Terms of Service

HEALTHCARE HUDDLE

Updated on November 19, 2020.

This page describes the terms and conditions that govern your use of the digital media products offered by Huddle Media, LLC (“Huddle Media”, “we”, “us” or “our”) including without limitation our Site (defined below) and our newsletter (whether distributed by email or other messaging service or accessed via the Site, and any Healthcare Huddle products and services we may offer via our Site, newsletter or other digital media products.

For information on how Healthcare Huddle collects, uses and shares any personal information, please see our Privacy Policy. If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in our Privacy Policy under the laws of your jurisdiction.

  1. GENERAL RULES AND DEFINITIONS

1.1       If you choose to use or access any Healthcare Huddle product, service or subscription displaying, linking to or otherwise governed by these Terms of Service, including HealthcareHuddle.com (the “Site”), any mobile sites and applications we offer, and any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below), our newsletter and any Healthcare Huddle products and services we may offer via our digital media products (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and Healthcare Huddle.

1.2       We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after “Last updated on”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site.

1.3       IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE SERVICES AND/OR CANCEL YOUR SUBSCRIPTIONS TO THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.

1.4       We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

1.5       Being exposed to advertising is a condition of accessing the Services.

  1. ELIGIBILITY; REGISTRATION

2.1       The Services are available only to users who can form legally binding contracts under applicable law. By accessing or using Services, you represent and warrant that you have legal capacity to contractually commit to abide by all of the terms and conditions of these Terms of Service.

2.2       If you are accessing the Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your User information) across international boundaries. By accessing the Services and communicating electronically with us, you consent to such transfers.

2.3       You may be asked to register in order to use certain Services including, but not limited to, our newsletter. You agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete.

  1. CONTENT ON THE SERVICES

3.1       The contents of the Services are intended for your personal, noncommercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the “Content”) are protected by copyright, and owned or controlled by Healthcare Huddle, Inc. or the party credited as the provider of the Content. We also own copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

3.2       The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 3.3 of these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including Software) in whole or in part.

3.3       You may download or copy the Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from us, or the copyright holder identified in the copyright notice contained in the Content.

3.4       The Services may offer the opportunity to participate in contests, giveaways or other games or activities in which prizes may be awarded for participation. Any item or Content accessible via the Services labeled or identified as a “giveaway”, “contest”, “sweepstakes” or which offers a “prize” will, in additions to these Terms of Service, also be subject to the rules or guidelines linked or disclosed in connection with such item or Content.

  1. USER GENERATED CONTENT, COMMENT, REVIEWS AND RELATED MATTERS

4.1       If you upload, post or submit any content on the Services, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.

4.2       You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

4.3       You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services. Personal attacks are prohibited and are grounds for immediate and permanent suspension of access to all or part of the Service.

4.4       The Services shall be used only in a noncommercial manner. You shall not, without the express approval of Healthcare Huddle. distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

4.5       You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Healthcare Huddle and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats.

4.6       You grant Healthcare Huddle a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for Healthcare Huddle, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by Healthcare Huddle, including any Submission posted on or to the Services through a third party.

4.7       You are solely responsible for the content of your Submissions. However, while Healthcare Huddle does not and cannot review every Submission and is not responsible for the content of these messages, Healthcare Huddle reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.

4.8       By making a Submission, you are consenting to its display and publication via the Services and for related online and offline promotional uses.

  1. ADVERTISING DISCLOSURES

5.1       Like most digital media companies, we have financial relationships with various affiliates, advertisers, sponsors, and other third parties (collectively, “Affiliates”) whose products, services, and messaging are described in, or appear on, the Services. We are providing the disclosures in this Section 5 of out Terms of Service so as to be transparent as to our relationships with Affiliates and so as to comply with both the spirit and the requirements of the Federal Trade Commission’s Guides Concerning the Use of Endorsement and Testimonials in Advertising, which are codified at 16 C.F.R. Part 255.

5.2       We receive monetary and other forms of compensation from Affiliates for various advertising, sponsorships (such as sponsored posts or sponsored stories within our editorial content), insertion orders, commercial messaging, and other promotional campaigns that we feature in the Services. There is often a paid connection between Healthcare Huddle and an Affiliate with respect to a product, service, or company mentioned, reviewed, or recommended in the Services. If you ultimately decide to purchase a product or service mentioned in the Services, we may receive additional compensation from an Affiliate in connection with that purchase. Whenever there is such an Affiliate relationship, we do our best to clearly and conspicuously disclose it adjacent to, or within the, content. For example, such a disclosure may refer to Content being “Sponsored By” or presented “Together With” a particular Affiliate.

5.3       Please be assured that we try to provide true and accurate statements regarding any products, services, or companies mentioned, reviewed, or recommended in the v Services, regardless of whether the company is an Affiliate regardless of any affiliations, we only recommend products, services, or companies that we use personally or believe will be good for our users.

