TERMS OF USE

The HealthKnowledge website, www.gethealthknowledge.com (the “Site”) is an internet-based library of healthcare and health benefits related articles, tools and resources owned and operated by HealthKnowledge, LLC (“we,” “us,” or “HK”) and made accessible to users by their employers or other purchasers via a designated user name and password, subject to the terms and conditions of these Terms of Use.

1.              Agreement to be Bound. By accessing the Site, you agree to be bound by these Terms of Use.  We reserve the right to update or modify these Terms of Use at any time and without prior notice to you.  Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms of Use, as changed or modified.  We encourage you to review these Terms of Use regularly.

2.              Copyright Notice. All text, content, information, and data available on the Site (collectively, “Content”) is the property of HK or its licensors, and is protected by U.S. copyright laws.  You may not sell, lend, or rent any Content or copies of any Content, nor sell, rent or lend access information such as passwords, usernames, etc. to any other institution, entity or individual outside of your organization.  You may not reprint or electronically reproduce any Content in whole or in part for other than personal and non-commercial use.  You may not modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof or any of the Content.

3.              User License; Permitted Use. We hereby grant you, subject to these Terms of Use, the right to view the Content and use the Site to view the Content.  You may download and/or print a copy of the Content for your own personal and non-commercial use, provided that the Content is not modified in any way, and all copyright or other proprietary notices are kept intact.  No other use of the Site or Content is permitted.

4.              Trademarks. All of the trademarks, service marks, and logos displayed on the Site (“Trademarks”) are either registered or unregistered trademarks of HK.   Use of the Site does not imply, and should not be construed as granting, any license or right in or to the Trademarks, and use of the Trademarks without our prior express written permission is strictly prohibited.

5.              Privacy. We respect your personal privacy.  HK does not collect or maintain any of your personal information, other than your IP address (which happens automatically).  In no event will HK share any of your personal information with any third party.

6.              Linking and Framing. The Site may contain links to or advertisements for websites operated by other parties (“Third Party Sites”).  The links to and advertisements concerning Third Party Sites are provided for your convenience only.  We do not control such Third Party Sites, and we are not responsible for the content and performance of these Third Party Sites or for your transactions with them.  Our inclusion of links to or advertisements for such Third Party Sites does not imply any endorsement of the material, products or services available on or through such Third Party Sites or any association with their operators.

7.              Disclaimers.

A.     Disclaimer of Warranties. THE SITE AND ANY CONTENT DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, HK AND ITS LICENSORS DO NOT WARRANT AND HEREBY EXPRESSLY DISCLAIM THAT:

(I)   YOUR USE OF AND ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (III) THAT SERVERS ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.

B.     Professional Advice Disclaimer. THE CONTENT MAY INCLUDE, FROM TIME TO TIME, HEALTH, FITNESS, OR NUTRITIONAL INFORMATION DESIGNED FOR EDUCATIONAL PURPOSES ONLY.  YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL.  DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE.  NOTHING CONTAINED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR HEALTH CARE TREAMENT, INSTRUCTIONS, OR DIAGNOSIS. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.

C.     Most Current Disclaimer. HK MAKES NO WARRANTY OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF ITS CONTENT, AS DEVELOPMENTS IN MEDICAL RESEARCH AND HEALTH CARE LAW ARE ONGOING.  NO ASSURANCE CAN BE GIVEN THAT THE CONTENT WILL INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

D.     Limitations of Liability. NEITHER HK NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY.  YOU AGREE THAT HK SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR FOR THE FAILURE OR INTERRUPTION OF THE SITE.  IN NO EVENT SHALL HK’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100.00).

8.              Indemnification. You agree to indemnify, defend, and hold HK and its officers, directors, employees, agents, contractors, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms of Use, or (ii) your access or use of the Site.  This Section 8 shall survive in the event that your access and these Terms of Use are terminated for any reason.

9.              Miscellaneous.

A.     Governing Law. These Terms of Use shall be governed by the laws of the State of Maryland, without regard to its conflicts of law provisions.  You irrevocably submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Maryland, and waive any jurisdiction, venue, or inconvenient forum objections to such courts.

B.     Entire Agreement. These Terms of Use constitute the entire agreement and understanding between you and HK and governs your use of the Site, superseding any prior agreements between you and HK.

C.     No Waiver. The failure of HK to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  No waiver by HK of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

D.     Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

E.     Interpretation. The section titles in these Terms of Use are for convenience only and have no legal effect.

F.     Assignability. These Terms of Use and your access to the Site are not assignable, transferable or sub-licensable by you except with our prior written permission.  We may, however, assign these Terms of Use to any third party to whom we choose without your consent.

G.     Notice. We may deliver notice to you by means of a general notice on the Site.  You may give notice to us at any time by letter delivered by first class postage prepaid by U.S. mail or overnight courier to the following address:

HealthKnowledge, LLC

P.O. Box 983

Olney, MD  20830-0983