U.S. HealthConnect, Inc. (“USHC” or “us” or “we” or “our”) owns and operates USHealthConnect.com and the ReachMD network of websites, which includes ReachMD.com (“Sites”), as well as the ReachMD mobile applications (“Apps”). These Terms and Conditions of Use (“TCU”) govern your access to and use of the Sites, Apps, and any other website or app where this Policy is posted or published. To the extent permitted by applicable law, this Policy also governs any interactions you may have with USHC, including through social media, over the phone, in writing, in person, through advertising services we help provide on our Sites, Apps, or through third-party websites or other online properties, or through any other interactions you may have with USHC (all of which will be referred to collectively, together with the Sites and Apps, as the “Services”).
These TCU apply only to the Services identified above. Other sites, apps, services or content may have their own terms and conditions of use and should be reviewed.
IMPORTANT, PLEASE READ CAREFULLY: By clicking “ACCEPT” or otherwise accessing or using the Services, you represent and warrant that you are eighteen (18) years of age or older and acknowledge that you have read, understood, and agree to be bound by these TCU without modification. If you do not accept these TCU and agree to be so bound, you are not authorized to use the Services. These TCU constitute a legal contract between you and USHC and govern your access to and use of the Services. Do not access or use the Services if you are unwilling or unable to be bound by these TCU. Your continued use constitutes your automatic agreement to the applicable provisions in these TCU. Your rights to use the Services are limited by applicable federal, state, and local laws and regulations.
USHC may offer promotions, sweepstakes, contests, or features that have their own terms, and to the extent any portion of those special terms conflict with these TCU, the special terms will govern for that specific portion unless stated otherwise.
In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Qustodio, Net Nanny and Kaspersky Safe Kids. Please note that USHC in no way endorses or is responsible for these services.
USHC reserves the right to modify or revise these TCU at any time without notice. You should visit the Sites and Apps from time to time to review the current TCU. Any such modification will be effective upon our posting of the new TCU. You understand and agree that by using the Services subsequent to any modification of these TCU, you are agreeing to be bound by the modifications in the version of these TCU which is then current.
Information on our Sites and Apps
The material available on our Sites, Apps and through other Services consists of information intended for health care professionals, for educational purposes only. Our Services do not provide medical advice, nor are they designed to provide information for non-health care professionals upon which any decision of any kind, medical or otherwise, should be based. Consumers and other users who are not health care providers should refer to their own health care professionals or, if appropriate, seek emergency medical care, to address their own concerns, issues, symptoms, or other questions. Health care professionals must rely upon their own clinical and professional judgment before taking any action or rendering any advice of any kind regarding information contained on or through our Services. To put it more succinctly, if you are a patient or prospective patient, our Services are not a substitute for professional medical care. If you take action or seek treatment based upon a website without consulting with a medical professional or emergency medical care, then you likely have larger issues which we cannot possibly address here or anywhere. If you are a health care professional, our Services do not substitute for your own professional judgment and if you believe that referring to a website will somehow make a malpractice claim suddenly go away then you are deluding yourself.
You agree that you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from USHC.
By using the Services, you may need to interact with other users of the Services. USHC is not responsible for the conduct of any other user who may interact with you, regardless of whether it is done through the Services.
Any and all reliance on the Services for medical information is done at your own risk. While USHC will try its best to make the content on the Services useful, USHC does not warrant that any content on the Services will be useful or reliable.
USHC hereby grants you a revocable and nonexclusive right and license to use and access the Sites, Apps, and other Services (including any underlying software) in a manner that is consistent with the other terms in these TCU and the intended purposes of the Services. USHC reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in these TCU.
Unless otherwise expressly specified, you are permitted to temporarily download one copy of the materials (information or software) available on our Sites or through our Apps for personal, non-commercial transitory viewing only. You agree this is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on or through our Services; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions, or it may be terminated by USHC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
By participating in a live event, you grant USHC and its designees the right to photograph, record and/or videotape you at such event and further grant USHC and its designees the right to display, edit, alter, retouch, use, reproduce, distribute, display, publish and/or otherwise exploit, including prepare derivative works based upon, your name, face, likeness, voice, and appearance, in all media, whether now known or hereafter devised, (including in computer or other device applications, online webcasts, television programming, motion pictures, films, newspapers, and magazines) and in all forms including digitized images or video, forever, whether for advertising, publicity, training, promotional, sale or resale or any other commercial purposes, including publication of the event, including social and other forms of on-line media, without compensation or further approval, all to the fullest extent permitted by law.