  1. REFERRAL PROGRAM

6.1       We may offer one or more refer-a-friend programs (the “Programs”) in which users have the opportunity to earn rewards, which may include Healthcare Huddle merchandise or other items, by taking certain actions, including sharing our Services with third parties who may be interested in accessing the Services.

6.2       Unless otherwise specified in the Services, the right to receive rewards earned through the Programs may not be exchanged or redeemed for cash and are non-transferable.

6.3       The Programs shall be available only in the US markets and in states or localities where the Program is lawful. Eligibility is limited to individuals only. The Program cannot be used by businesses for affiliate lead generation as determined in our sole discretion. A referred user and you cannot be the same person and you must have a different email address and different billing and shipping information from any referred user.

6.4       In participating in the Programs, you must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from the Programs.

6.5       We reserve the right to close the account(s) of you and/or any referred user if you and/or the referred user attempts to use the Programs in a questionable manner or is otherwise in breach any of these Terms of Service our Privacy Policy or is in violation of any law, statute or governmental regulation.

  1. PROHIBITED USE OF THE SERVICES

7.1       You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. Without Healthcare Huddle’s prior written consent, you shall not:

(i)         access any part of the Services, Content, data or information you do not have permission or authorization to access or for which Healthcare Huddle has revoked your access;

(ii)        use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means;

(iii)       use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;

(iv)       cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);

(v)        take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and

(vi)       do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.

7.2       Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

  1. DISCLAIMERS

8.1       Medical Disclaimer. Our Services and the Content presented via our Services is not intended to be a substitute for professional medical advice, diagnosis or treatment of any disease or heath condition. Should you have any such condition, you should seek advice of a physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist or other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information presented in the Content. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition.

8.2       Legal and Financial Disclaimer. Our Services and the Content presented via our Services is not business, financial, accounting, tax or legal advice and is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. We shall have no liability for investment decisions based upon, or the results obtained from, the content provided herein. Nothing contained in the site shall be construed as investment advice. We are not a registered broker-dealer or investment advisor and do not give investment advice or recommend one product over another.

8.3       Technology Disclaimer. We try to ensure that the availability and delivery of our Services. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, system back-up procedures, internet traffic volume, overload of requests to the servers and general network failures or delays.

8.4       Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, completeness or suitability of our Services for any particular purposes. You acknowledge that the Services and the Content presented via our Services AS-IS and may contain inaccuracies or errors. We assume no responsibility for updating or correcting any Content which may be represented via our Services.

  1. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES

9.1       You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that you are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else; and (c) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Service. You hereby indemnify, defend and hold harmless Healthcare Huddle and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Healthcare Huddle reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9.2       Healthcare Huddle does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, HEALTHCARE HUDDLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH LINKS IN THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR 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. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

9.3       IN NO EVENT WILL HEALTHCARE HUDDLE, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“HEALTHCARE HUDDLE PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE HEALTHCARE HUDDLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE HEALTHCARE HUDDLE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

9.4       Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site or in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Services.

9.5       CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. REGISTRATION AND SECURITY

10.1     As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address or by linking another account, such as your Facebook or Google accounts. You also can be requested to provide certain registration information, which must be accurate and updated. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Healthcare Huddle. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.

10.2     Please notify info@HealthcareHuddle.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

10.3     You must be 13 years or older to use any part of the Services in the USA and the UK, and 16 years or older anywhere else. If you are less than 18 years of age and would like to use, subscribe or register to any part of the Services, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Services or ask them to complete the purchase and/or registration on your behalf.

10.4     You are responsible for all usage or activity on your account with Healthcare Huddle, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.

  1. THIRD-PARTY CONTENT, LINKS AND SERVICES

11.1     The Services contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). Healthcare Huddle does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.

11.2     Our Services contain content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Services and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk.

  1. SOFTWARE LICENSES

12.1     You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by Healthcare Huddle, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.

12.2     If you purchase a digital subscription that includes downloadable software, your download and use of that software may be subject to additional terms or end user license agreements.

  1. TERMS OF SALE; SUBSCRIPTIONS

13.1.     We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. We may sell such access on a subscription basis or as a one-time purchase. In addition we may sell merchandise related to the Services. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products, services or subscriptions or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account or the purchase of merchandise. If shipping and handling charges apply they will be disclosed at or prior to checkout.

13.2     To the extent that any paid digital product, services or subscription is made available by Healthcare Huddle, your purchase of such product, service or subscription is personal to you, may not be transferred or assigned and only you may use the access or user credentials (user name and password, etc.) associated with the paid product service or subscription.

13.3     UNLESS STATED OTHERWISE AT CHECK OUT, PURCHASES ARE NON-REFUNDABLE, AND SUBSCRIPTIONS WILL BE AUTO-RENEWED AT THE END OF THE APPLICABLE SUBSCRIPTION PERIOD AT THE THEN APPLICABLE RATE UNLESS YOU HAVE CANCELLED THE SUBSCRIPTION PRIOR TO THE EXPIRATION DATE. We reserve the right to deny, suspend or revoke access to the subscription content, in whole or in part, if we believe a user is in breach of these Terms of Service. If do elect to cancel, the cancellation will take effect the day after the last day of the current subscription period. We may change the price for subscriptions, from time to time, by posting the new price on the Services. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change.

