Terms of Service Agreement for Point to Point Health Care Active Reporting, a product of Healthcare Interactive, Inc.

1. Your Use of Point to Point Active Reporting Governed by this Agreement

Your use of Point to Point Active Reporting “P2Par” is governed by this agreement. P2Par is a Healthcare Interactive product. In all cases in this Agreement, "HCI" and “Healthcare Interactive” means Healthcare Interactive Inc., located at 3060 State Route 97, Suite 260, Glenwood, MD 21738, United States, and includes its subsidiaries, affiliates, and licensors involved in providing Healthcare Interactive data or services.

2. P2Par does NOT offer medical advice

P2Par does not offer medical advice. Any content accessed through P2Par or HCI is for informational purposes only, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment or uses, directions, precautions, drug interactions, or adverse effects. This content should not be used as a substitute for medical advice from a doctor, or during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions or concerns about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through P2Par or HCI. Call 911 or your doctor for all medical emergencies.

You may only use P2Par if you reside in the United States.

Reliance on any information provided by P2Par, HCI, HCI employees, or others accessed through P2Par is solely at your own risk.

3. Use of P2Par Data, Products or Services

You are responsible for the security of your passwords and for any use of your account. You must immediately notify HCI of any unauthorized use of your password or account by contacting support@hciactive.com.

Your use of P2Par and any content accessed through P2Par must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use P2Par or HCI.

You may not access P2Par other than by the interfaces provided by HCI or interfere with or disrupt the proper operation of P2Par and or Healthcare Interactive, Inc..

4. Use of Information

If you create, transmit, or display health or other information while using or received from P2Par, you may provide only such information that you own or have the right to use. HCI and P2Par may only use health information you provide as permitted by applicable law.  Neither P2Par nor HCI is a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). Although HCI systems are HIPAA compliant as required by our plan sponsors and health insurance plans, HIPAA does not apply to the transmission of health information to or from P2Par by or to HCI or any third party.

You understand that HCI does not control or endorse the content that you and others display, transmit or provide to P2Par.

You understand that HCI may need and you hereby authorize HCI to use, modify, copy, distribute and display content posted on the Service to the extent necessary to provide the Service in compliance with HIPPA regulations as they may apply to P2Par. This includes:

You understand that sharing content that violates others' copyrights , other intellectual property rights or any HIPPA rights violates this agreement. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of any information provided does not breach any law.

5. Additional Terms

Your use of P2Par and any content accessed through P2Par is subject to the additional terms provided in connection with Healthcare Interactive’s agreement in effect at that time with Licensor.

6. Content and Services Accessed through P2Par; and Third Party Services

The use of the Content and Services is at your own risk.  Some health-related content may be sexually explicit and may include content that you find offensive.

When using the Site, information is transmitted over an electronic medium that is beyond the control and jurisdiction of HCI and its and its subsidiaries, affiliates or licensors. As such, HCI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with HCI products or services. How safe this information remains depends on how well you protect your computer from spyware and other programs that attempt to hack into your system. Keep your operating system up-to-date and use anti-virus software and personal firewalls to protect your computer from unwanted intrusions.

The content, services and data are provided on an "as is" basis, and HCI assumes no liability to or for the accuracy of your data or any other data accessed through our products or services.

Healthcare Interactive may make third-party services or internet sites available through P2Par for the convenience of World Wide Web users. If you access a third party’s website or data or information through the P2Par system, you are solely responsible for authorization to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or if you otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.

P2Par may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does NOT endorse any third-party content or services. HCI further does not endorse any third-party service providers, other health care providers, products, services, doctors, opinions, or web sites accessed through P2Par. It is your responsibility to examine the copyright and licensing restrictions of linked pages and to secure all necessary permission. You cannot assume that the external sites will abide by the same provisions as HCI.

USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. HCI MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

7. HCI Proprietary Rights

HCI owns all proprietary rights to P2Par. HCI gives you a personal, limited, revocable, non-assignable, and non-exclusive license to use P2Par.  All HCI proprietary source code, products, services and intellectual property remain the sole property of HCI at all times, and limitations of liability do not apply to breaches by you of intellectual property rights or provisions, or indemnification obligations.  You will not disassemble, decompile, or reverse engineer any  P2Par  system.

Should you decide to transmit to HCI, by any means or any media, any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree that such submissions are unrestricted and shall be deemed non-confidential and you automatically grant to HCI and its assigns an exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

8. Modification and Termination of P2Par

HCI may modify, suspend or terminate P2Par at its sole discretion, and may suspend or terminate your use of P2Par if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If HCI or the Licensor terminates P2Par or your use of P2Par, this agreement will also terminate, but all terms and conditions related to the privacy of data and limits on liability will continue to be effective after termination.

9. Changes to this Agreement

HCI may change this Service Agreement unilaterally by posting new applicable terms and conditions. If we make such changes, you must either agree to the changes or stop using the Service.

10. Indemnification

You will hold harmless, indemnify, defend or settle any third-party claim against HCI and its subsidiaries, affiliates, and licensors, and their respective  officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, unauthorized use of a third party’s intellectual property or protected health information, or arising out of or related to your use of any HCI products, services or data.

11. Exclusion of Warranties

HCI, and its subsidiaries, affiliates, and licensors provide the service “as-is,” “with all faults” and “as available.”  We do not guarantee the accuracy, completeness, usefulness, or timeliness of information available from the service, nor the advice or information provided by HCI and its subsidiaries, affiliates, licensors, or any third party.  Neither HCI nor any of HCI’s licensors make any express warranties, and each of them disclaims to the fullest extent of the law all implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement.  Neither HCI nor any of HCI’s licensors make any warranty that the content in P2Par satisfies government regulations requiring disclosure of information on prescription drug products.  Content of HCI is developed for use in the United States, and neither HCI nor any of HCI’s subsidiaries, affiliates, and licensors make any representation concerning the content when used in any other country.

