HealthTalker, LLC ("HealthTalker") Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
- By using the HealthTalker Website, you agree to these Terms and Conditions.
- HealthTalker may revise and update these Terms and Conditions at any time. Your continued usage of the HealthTalker Website will mean you accept those changes.
- Neither this Website, nor its Online Communities or Members, provide medical advice.
- The content on the HealthTalker Website is the property of HealthTalker and its clients/licensors.
- To be and remain a HealthTalker Member ("Member"), you must act appropriately and follow the Code of Conduct.
- We expect that you will use caution and common sense when participating in any HealthTalker Online Community, particularly since other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
- HealthTalker is not liable for the actions of its Members.
About this Policy
Participating in HealthTalker Programs
HealthTalker programs are designed to enable consumers to have meaningful in-person and online conversations about conditions, diseases, disorders, devices, or medications that are personally relevant to them.
Individuals are invited to participate in a HealthTalker program. When registering, an individual may be asked to provide certain medical information, such as the diseases or conditions they suffer from, and the medications they take to treat those conditions. If you register as a HealthTalker member and qualify for a particular Program, you must comply with all applicable instructions on our website, and adhere to these Terms and Conditions.
After you register with HealthTalker, you may asked to read and review relevant materials related to the Program topic. You may also be asked to complete some basic online "training" that verifies that you have read and understand the materials presented to you. Upon adequate completion of the tutorial, you will have access to a series of Program tools from a password-protected section of the HealthTalker website. You may also receive certain Program-related materials in the mail, sent to you via USPS, Federal Express, or similar shipping service to the home address listed on your account. These Program-materials may explain the Program in more detail, and may include items or information that may be suitable to share with others.
When you talk to others about a health condition in your capacity as a HealthTalker, you may generally discuss the health condition and therapeutic approaches to treat the condition. If you are asked to provide information regarding a specific prescription medication you are taking to treat such a condition, it is your decision whether to share this information. However, as a HealthTalker member you agree that anytime you discuss prescription medications with third parties, you will clearly state that such medications were prescribed to you by a physician and that only a physician can decide what medications, if any, may be right for them. You further agree that if you are speaking about a specific prescription medication, you will agree to adhere to the terms and conditions outlined in that Program and will not to encourage any "off-label" uses of any prescription medications.
As a HealthTalker member, you may also be encouraged to complete a Conversation Report about the conversations you have had with others about the program topic. The specific details for completion of these reports will be provided on the HealthTalker program site.
In some cases, HealthTalker programs may be paid for by pharmaceutical companies. However, these Programs are not intended to constitute or replace professional medical advice, but rather to encourage individuals to speak to a physician and explore various treatment options for certain conditions.
HealthTalker reserves the right, in its sole discretion, to determine who shall be eligible to participate in any of the Programs offered by HealthTalker. Further, HealthTalker may, at its discretion, remove a Member from a Program at any time for any reason.
This Website Does Not Provide Medical Advice
The contents of the Website and any material contained on the Website ("Content") are provided for informational purposes only. Neither the Content, nor any information or materials communicated by HealthTalker Members or as part of a Program, is 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 a medical condition or before starting any new treatment or making any changes to existing treatment. Never disregard professional medical advice or delay in seeking it because of something you have learned from a HealthTalker Member or materials you have received from, or read on, the HealthTalker Website.
If you think you may have a medical emergency, call your doctor or 911 immediately. HealthTalker does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the HealthTalker Website, a HealthTalker Member, through any HealthTalker Online Community Member, others appearing on the Website at the invitation of HealthTalker, or other visitors to the HealthTalker Website, is solely at your own risk. Posts made to HealthTalker Online Communities express the views and opinions of the author, not HealthTalker or its administrators or moderators, and HealthTalker does not accept any liability or responsibilities for any statements made in such Online Communities.
HealthTalker authorizes you to view or download a single copy of the material on the HealthTalker Website solely for your personal, noncommercial use if you retain all copyright, trademark, or other proprietary notices contained on such Content. The Content is protected by copyright under both United States and foreign laws. As between you and HealthTalker, all HealthTalker Content is HealthTalker's exclusive property. Unauthorized use of HealthTalker Content may violate copyright, trademark, and other laws. You may not sell or modify HealthTalker Content or reproduce, display, publicly perform, distribute or otherwise use HealthTalker Content in any way for any public or commercial purpose. The use of HealthTalker Content on any other Website for any purpose is prohibited.
You agree that you will not submit or transmit any communications or content to any Online Community or as part of any HealthTalker Conversation Report or as part of any other submission to the HealthTalker Website that infringes or violates any privacy or other rights of any third party. If you make any submission to an Online Community or elsewhere on the HealthTalker Website, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted HealthTalker a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Depending on the program, HealthTalker Members may have the opportunity to register to participate in an Online Community ("Community"). HealthTalker Online Communities are provided as a venue for communications between Members and will be facillitated by a HealthTalker moderator. HealthTalker will periodically screen content posted in the Online Communities to detect any "Adverse Events" from prescription drugs that may be required to be reported to Program-sponsoring pharmaceutical companies in order for them to comply with their legal reporting obligations to the FDA. "Adverse Events" are generally unfavorable and unintended signs, symptoms, or diseases associated with the use of prescription medicines, whether or not considered related to the medicine. We are under no legal obligation to, and generally do not, control the submitted content or information provided by other Members that is made available through HealthTalker Online Communities. As a result, HealthTalker has no control over the truth or accuracy of information communicated by Members and/or submitted by Members to HealthTalker Online Communities.
