare has no obligation to prescreen comments and is not responsible for their content. change:healthcare encourages you to notify us of inappropriate or illegal content, and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other members that you learn using this Sites (whether posted by a member or emailed to you by a member) without the express consent of such member.
DISCLAIMER OF WARRANTIES
THE change:healthcare SITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR OWN RISK. change:healthcare inc., ITS PARTNERS, ADVERTISERS, SPONSORS, LICENSORS AND SUPPLIERS, MAKE NO WARRANTY OF ANY KIND CONCERNING THE SITES OR THE CONTENT OR ANY OTHER MATTER. change:healthcare inc., ITS PARTNERS, ADVERTISERS, SPONSORS, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, 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 A PARTICULAR PURPOSE.
Specifically, change:healthcare, its licensors, and its suppliers make no representations or warranties about the following: * The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, links, or communications provided on or through the use of the Sites. * The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the Sites. * The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other Content provided through the Sites.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL change:healthcare, ITS PARTNERS, SPONSORS, ADVERTISERS, LICENSORS OR ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE CHANGE:HEALTHCARE SITES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT change:healthcare IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. change:healthcare IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITES AND CONTENT.
YOU AGREE THAT THE EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SITES AND THE CONTENT CONTAINED IN OR PROVIDED THROUGH THE SITES, AND change:healthcare’s EXCLUSIVE LIABILITY, IS LIMITED ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S.$1,000.00.
INDEMNIFICATION
By using change:healthcare’s Sites you agree to indemnify and hold change:healthcare inc., its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys' fees and costs) arising from your use or misuse of the Sites.
USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party, including any copyrights, trademarks or other intellectual property rights. By submitting communications, comments or content to any part of the change:healthcare Sites, you agree that such submission is non-confidential for all purposes. If you are a member, you (or the author) owns the copyright in the messages and other content or submission you make or post, but by submitting or posting such content, you grant change:healthcare and our affiliates a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, copy, display, perform, distribute, translate, edit, and create derivative works of your postings and submissions in any media or medium, form, format, or forum now known or hereafter developed. change:healthcare may sublicense its rights through multiple tiers of sublicenses.
Membership to the public portion of the change:healthcare Sites is currently free. change:healthcare inc. reserves the right to provide additional optional services for a fee. The bill management portion of the change:healthcare Sites is secure and HIPAA compliant. Therefore this portion of the Sites can only be accessed by individuals who pay a fee for the additional service.
If you register as a member, you agree that change:healthcare may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Sites). These notices may be personally filtered in the My Account settings.
IF YOU FEEL THREATENED:
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
ABUSE:
In cases where you believe a person(s) has breached the terms and conditions of change:healthcare’s Sites, contact change:healthcare IMMEDIATELY. Do not attempt to contact the person yourself and do not post derogatory comments in any area on the change:healthcare Sites.
RULES FOR POSTING COMMENTS.
change:healthcare’s public Sites, which includes all areas of the change:healthcare Sites where users may post content and comments once signed in, are for the exchange of information and support ONLY. In consideration of being allowed to post content and comments, you agree that the following actions shall constitute a breach of the Terms and Conditions of Use: 1. Posting comments by persons under 13 years of age without the consent of their parents. 2. Posting your full name(s), or any other confidential or personally identifiable information on the change:healthcare Sites. * 3. Posting names, e-mail addresses, telephone numbers or any other confidential or personally identifiable information of yourself or any person(s) or entities. 4. Using the Sites for any purpose in violation of local, state, federal, or international laws; 5. Posting material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others; 6. Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by change:healthcare in its sole discretion. 7. Posting advertisements or solicitations of business. 8. Posting chain letters or pyramid schemes. 9. Impersonating another person or entity. 10. Registering under more than one name and/or e-mail address. 11. Distributing viruses or other harmful computer code. 12. Harvesting or otherwise collecting information about others, including email addresses, without their consent. 13. Allowing any other person or entity to use your identification for posting or viewing comments. 14. Posting the same note more than once or "spamming". 15. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the or the Sites, or which, in the judgment of change:healthcare, exposes change:healthcare or any of its customers, partners or suppliers to any liability or detriment of any type. 16. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).
