Terms of Use

Terms of Use

 

IMPORTANT NOTE REGARDING CONTENT

 

The Content available through our Services is for Your general educational information only. It is not medical advice and does not replace consultation with a health care professional. This Content does not replace the relationship that You have with Your health care professionals. If You are experiencing a medical emergency, You should seek appropriate emergency medical assistance, such as calling 911. None of the information available through our Services represents or warrants that any particular drug or treatment is safe, appropriate or effective for You. Talk to Your health care provider for diagnosis and treatment.

These terms and conditions (“Terms of Use”) govern Your access to and use of Recode Health’s websites and mobile applications that link to or reference these Terms (the “Services”). By accessing or using the Services, You are agreeing to these Terms of Use, as well as the most recent version of our Privacy Policy, and concluding a legally binding contract with Recode Health, LLC (“Recode Health”). If You are helping another person use our Services, these Terms constitute a legally binding agreement between both the helper and the person being helped and Recode Health. Do not access or use the Services if You are unwilling or unable to be bound by the Terms and any changes to our Terms.

 

  1. Definitions

 

1.1 Parties

 

“You” and “Your” refer to You, as a User of the Services. A “User” is someone who accesses or in any way uses the Services. “We”, “us”, and “our” refer to Recode Health.

 

1.2 Content

 

“Content” means all forms of data, communications and materials, including without limitation text, images, graphics, photos, audio, video, location data, information, suggestions and guidance. “Your Content” means Content that You submit or transmit to, through or in connection with the Services, including Personal Information. “Recode Health Content” means Content that we create and make available in connection with the Services. “Third Party Content” means Content that originates from parties other than Recode Health or its Users, which is made available in connection with the Services. “Services Content” means all of the Content that is made available in connection with the Services, including Your Content, Third Party Content and Recode Health Content.

 

  1. About the Services

 

Our Services require You to register as a member and authorize the use and disclosure of some of Your Content for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

Our Content is provided for informational purposes, and to assist You with locating appropriate medical products and services. You acknowledge that although some of the Services Content may be provided by individuals in the medical profession, the provision of Content does not create a medical professional/patient relationship between You and Record Health, or You and any health care professional whose Content appears on the Services.  Nor does the provision of Content constitute an opinion, medical advice, or diagnosis or treatment of any medical condition.

We strive to provide accurate, timely and up to date Content.  But we have no control over any health care provider, health care products, or health care services featured on our Services.  Nor do we have control over the availability or pricing of any products or services featured on our Services. Therefore, we will not be liable for any type of injury resulting from the use of the Services whatsoever.

You are strongly advised to perform Your own investigation prior to selecting a health care provider by confirming factors such as credentials, education, and insurance coverage.

The Services may feature links to or URLs for websites and applications operated by third parties, including links provided as automated search results. These links are provided for Your convenience only.  We do not endorse these sites or the products and services they provide. These third party websites and applications are governed by their own terms of use and privacy policies.  You should review these third party terms of use and privacy policies carefully.  You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites, or any injury arising through your use of third party sites.

 

  1. Registration

 

As part of the registration process, You will provide an email address and create a password. These are Your credentials for accessing the Services that are only available to members (“Credentials”). You should keep Your Credentials private and not share Your Credentials with anyone else. You are responsible for notifying us if Your password has been hacked or stolen. You may notify us by contacting our support team (support@StriveBenefits.com).

 

  1. Your Personal Information

 

In order to register, You must provide certain information about yourself. You may voluntarily submit, and hereby authorize Recode Health, its employees, agents and others operating on its behalf, to use and/or disclose information about You, including, without limitation, certain information that personally identifies You, as further described in our Privacy Policy (“Personal Information”). You have the right to refuse to authorize the use and/or disclosure of Your Personal Information. However if You chose to exercise this right, You may not be able to utilize some features of the Services. Our Privacy Policy explains the information practices that apply to Personal Information we have about You, as well as any choices You can make about the ways this information is used. Please review it carefully.

We Do Not Collect Individually Identifiable Health Information.  For the purposes of these Terms of Use, “Individually Identifiable Health Information” includes any information that relates to the physical or mental health of an individual; the provision of health care to an individual; or payment for the provision of health care to an individual. Do not provide us with any Individually Identifiable Health Information. Providing Individually Identifiable Health Information may be grounds for termination from use of the Services. We reserve the right to delete Individually Identifiable Health Information without notice.

