Terms of Use of Healthwise Products
By accessing and using this Product, you agree to be bound by these Terms. For some Healthwise Products, your express agreement to these Terms may be required prior to the Product made available to you by Healthwise. If that is the case, you must affirmatively indicate your acceptance by “checking the box” or other method of acceptance presented. Healthwise’s Global Privacy Notice is incorporated into and forms a part of these Terms. Find the current Healthwise Global Privacy Notice here. If you do not agree to these Terms, do not indicate your acceptance or use the Product. If at anytime you want to withdraw your acceptance of these Terms, you must discontinue your use of the Product.
- Definitions.
“Client User” means an entity who has licensed the Product directly from Healthwise or sublicensed it through an authorized Healthwise sublicensor, such as a healthcare provider organization.
“End User” means a consumer, patient, or other individual receiving access to the Product from a Client User.
“Healthwise” means Ignite Healthwise, LLC located at 283-299 Market Street, Gateway Center 2, 4th Floor, Newark NJ 07102.
“Product” means the Healthwise proprietary health education information and technology, along with any applicable Third-Party Materials.
“Terms” means these Terms of Use for the Healthwise Products, which may be modified from time to time in accordance with the provisions herein.
“Third-Party Materials” means certain works, materials, information, or technology included in the Product that is owned by a third-party.
- Applicability.
These Terms apply to you as an End User. If you have access to one or more Products, then note that these Terms are for all Products. If any special terms apply to a specific Product, then those special terms will be included with the Product or found here.
- Changes.
Healthwise reserves the right to change these Terms from time to time. You agree that we may notify you of these changes by posting them here, which is linked from the Product. Your continued use of the Product will be deemed acceptance of the Terms as modified. Any changes to the Terms will be effective as of the date they are posted, so, please review these Terms not only before using the Product for the first time but frequently thereafter.
Healthwise will let Client Users know of any material changes in accordance with their contract. Please note there are free online tools that you, the End User, can use to monitor changes to websites. Do not use this Product if you do not agree to these Terms
- Use.
The Product is for informational purposes only. The Product’s sole purpose is to fulfill the Healthwise mission by providing End Users with the health-related information and resources contained in the Product. The Product is not a substitute for professional medical care and treatment. The Product is not intended for, nor should it be used as a substitute for, the rendering of medical, nursing, or professional healthcare advice or services or the practice of medicine, in any jurisdiction. Always seek the advice of your healthcare provider before beginning any treatment or if you have any questions regarding a medical condition.
Do not ignore symptoms or depend on the Product when deciding about emergency care. If you think you may have a medical emergency, call your doctor or 911 immediately. Healthwise is not recommending or endorsing tests, physicians, products, procedures, opinions, or other information contained in the Product. Images and videos are used for illustrative purposes only.
Developments in medical research may impact the Product. Healthwise and its suppliers and vendors attempt to keep the resources contained in or accessible through the Product timely and accurate, however, there are no guarantees, and any implied warranty or representation about the resource’s accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose is hereby disclaimed. Your use of the Product is also subject to any additional disclaimers and caveats that may appear throughout the Product.
These Terms and your permission to access and use the Product automatically terminate if you fail to comply with any of the Terms. Termination will not limit any of Healthwise’s rights or remedies. However, any provision that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination.
- Privacy and Security.
The Product may provide a Client User with functionality to send you educational materials electronically or enroll you in a selected digital health education program (“E-fulfillment Functionality”). As part of the E-fulfillment Functionality you may receive emails, SMS, or text messages based on the preferences you set up with the Client User. You along with the Client User will be responsible for all information provided in connection with the use of the E-fulfillment Functionality (“User Content”). You are responsible for managing your user preferences and settings. If you ever want to opt out of the E-fulfillment Functionality you have the ability to do so within your user account settings. For any questions regarding your enrollment in any E-fulfillment Functionality you should contact the Client User directly. Healthwise and its suppliers do not review or monitor the use of the E-fulfillment Functionality and are not responsible for the User Content in any way whatsoever. You grant to Healthwise and its suppliers the necessary rights and licenses in and to all User Content necessary for Healthwise to provide the E-fulfillment Functionality.
You understand that messages received via E-fulfillment Functionality may contain information that is important to your health and medical care and it is your responsibility to monitor the messages and to keep any access credentials confidential. You understand that any person with access to your email account or device could have access to the information sent via the E-fulfillment Functionality. You understand that you are solely responsible for all activities that occur using your log-in information. When using a mobile device, you acknowledge and understand that the integrity, confidentiality, and availability of any information is at your sole risk and dependent upon on how you have your device security settings configured.