User Communications on the Sites and Apps
The Sites, Apps, and certain other Services may utilize various methods for users to upload or post content on or through such Services and to communicate with other users, health care providers, vendors, and third parties, such as forums, chatrooms, messaging or electronic mail. The content created out of such interactions is referred to collectively as “user generated content” (“UGC”). Any and all UGC on our Sites, Apps or other Services are subject to these TCU.
Any UGC you upload/post to the Sites or Apps or through other USHC Services is done on a non-proprietary and non-confidential basis, and you agree that USHC has a royalty-free, perpetual, irrevocable, sublicensable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the Sites, Apps or any related Services. This license includes any right of publicity rights that may be present in the UGC.
USHC is not required to treat any UGC as confidential. UGC that you share or post on or through the Services may be seen by other users of the Services (including off of the Services if another user copies and reposts your UGC).
When you utilize our Services for communications you further expressly agree as follows:
You further agree that you shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post.
You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the Services or you have been granted the right by the respective owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.
USHC reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC.
USHC reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason. USHC is under no duty to, and does not represent it will, monitor, edit, and/or remove any UGC. If you send USHC unsolicited content or ideas, you agree that USHC may use such content and ideas in any way USHC wishes without any compensation to you.
Intellectual and Other Property
Other than the exceptions referenced in these TCU or noted elsewhere, the major exception being UGC uploaded/posted by users of the Services which remains the property of the users, all other content on the Sites or Apps is the property of USHC including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain names, or other electronic files (referred to hereafter as “USHC Content”). You may not use USHC Content from our Sites, Apps, or any related Services commercially without our express permission.
Certain elements of the Services, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws. Any USHC Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission.
You acknowledge that you have no right, title, or interest in or to the Sites, Apps, other Services, and/or USHC Content.
US HealthConnect and ReachMD are marks of USHC. Other marks, names, and logos available on or through the Services are the property of their respective owners.
There may be other content located on the Services not owned by USHC, and you should respect those property rights as well. All rights not expressly granted herein are reserved to USHC.
If you believe any content available on the Sites or Apps violates your copyright and you want the content removed from the Sites or Apps, please send a detailed message with the following information (under the Digital Millennium Copyright Act, the following information must be included in the message) to USHC’s designated agent for notice of claims of copyright infringement:
USHC’s Designated Agent is:
1301 Virginia Drive, Ste 300
Fort Washington, PA 19034
USHC takes copyright and other intellectual property issues seriously, and will terminate any accounts and/or users on the Sites or Apps that are connected to valid and repeat copyright infringement complaints.
Links to Third Party Sites and Apps
The Services contain links to external websites or other third-party online properties not controlled and/or affiliated with USHC. If you use these links, you will leave the Sites or Apps. USHC provides these links to you only as a convenience. USHC is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.
Some of our Services may contain sponsored information, advertisements or other third-party content for the placement of which a fee has been paid to USHC. If you choose to interact with content or information available through the links to external websites or other third-party online properties that are embedded in such Services, or if you do business with any of our advertisers, you are subject to whatever contractual language, warranties, representations, or terms and conditions that are imposed or negotiated by and between yourself and that third-party advertiser. Under no circumstances are we liable for any losses attributable to your transactions or relations with our advertisers.
Other Prohibited Conduct
In connection with your access to and/or use of the Services, you agree not to:
The previous list of prohibitions is not exclusive. USHC reserves the right to terminate your access to the Sites, Apps or any USHC Services for any reason.
By accepting these TCU, you waive and hold harmless USHC from any claims resulting from any action taken by USHC during or as a result of USHC’s investigation and/or from any actions taken as a consequence of investigations by either USHC or law enforcement related to your use of the Services.
You agree to indemnify, defend and hold harmless USHC, its wholly owned subsidiaries, affiliates and suppliers, including their officers, directors, employees, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) USHC or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Sites, Apps and/or any products or Services offered or rendered on or through the Sites or Apps, any UGC you upload or post on or through the Services, your breach of these TCU, the use of the Services by any person using your username and password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TCU.
In order to perform certain actions on the Sites or Apps, you will need to set up an account with a username and password. You are responsible for maintaining the confidentiality of your password and username, and agree to notify USHC if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You must set up any account for the Sites or Apps in your own name. You agree to immediately notify USHC at email@example.com of any unauthorized use of your account or any other breach of security in relation to the Sites or Apps known to you.