 

  1. Use of the Services

 

All of the Recode Health Content, including without limitation all derivative works of our Content, is owned by us and our licensors. Subject to these Terms of Use, we grant You a personal, nontransferable, nonexclusive, revocable, non-sublicensable, terminable-at-will license to access and use the Services only for the personal, non-commercial use as described in these Terms of Use. You may print, download, and store a reasonable number of copies of information You gather from the Services for Your own use, but You must reproduce all copyright and trademark notices. All rights, title and interest in and to the Services, including the Recode Health and Third Party Content, and all intellectual property rights remain with the Company and our licensors and vendors, and no ownership interest is transferred to You or any other entity by virtue of making the Content available on the Services, granting this license or entering into this Agreement. Except as specified above, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services. Except for the limited licenses granted in these Terms of Use, Recode Health and its suppliers do not grant You any express or implied rights, and all rights in the Services not expressly granted by Recode Health to You are retained by Recode Health.

 

  1. Feedback

 

If You choose to provide us with any feedback, suggestions, or similar communications (collectively, “Feedback”), You grant to Recode Health a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, fully paid-up, irrevocable license, under all of Your intellectual property rights, to use, reproduce, display, perform, modify, create derivative or collective works and distribute Your Feedback, and any of our products or services embodying Your Feedback, in any manner we choose, without reference to the source.

Recode Health, Strive, and Strive Benefits are trademarks of Recode Health, LLC. Other names and brands may be claimed as the property of others.

 

  1. We Do Not Provide Medical Advice

 

THE CONTENT PROVIDED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL MEDICAL CARE. DO NOT USE OUR SERVICES FOR EMERGENCY MEDICAL CARE.  CONSULT A QUALIFIED HEALTH CARE PROFESSIONSL FOR MEDICAL ADVICE. YOUR USE OF RECODE HEALTH CONTENT IS SOLELY AT YOUR OWN RISK. THESE SERVICES ARE NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. OUR SERVICES DO NOT CONSTITUTE AN ENDORSEMENT OF ANY SPECIFIC PROCEDURES, TREATMENTS OR HEALTH CARE PROVIDERS. USE OF THE SERVICES IS AT YOUR OWN RISK.

 

  1. No Doctor Patient Relationship

 

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTH CARE PROVIDER OR SPECIALIST IN ANY FIELD.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION PROFESSIONAL QUALIFICATIONS, EXPERTISE OR QUALITY OF ANY PRODUCT OR SERVICE. WE DO NOT ENDORSE ANY INDIVIDUAL, COMPANY OR PRODUCT FEATURED IN THE SERVICES. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT.

 

  1. We Are Not Responsible for Information Concerning Insurance Plans

 

WE DISCLAIM ALL RESPONSIBILITY FOR THE AVAILABILITY OR UNAVAILABILITY OF ANY INSURANCE PLAN, THE ACCURACY OR INACCURACY OF CONTENT PERTAINING TO INSURANCE PLANS (INCLUDING PRICING AND AVAILABILITY), AND FOR THE REIMBURSABILITY OF SERVICES PROVIDED BY ANY HEALTH CARE PROVIDER THROUGH INSURANCE PLANS APPEARING ON OUR SERVICES.

 

  1. Accuracy of Content on our Services

 

We make the Services available to Users for the purposes of providing information and resources. We make reasonable efforts to ensure that the Content is accurate and complete.  However, health care related information changes constantly and quickly.  We cannot guarantee the accuracy, completeness, or timeliness of the Content. We are not responsible for any errors or omissions or for the results obtained from the use of such Services Content. We make no claims or representations about any procedures, products, services or devices.

 

  1. Your Responsibilities

 

You are responsible for all use of the Services and for all use of Your Credentials. You may use the Services for lawful, non-commercial purposes only. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, You agree that You shall not (and You agree not to allow any third party to):

copy, modify, adapt, translate, or reverse engineer any portion of the Services, and/or its content or materials;

remove any copyright, trademark or other proprietary rights notices contained in or on the Services or in or on any content or other material obtained via the Services;

use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Services;

access, retrieve or index any portion of the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or health care providers;

reformat or frame any portion of the web pages that are part of the Services;

fraudulently misuse the Services by scheduling an appointment with a health care provider which You have no intention of keeping;

create user accounts by automated means or under false or fraudulent pretenses; or

collect or store Personal Information about other Users in connection with the prohibited activities described in this paragraph.