13.4     Healthcare Huddle will process any payments for purchase as promptly as possible. There may be a delay in the activation of your product while payment details are verified. We accept major credit cards, PayPal and certain digital wallet services. We reserve the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your subscription, product or access will be terminated. Unless specified otherwise in the Cancellation and Refund Policy below, all charges are nonrefundable. Healthcare Huddle may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. The disbursement of the updated credit card information is provided to us at the election of your credit card issuer. We are not responsible for the distribution of your updated credit card information. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.

13.5     When you purchase a paid product, service or subscription, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively. All prices are in United States Dollars, unless otherwise stated. We will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your order.

13.6     Healthcare Huddle reserves the right to change applicable prices and fees at any time. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes. If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.

13.7     When you use your product, service or subscription, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.

13.8     All Healthcare Huddle digital subscriptions are renewed automatically. When we renew your subscription, we will use the payment method currently associated with your account. In most cases, you will not be notified in advance of impending renewals and you expressly agree to waive the application of New York General Obligations Law section 5-903 and any similar laws. When you make a one-time purchase (for example, a subscription sponsorship or standalone product such as an article from our merchandise offering), we will charge or debit your payment method at the time of purchase.

13.9     If your credit card expires or your payment method is otherwise invalid, your subscription or product will not automatically be terminated. You will remain responsible for all charges. You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.

13.10    We may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined. You may be required to provide your payment details when you sign up for a promotion. At the end of the promotion, your subscription will automatically renew at the rates displayed at the time of purchase. We will not notify you in advance that the promotion is about to end and we will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify us before the promotion ends.

  1. CANCELLATION AND REFUND POLICY

14.1     When you cancel a subscription, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

14.2     We reserve the right to make changes to our products, services or subscriptions at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.

14.3     We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our product, service or subscriptions are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

14.4     Certain promotions may not permit cancellation during the promotional period. You agree to the cancellation and refund terms stated at the time of purchase.

14.5     One-time purchases cannot be canceled or refunded.

14.6     We reserve the right to make changes to our digital products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.

14.7     If any or all of our products, services or subscriptions are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

  1. COPYRIGHT INFRINGEMENT

15.1     Healthcare Huddle has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is Healthcare Huddle’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders.

15.2     Healthcare Huddle will respond to notices of alleged infringement regarding third-party material sent pursuant to and in accordance with the DMCA, which may include Healthcare Huddle removing or disabling access to third party material claimed to be the subject of infringement or other activity. Written notification must be submitted to the Designated Agent at the address identified in Address for Notice section below. All notices sent to Healthcare Huddle regarding matters other than informing Healthcare Huddle that a party’s copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your infringement notification must include the following:

(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; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site; Identification of the material (i.e., the third party materials) 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 Healthcare Huddle to locate the material; Information reasonably sufficient to permit Healthcare Huddle 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; A statement, as follows: “I have 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”; and A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

(ii)        Upon receipt of a valid written notification containing the information as outlined above, Healthcare Huddle shall, (1) remove or disable access to the Third Party Content that is alleged to be infringing; (2) forward the written notification to the alleged infringer; (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the Third Party Content.

(iii)       To be effective, a Counter Notification must be a written communication provided to Healthcare Huddle’s Designated Agent that includes substantially the following:

A physical or electronic signature of the alleged infringer; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and the alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Healthcare Huddle may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

(iv)       Upon receipt of a valid Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and Healthcare Huddle will comply with this requirement within a reasonable time (or as otherwise required by law), provided Healthcare Huddle’s Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on Healthcare Huddle’s network or system.

(v)        Notices of claimed copyright infringement should be directed to:

By email: info@HealthcareHuddle.com

  1. AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

16.1     We Both Agree to Arbitrate. You and Healthcare Huddle agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Healthcare Huddle’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Healthcare Huddle may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.

16.2     What is Arbitration. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

16.3     Arbitration Procedures. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms of Service shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Service, the rules set forth in these Terms of Service will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Healthcare Huddle must do the following things:

(i)         Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a demand for arbitration at www.jamsadr.com.

(ii)        Send three copies of the demand for arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(iii)       Send one copy of the demand for Arbitration to the other party.

16.4     Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

16.5     Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Healthcare Huddle, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Healthcare Huddle.

16.6     Waiver of Class Actions. You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

16.7     Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to limited review by a court. In the event any litigation should arise between you and Healthcare Huddle in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HEALTHCARE HUDDLE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

16.8     Choice of Law/Forum Selection. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.

  1. MISCELLANEOUS

17.1     Nothing in these Terms of Service will serve to preempt the promises made in our Privacy Policy.

17.2     Correspondence should be sent to info@HealthcareHuddle.com.

17.3     You agree to report any violations of the Terms of Service to Healthcare Huddle as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a Service, please notify info@HealthcareHuddle.com.

17.4     Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.

 

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