You may cancel your account for the Sites or Apps at any time by contacting firstname.lastname@example.org.
YOUR USE OF THE SITES, APPS, AND/OR ANY OTHER USHC SERVICES IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, THE SITES, APPS, OTHER USHC SERVICES AND ANY RELATED CONTENT, INCLUDING ANY PRODUCTS, INFORMATION OR MATERIALS PROVIDED ON OR THROUGH OUR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE EXTENT PERMITTED BY LAW, USHC, ITS WHOLLY OWNED SUBSIDIARIES, AFFILIATES AND SUPPLIERS, INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, AND ANY THIRD-PARTY SUPPLIER OR SERVICE PROVIDER THAT PROVIDES OR ASSISTS USHC IN PROVIDING THE SITES, APPS, AND ANY RELATED SERVICES (COLLECTIVELY, THE “DISCLAIMING PARTIES”) MAKE NO WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY PRODUCTS, INFORMATION OR MATERIALS OFFERED ON OR THROUGH THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMING PARTIES HEREBY EXPRESSLY DISCLAIM AND NEGATE ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMER OF WARRANTIES APPLIES TO THE SERVICES, THEIR CONTENT, AND ANY PRODUCTS, INFORMATION OR MATERIALS OFFERED ON OR THROUGH THE SERVICES. THE DISCLAIMING PARTIES DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE.
TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMING PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR SERVICES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY ONLINE LOCATIONS LINKED TO THE SITES, APPS, OR OTHER USHC SERVICES. TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMING PARTIES DO NOT WARRANT THAT THE SERVICES AND/OR THEIR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS FOUND ON OR THROUGH THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS USED TO HOST THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONCE AGAIN, THE SERVICES ARE NOT A SUBSTITUTE FOR APPROPRIATE MEDICAL CARE, AND THERE IS NO MEDICAL ADVICE OFFERED HEREBY.
Limitations on Damages
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ANY PRODUCTS, INFORMATION AND MATERIALS OFFERED ON OR THROUGH THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITES AND APPS, THE DISCLAIMING PARTIES DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR ANY MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMING PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE DISCLAIMING PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING FOR LOSS OF DATA OR PROFIT, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE DISCLAIMING PARTIES HAVE BEEN ADVISED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SERVICES OR ANY PRODUCTS, INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (4) ANY OTHER MATTER RELATING TO THE SERVICES, ANY PRODUCT, INFORMATION OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE DISCLAIMING PARTIES AND/OR BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO THE DISCLAIMING PARTIES FOR THE APPLICABLE SERVICES OUT OF WHICH THE LIABILITY AROSE.
IF YOU ARE DISSATISFIED WITH THESE TCU OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PRODUCTS, INFORMATION OR MATERIALS OFFERED ON OR THROUGH THE SERVICES, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
ALL PROVISIONS IN THESE TCU ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE that any claim relating to the Services and/or any products, information or materials offered on or through the Services, are governed by, and shall be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the Court of Common Pleas of Montgomery County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania for any disputes or litigation arising out of our relating to these TCU or the use of the Services.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Commonwealth of Pennsylvania courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Commonwealth of Pennsylvania court that such litigation brought therein has been brought in an inconvenient forum.
Comments & Feedback
In compliance with your rights under California Civil Code § 1789.3, you have the right to contact USHC with any complaints or to seek additional information. You may email us at email@example.com. You may also call 215.358.0552. For any physical documents, you may send mail to 1301 Virginia Drive, Ste 300 | Suite 300 | Fort Washington, PA 19034.
If California users have any questions or complaints about USHC they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.
ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON OR THROUGH THE SERVICES IS DONE AT YOUR RISK.
YOU AGREE THAT USHC IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using and/or implementing in any manner any of the opinions or recommendations found on or through the Services.
If any part of these TCU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TCU, all of which will remain in full force and effect to the extent permitted by law.
These TCU constitute the entire agreement of the parties with respect to the Services, and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and USHC, with respect to the Services.
USHC's failure to enforce any portion of these TCU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of these TCU.
USHC reserves the right, without notice and reason, to take down or terminate the Sites, Apps or otherwise revoke any and all access granted to you related to the Services. You agree that USHC is not liable to you or any other third party for this action.
Certain software elements of the Sites, Apps and related Services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
If you need to contact USHC for any reason not already specified in these TCU, please use the following contact information:
1301 Virginia Drive, Ste 300
Fort Washington, PA 19034
Revision date: This document was last updated on March 17, 2021.