In addition to our rights in these Terms of Use, we may take any legal action and implement any remedies to prevent the violation of and to enforce these Terms of Use.

 

  1. Changes to These Terms of Use

 

We may change these Terms of Use at any time, in our sole discretion. We will post the amended Terms of Use on the Services with notice of the changes. Your continued use of the Services following our  notification constitutes Your affirmative agreement to comply with the Terms of Use, as amended. If at any time You choose not to accept these Terms of Use, including following receipt of notification of any modifications, You should discontinue any further use of the Services.

 

  1. Changes to the Services

 

We reserve the right at any time to add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend part or all of our existing Services. We may make these changes in our sole discretion and without prior notice. Any changes to the Services will continue to be governed by the then-current Terms of Use governing our Services. You agree that Recode Health will not be liable to You or any third party for any modification or or discontinuation of any of the Services.

 

  1. No Spam

 

You may not use contact information featured on our Services or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications (Spam). You may not allow others to use Your account to violate the terms of this provision. We may terminate Your membership or access to the Services immediately and take other legal action if You or anyone using Your Credentials violates these provisions.

 

  1. Copyright Infringement

 

If You believe that Content appearing on our Services infringes a copyright of which you are the holder, You may send a notification to the attention of Recode Health’s designated Copyright Agent at (support@Recode Health.com).

 

  1. Disclaimer of Warranties

 

WE PROVIDE THE SERVICES “AS IS”. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT INFORMATION OR RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIRD PARTY CONTENT ON THE SERVICES. WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL CODE.

 

  1. General Limitation of Liability

 

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECODE HEALTH DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTH CARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

  1. Termination

 

We may terminate and/or suspend Your registration immediately, without notice, with or without any reason.  Recode Health will not be liable to You or any third party for any termination of Your access to the Services. You must not attempt to use the Services after termination. Sections 6 through 24 will survive any termination of these Terms of Use.

 

  1. Indemnification

 

You agree to indemnify, defend, and hold harmless Recode Health, our personnel, affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) Your access to or use of the Services, (b) the violation of these Terms of Use by You or any third party using Your Credentials, or (c) the violation of any intellectual property or other right of any person or entity by You or any third party using Your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or willful misconduct.

 

  1. Electronic Contracting and Notices

 

Your affirmative act of using and/or registering for the Services constitutes Your electronic signature to these Terms of Use and Your consent to enter into agreements with us electronically.

 

  1. Entire Agreement

 

These Terms of Use, our Privacy Policy and any written agreements between You and Recode Health contain the complete and exclusive agreement between You and us. If either party fails to enforce any provision of these Terms of Use, that party reserves and does not waive the right to enforce the same provision or any other provision of these Terms of Use at a later time.

 

  1. Choice of Law and Venue

 

California law will govern these Terms of Use and any dispute between You and Recode Health, without regard to conflict of law principles. You irrevocably submit to the exclusive personal jurisdiction of the State and Federal courts of California over all disputes arising through or resulting from these Terms of Use and waive all objections to that jurisdiction and venue.

 

  1. Assignment

 

We may assign this contract at any time to another entity. You may not assign any rights or delegate any duties under these Terms of Use, in whole or in part, without our prior written consent.  Any attempt to do so will be a material breach of these Terms of Use and will be null and void.

 

  1. Eligibility

 

You must be the legal age to form a binding contract in Your jurisdiction to register with us or use the Services. If You are between the ages of 13 and 18 or the legal age in Your jurisdiction, You can use the Services only in conjunction with, and under the supervision of, Your parent or guardian who has agreed to the Terms of Use. If You are under the age of 13, You may not use the Services. If You are the parent or legal guardian of a child under the age of 18, You may use the Services on behalf of Your minor child. By using the Services on behalf of a minor child, You represent and warrant that You are the parent or legal guardian of Your child. If You do not qualify under these terms, do not use the Services. Membership in the Services is void where prohibited by law. By using the Services, You represent and warrant that You have the right, authority, and capacity to enter into and abide by these Terms of. The Services are administered in the United States and intended for United States users only; any use outside of the United States is at the User’s own risk and Users are responsible for compliance with any local laws applicable to their use of the Services.

 

Last Updated on July 15, 2017.

 

 

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