Table of Contents
- Services Provided
- Your Limited Right to Use Site Materials
- Our Right to Use Materials You Submit or Post
- Site Registration Process
- Account Enrollment, Eligibility and Security
- Fraud Prevention and Security
- Electronic Medical Record
- Responsibility for User-Provided Content
- Rules Concerning Use of Site
- Limitation on Use of Company Directories
- Modifications to, or Discontinuations of, the Site
- Limitation of Liability
- Suspension and Termination of Access
- Notice of Copyright Infringement
- Other Terms
- Spam and Compliance with Anti-Spamming Laws
HAZEL reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on the Site and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. HAZEL also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes on the rights of others.
1. Services Provided
HAZEL provides the resources on the Site to connect students, parents and other individuals with HAZEL physicians and other licensed health care practitioners (the “Providers”) in real time, via live video conferencing, telephone and/or secure messaging for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services and information, and follow-on consultations, patient intake, and other services. HAZEL may record video conference consultations and HAZEL may record telephone calls for quality purposes.
2. Your Limited Right to Use Site Materials
The Site and all the materials available on the Site are the property of HAZEL, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
3. Our Right to Use Materials You Submit or Post
When you submit or post any material (including any photos or videos) via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose; provided however, that HAZEL shall abide by any and all applicable state and federal law and regulations governing the confidentiality of patient health records and information. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.
4. Site Registration Process
5. Account Enrollment, Eligibility and Security
In order to access the Site and Services, you represent and warrant that you are of legal age to sign a binding contract and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Service, register for the Services under your own name and to use the Services in accordance with the Terms of Service and abide by the obligations hereunder. You agree to fully, completely, accurately and truthfully create your HAZEL account, including, but not limited to, your name, mailing address, phone number, e-mail and password, which become your HAZEL ID and credentials. Your HAZEL ID and/or credentials are personal to you and you are solely responsible for maintaining the confidentiality of your HAZEL ID and credentials, and for all activities that occur under such HAZEL ID and credentials. You agree to prohibit anyone else from using your HAZEL ID and credentials and you agree to immediately notify HAZEL of any actual or suspected unauthorized use of your HAZEL ID or credentials or other security concerns of which you become aware.
In order to determine your compliance with these Terms of Service we reserve the right, but not the obligation, to monitor your access to and the use of the site and the Services. HAZEL may, in its sole discretion, refuse to provide HAZEL Services for noncompliance with these Terms of Service and/or any other actual or potential misuse of your account or the HAZEL Services. HAZEL recommends that you do not access your account or the HAZEL Services from a public computer. In no event and under no circumstances shall HAZEL be liable to you for any liabilities and/or damages arising out of the use of the Site, Services, your account information, or the release of your account information to third parties.
6. Fraud Prevention and Security
HAZEL may contact you by telephone, mail or e-mail to verify your HAZEL account information. HAZEL may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your account. If you do not provide this information in the manner requested within 14 days of the request, HAZEL reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by you to HAZEL as requested.
7. Electronic Medical Record
8. Responsibility for User-Provided Content
The Site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services or networking or communications features. By accessing and using any such features, you represent and agree: (a) that you have read and agree to abide by the rules set forth herein; (b) that you are the owner of any materials you post or submit, or are making your posting or submission with the express consent of the owner of the materials; (c) that you are making your posting or submission with the express consent of anyone pictured in any materials you post or submit, (d) that you are 13 years of age or older; (e) that the materials will not violate the rights of, or cause injury to, any person or entity; and (f) that you will indemnify and hold harmless HAZEL, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Site by you or by others using your username and password.
Responsibility for what is posted on the Site through which users can supply information or materials, or send via any e-mail services that are made available via the Site, lies with each user. You alone are responsible for the materials you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Site. You understand that we have no obligation to monitor any portion of the Site. You further acknowledge that HAZEL does not undertake any duty to provide any service by making the Site available. IN THE EVENT OF AN EMERGENCY, PLEASE CALL 911. We reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
You acknowledge and agree that we may preserve content and materials submitted by you and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public, consistent with applicable law.