The E-fulfillment Functionality must not be used in any way (a) that would potentially transmit any computer viruses, worms, trojan horses or other malware, or programming routines intended to damage the Product or any other technology; (b) to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (c) that infringes, misappropriates, or violates any intellectual property or other rights of any third party; (d) that violates any applicable law, regulation or ordinance.
Any User Content must not: (a) infringe, misappropriate or violate any intellectual property or other rights of any third-party; (b) be defamatory, harmful to minors, obscene or child pornographic; (c) contain any viruses or programming routines intended to damage the services or any software, hardware, or other technology used to provide the services or surreptitiously intercept or expropriate any data or information; or (d) be false, misleading, or inaccurate.
You hereby consent to the use and disclosure of personally identifiable or other information collected or obtained from you in connection with the use of the Product, including any information resulting from the use or operation of the E-fulfillment Functionality (“Service Data”). You further agree that Healthwise and its suppliers have the right to collect, extract, compile, synthesize, and analyze the Service Data in accordance with the Privacy Notice. Service Data may also be shared with the Client User. You hereby grant to Healthwise the right to modify and adapt any Service Data so that it is not personally identifiable. You further grant Healthwise without charge, the right to use, copy, display, transmit, excerpt, publish, distribute, and create derivative works using such non-personally identifying Service Data for any legal purposes including improving the operation, functionality, or use of Healthwise’s existing and future product offerings.
- End User’s Responsibilities.
You agree that you are the age of legal majority (generally 18 years of age) or older in your place of residence and possess the legal right and ability to agree to these Terms, and to use the Product in accordance with these Terms. You agree to ensure that anyone with authorized access to the Product will comply with these Terms.
Depending on the Product, you may log-in or register for a personal account. You agree to maintain the security of your log-in information or other personal information related to the use of your account. You agree to provide accurate, current, and complete information about yourself, and to maintain such information as appropriate.
You agree that you will not use the Product to transmit any communications or content of any type that infringe or violate the rights of another person or entity.
You agree that you will not use the Product for any purpose in violation of local, state, national, or international laws, rules, or treaties. You are responsible for compliance with local laws based on your location.
- Intellectual Property Rights.
You are not permitted (and you are not permitted to allow a third party to) sell, lease, modify, reproduce, reverse engineer, decompile, disassemble, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, sublicense, resell, or redistribute the Product or any part thereof without the prior written consent of Healthwise. In addition to the foregoing, you are not permitted to publicly perform, or display, distribute, create derivative works, or exploit the Products or any part thereof in any way for any public or commercial purpose, or otherwise make the Product or any part thereof publicly available or available to any unauthorized person. You are not permitted to use any trademark, service mark, or other proprietary marks of Healthwise without prior written consent.
If you would like to use our health information materials in any way not expressly permitted under these Terms, then please visit our Contact Us page. Remember, extraction of any images or other materials from the Product for your personal use on your blog or website is not allowed without written permission from Healthwise.
- Disclaimer of Warranties.
The use of the Product is at your own risk. The Product is provided solely on an AS-IS basis. HEALTHWISE 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 this disclaimer, Healthwise and its suppliers make no representations or warranties (written or oral) about the accuracy, reliability, completeness, or timeliness of the Product.
- Limits on Liability.
WHEN PERMITTED BY LAW, YOU AGREE THAT HEALTHWISE OR ITS SUPPLIERS, WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR EXPENSE, WHETHER DIRECT, INDIRECT, LOST PROFITS, REVENUES, OR DATA, PERSONAL INJURY/WRONGFUL DEATH, FINANCIAL LOSSES , SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCT. YOU AGREE YOUR SOLE REMEDY IS TO STOP USING THE PRODUCT.
To the extent permitted by law, the total liability of Healthwise and its suppliers, for any claims in connection with these Terms or the use of, misuse of, or inability to use the Product, is limited to the extent of actual damages incurred by you, not to exceed $1000.00 (USD).
In all cases, Healthwise, and its suppliers, will not be liable for any loss or damage that is not reasonably foreseeable.
- Indemnity.
You agree to defend, indemnify, and hold Healthwise, its officers, directors, employees, agents, and its suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal fees resulting from, or alleged to result from, your use or misuse of the Product.
- Miscellaneous.
You expressly agree that exclusive jurisdiction for any dispute relating to your use of the Product resides in the state court in the State of Idaho governed by the laws of the State of Idaho, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall remain in full force. No waiver of any of these Terms shall be deemed a further or continuing waiver.
- Contact Information.
If you have questions regarding these Terms you can contact Healthwise at 1.800.706.9646
EFFECTIVE DATE: April 30, 2024