*If you disregard this warning and post personal or confidential information (yours or others) on the change:healthcare Sites, which you later want removed, there is a $5.00 fee to remove each posting. You must submit your removal request in writing, including the URL(s) you want removed. Also you must include your User ID and Password along with a U.S. check or money order for $5.00 for each URL you wish to have removed to:
change:healthcare inc. [street or P.O. Box?] Nashville, TN 37212 U.S.A.
Once the complete URL removal request is received in writing, change:healthcare will make every effort to remove the posting in a timely manner.
ENFORCEMENT OF THE RULES
change:healthcare reserves the right (but is not obligated) to do any or all of the following:
1. Record comments. 2. Investigate an allegation that a communication does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication. 3. Remove communications which it believes are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions. 4. Terminate a user’s access to any part of the change:healthcare Sites or to a user’s account upon any breach of any of these Terms and Conditions. 5. Monitor, edit, or disclose any communication in the Public Areas. 6. Edit or delete any communication posted on the change:healthcare Sites, regardless of whether such communication violates these standards.change:healthcare reserves the right to take any other action it deems necessary to protect the personal safety of our users. guests, visitors, or the public.
COPYRIGHT INFRINGEMENT NOTIFICATION
To file a copyright infringement notification with change:healthcare, you will need to send a written communication that includes substantially the following (see section 512 of the U.S. Copyright Act for more details): i.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ii.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site. iii.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit change:healthcare to locate the material, such as a URL. iv.Information reasonably sufficient to permit change:healthcare to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. v.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. vi.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to our designated agent as follows: DMCA Complaints change:healthcare, inc. [Street or P.O. Box] Nashville, TN 37212 Fax: [______________] Email: [do you want to provide?] Under section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
CHILDREN'S PRIVACY
Children under the age of 13 are prohibited from registering as members. By registering as a member you represent that you are age 13 or older.
change:healthcare conforms to the Children's Online Privacy Protection Act [COPPA]. We will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent. When we do receive information (with parental consent) from users under the age of 13, we will never voluntarily share their personally identifiable information with third parties, regardless of their stated preference given at registration. Please also see our separate Privacy Policy. [ADD LINK]
PASSWORDS
All registered members of the change:healthcare Sites are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their change:healthcare passwords or accounts. It is a registered member’s sole responsibility to (1) control the distribution of his or her password or account information; (2) authorize, monitor, and control access to and use of their change:healthcare account and password; and (3) inform change:healthcare of any need to deactivate a password or change a registration, as soon as possible.
GENERAL
change:healthcare is based in Nashville, Tennessee, in the United States of America. change:healthcare makes no claims that the Content is appropriate or may be downloaded outside of the United States, or in any particular state. Access to the Content may not be legal by certain persons or in certain countries or locations. If you access the change:healthcare Sites, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitation of Liability / Disclaimer of Warranties, Indemnification, User Submissions, Jurisdiction, and Complete Agreement.
JURISDICTION; CHOICE OF LAW
You expressly agree that exclusive jurisdiction for any dispute with change:healthcare, or in any way relating to your use of the change:healthcare Sites, shall be in the courts of the State of Tennessee, located in Nashville, Tennessee. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Tennessee in connection with any such dispute including any claim involving change:healthcare or its affiliates, subsidiaries, employees, board, contractors, officers, directors, telecommunication providers, and content providers related to the use of the Sites and Content.
This Agreement is governed by the laws of the State of Tennessee, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of terms or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT
Except as expressly provided in a particular “legal notice” on the change:healthcare Sites, this Agreement constitutes the entire agreement between you and change:healthcare with respect to the use of the change:healthcare Sites and Content. Your use of the change:healthcare Sites is also subject to the change:healthcare Privacy Policy.
CONTACT change:healthcare:
change:healthcare, inc. Nashville, TN 37212 Telephone: 800-665-0732