9. Rules Concerning Use of Site
You may not use the HAZEL Services in any illegal, abusive or other manner that interferes with the business or activities of any other party. The following list gives examples of prohibited uses. This list is provided by way of example and should not be considered exhaustive:
a) Using the HAZEL Services, in, or to develop, a product or service that delivers separate, stand-alone functionality substantially similar to the HAZEL Services;
b) Transmitting any material that contains adult entertainment, including pornography, erotic content, sexually explicit content, prostitution, or any other content not appropriate for general audiences;
c) Offering or promoting gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
d) Promoting, encouraging or facilitating any illegal activity, violating the law or violating the rights of any third party (including, without limitation, intellectual property rights, rights of privacy, or rights of personality); or
e) Taking any action or transmitting any material that constitutes, promotes or is used for the purpose of dealing in illegal activities.
You are responsible for handling any claims related to your users including any content, services or advertising made available by you. You are responsible for properly handling and processing notices sent to you (or any of your agents or affiliates) by any person claiming that you have violated such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.
You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded.
You are solely responsible for all information, data, text, communications, recordings, videos, music, sound, photographs, messages or other materials (“content”) that you or any of your users upload, store, post, publish, display or otherwise transmit or use (hereinafter, “post”) in connection with the HAZEL Services. Without limiting the foregoing, you shall not (nor shall you allow any third party to) knowingly or with reason to know use the HAZEL Services to:
(a) post any content that: is unlawful, harassing, tortious, defamatory, pornographic, libelous or invasive of another’s privacy; you do not have a right to transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person; infringes any intellectual property or other proprietary rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or in the sole judgment of HAZEL, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose HAZEL or its users to any harm or liability of any type;
(b) interfere with or disrupt the HAZEL Services or servers or networks connected to the HAZEL Services, or disobey any requirements, procedures, policies or regulations of networks connected to the HAZEL Service;
(c) violate any applicable local, state, national or international law, or any regulations having the force of law;
(d) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
(e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the HAZEL Services.
10. Limitation on Use of Company Directories
The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
11. Modifications to, or Discontinuations of, the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Throughout our Site, we may have provided links and pointers to Internet sites maintained by third parties. Our linking to any such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that such third parties may provide on or through the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES, WHETHER EXTANT OR TO BE FORMED, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY STATE WHERE THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES IS NOT PERMISSIBLE, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, WHETHER EXTANT OR TO BE FORMED, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Site, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
15. Suspension and Termination of Access
You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice; provided, however, that HAZEL shall comply with applicable state and federal law concerning the privacy and retention of any and all health Records. You agree that we will not be liable to you or any third party for any suspension or termination of your password, account or use of the Site or any part thereof, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.
16. Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by e-mail to email@example.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
17. Other Terms
This agreement will be governed by and construed in accordance with the laws of the California, without giving effect to any principles of conflicts of law.
This agreement is personal to you (or your child), and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.
18. Spam and Compliance with Anti-Spamming Laws
HAZEL has a strict zero tolerance for unsolicited bulk e-mail, unsolicited posting to news groups or other illegal activities. You shall not use or permit any of your employees, agents or affiliates to: market, promote or solicit HAZEL products in ways that violate the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) or any other laws of the United States. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agree to indemnify and hold HAZEL and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold HAZEL and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys’ fees, if any, incurred in defending and/or resolving any suits brought against HAZEL or any of its Affiliates, by anyone arising out of an alleged violation by you or as a result of your HAZEL account of any anti-spamming rules, regulations, laws, statutes, and the like. Your account may be terminated for any of the above infractions.
HAZEL may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the Site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the HAZEL account information. You may give notice to HAZEL at any time via e-mail to [firstname.lastname@example.org].