HealthTalker makes no representations about the accuracy, reliability, completeness or timeliness of any Member profile or posted content. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Members with whom you come in contact through HealthTalker. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when participating in any HealthTalker Online Communities.
Because authentication of identity on the Internet is difficult, HealthTalker cannot and does not confirm that each Member is who they claim to be. Because we do not and cannot be involved in Member-to-Member Community dealings or control the behavior of Members on any HealthTalker Community, in the event that you have a dispute with one or more Members, you release HealthTalker (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Use of Communities
If you participate in a HealthTalker Community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Community. HealthTalker and its licensors are not responsible for the consequences of any communications in the Online Communities. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to participate in a HealthTalker Community, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using an Online Community for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the privacy, publicity, or intellectual property rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by HealthTalker in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Online Community, or which, in the judgment of HealthTalker, exposes HealthTalker or any of its customers or suppliers to any liability or detriment of any type.
HealthTalker reserves the right (but is not obligated) to do any or all of the following:
- Investigate any allegation that a posted communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
- Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
- Terminate a user's access to any or all Online Communities and/or the HealthTalker Website upon any breach of these Terms and Conditions;
- Monitor, edit, or disclose any communication in the Online Communities;
- Edit or delete any communication(s) posted on the HealthTalker Online Communities, regardless of whether such communication(s) violate these standards; and
- HealthTalker or its licensors have no liability or responsibility to Members of the HealthTalker Online Communities or any other person or entity for performance or nonperformance of the aforementioned activities.
Disputes Among Online Community Participants
You are solely responsible for your interactions with other HealthTalker Online Community Members. HealthTalker reserves the right, but has no obligation, to monitor disputes between you and other Online Community Members.
Copyrights and Trademarks
All materials included on HealthTalker.com including but not limited to text, design, graphics, interfaces or code, and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of HealthTalker or its clients, unless otherwise noted or attributed. Text excerpts, diagrams, logos or other information may be quoted within the content of this Website, and the respective copyright holders retain their rights to this material.
You may download, view, e-mail, copy and print documents and graphics incorporated in the documents from this Website subject to the following: (1) the documents may be used solely for involvement in HealthTalker Programs or personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from the Website in whole or in part without the prior written permission of HealthTalker.
The HealthTalker Website and the content are provided on an "as is" basis. HEALTHTALKER, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, HealthTalker, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the HealthTalker Website or HealthTalker.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the HealthTalker Website.
Limitations of Liability
The use of the HealthTalker Website and the Content is at your own risk.
When using the HealthTalker Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of HealthTalker and its suppliers. Accordingly, HealthTalker assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the HealthTalker Website.
HealthTalker may provide links to other websites or resources of possible interest to Participants. Because we have no control over such websites or resources or the individuals who make such contributions, you acknowledge and agree that HealthTalker is not responsible for the availability of such websites or resources or any contributions, and neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or the content of any contributions. You also acknowledge and agree that HealthTalker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content posted on or through any third party websites or resources to which the HealthTalker Website provides a link. When you access these third-party websites or otherwise use or rely on such content, you do so at your own risk. All such websites are subject to the policies and procedures of the owner of such websites.
IN NO EVENT SHALL HEALTHTALKER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD PARTIES MENTIONED ON THE HEALTHTALKER WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE HEALTHTALKER WEBSITE, A PARTICIPANT'S PARTICIPATION AS A MEMBER, THE USE OF OR RELIANCE ON ANY CONTENT POSTED ON HEALTHTALKER’S WEBSITE OR ON ANY HEALTHTALKER PARTICIPANT ONLINE COMMUNITY, OR ON ANY STATEMENTS MADE BY MEMBERS, OR ANY PRODUCTS OR SERVICES OBTAINED OR DISTRIBUTED BY MEMBERS IN CONNECTION WITH ANY PROGRAM. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHTALKER, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE HEALTHTALKER WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEALTHTALKER, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE HEALTHTALKER WEBSITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1000. HEALTHTALKER, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE HEALTHTALKER WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE, CONTENT, OR ONLINE COMMUNITIES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY CONTENT, OR ONLINE COMMUNITIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE IN WHICH THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
You may terminate your membership in the HealthTalker community at any time, for any reason, by contacting us. HealthTalker may terminate you as a Member for any reason, at any time. HealthTalker will not be liable to the member or any third party for termination of service.
Legal Compliance and Notices
You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of this Website, and not to use this Website for any purpose that is contrary to any such laws, rules, regulations or orders. U.S. federal law or the laws of the Commonwealth of Massachusetts shall govern all matters relating to your access to, and use of, the Website or any Online Community or other services provided by HealthTalker. Any legal action or proceeding relating to your access to, or use of, this Website shall be instituted in a state or federal court in Suffolk County, Massachusetts. You and HealthTalker agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. HealthTalker from time to time may send you legal or other required notices. You agree that HealthTalker may provide to you required notices, agreements and other information electronically. We will post the notices on the HealthTalker Website. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Website. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
The terms and conditions set forth above shall constitute the entire understanding between HealthTalker and any users of its Website or registered Members of the HealthTalker community.
Comments, Complaints and Questions
Should you have any comments, questions or complaints regarding these terms and conditions, please contact us.