12. Limitation of Liability

Neither HCI nor any of its subsidiaries, affiliates, and licensors may be held liable under this agreement for any damages other than direct damages, limited to $100, even if the party knows or should know that other damages are possible or that direct damages are not a satisfactory remedy.  You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages, unless you reside in a state that does not allow the exclusion or limitation of incidental or consequential damages. As such, the limitations in this section apply to you only to the extent they are lawful in your jurisdiction.  HCI assumes no liability for damage to your computer or other electronic devices which may occur as a result of using the software or website.

13.  Applicable Law; Venue.  This Agreement shall be governed, enforced, performed and construed in accordance with the laws of the State of Maryland, without reference to the principles of conflicts of law.  If any dispute or controversy arises among the parties to this Agreement, that dispute or controversy, the parties consent to the exclusive jurisdiction of, and the matter shall be submitted to, the Courts of Howard County Maryland.  The party which does not prevail in such proceedings shall pay the reasonable attorney’s fees and other costs and expenses, including expert witness fees, incurred by the prevailing party. 

Terms of Service Agreement for Point to Point Member Engagement, a product of Healthcare Interactive, Inc.

1. Your Use of Point to Point Member Engagement Governed by this Agreement

Your use of Point to Point Member Engagement “P2Pme” is governed by this agreement. P2Pme is a Healthcare Interactive product. In all cases in this Agreement, "HCI" and “Healthcare Interactive” means Healthcare Interactive Inc., located at 3060 State Route 97, Suite 260, Glenwood, MD 21738, United States, and includes its subsidiaries, affiliates, and licensors involved in providing Healthcare Interactive data or services.

2. P2Pme does NOT offer medical advice

P2Pme does not offer medical advice. Any content accessed through P2Pme or HCI is for informational purposes only, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment or uses, directions, precautions, drug interactions, or adverse effects. This content should not be used as a substitute for medical advice from a doctor, or during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions or concerns about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through P2Pme or HCI. Call 911 or your doctor for all medical emergencies.

You may only use P2Pme if you reside in the United States.

Reliance on any information provided by P2Pme, HCI, HCI employees, or others accessed through P2Pme is solely at your own risk.

3. Use of P2Pme Data, Products or Services

You must provide accurate information to use P2Pme. You are responsible for the security of your passwords and for any use of your account. You must immediately notify HCI of any unauthorized use of your password or account by contacting             support@hciactive.com.

Your use of P2Pme and any content accessed through P2Pme must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use P2Pme or HCI.

You may not access P2Pme other than by the interfaces provided by HCI or interfere with or disrupt the proper operation of P2Pme and or Healthcare Interactive,  Inc...

4. Use of Information

If you create, transmit, or display health or other information while using or received from P2Pme, you may provide only such information that you own or have the right to use. HCI and P2Pme may only use health information you provide as permitted by applicable law.  Neither P2Pme nor HCI is a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA").  Although HCI systems are HIPAA compliant as required by our plan sponsors and health insurance plans, HIPAA does not apply to the transmission of health information to or from P2Pme by or to HCI or any third party.

You understand that HCI does not control or endorse the content that you and others display, transmit or provide to P2Pme.

You understand that HCI may need and you hereby authorize HCI to use, modify, copy, distribute and display content posted on the Service to the extent necessary to provide the Service in compliance with HIPPA regulations as they may apply to P2Pme. This includes:

You understand that sharing content that violates others' copyrights , other intellectual property rights or any HIPPA rights violates this agreement. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of any information provided does not breach any law.

5. Additional Terms

Your use of P2Pme and any content accessed through P2Pme is subject to the additional terms provided in connection with Healthcare Interactive’s agreement in effect at that time with Licensor.

6. Content and Services Accessed through Healthcare P2Pme; and Third Party Services

The use of the Content and Services is at your own risk. Some health-related content may be sexually explicit and may include content that you find offensive.

When using the Site, information is transmitted over an electronic medium that is beyond the control and jurisdiction of HCI and its and its subsidiaries, affiliates or licensors. As such, HCI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with HCI products or services. How safe this information remains depends on how well you protect your computer from spyware and other programs that attempt to hack into your system. Keep your operating system up-to-date and use anti-virus software and personal firewalls to protect your computer from unwanted intrusions.

The content, services and data are provided on an "as is" basis, and HCI assumes no liability to or for the accuracy of your data or any other data accessed through our products or services.

Healthcare Interactive may make third-party services or internet sites available through P2Pme for the convenience of World Wide Web users. If you access a third party’s website or data or information through the P2Pme system, you are solely responsible for authorization to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or if you otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.

P2Pme may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does NOT endorse any third-party content or services. HCI further does not endorse any third-party service providers, other health care providers, products, services, doctors, opinions, or web sites accessed through P2Pme. It is your responsibility to examine the copyright and licensing restrictions of linked pages and to secure all necessary permission. You cannot assume that the external sites will abide by the same provisions as HCI.

USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. HCI MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

7. HCI Proprietary Rights

HCI owns all proprietary rights to P2Pme. HCI gives you a personal, limited, revocable, non-assignable, and non-exclusive license to use P2Pme.  All HCI proprietary source code, products, services and intellectual property remain the sole property of HCI at all times, and limitations of liability do not apply to breaches by you of intellectual property rights or provisions, or indemnification obligations.   You will not disassemble, decompile, or reverse engineer any  P2Pme  system.

Should you decide to transmit to HCI, by any means or any media, any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree that such submissions are unrestricted and shall be deemed non-confidential and you automatically grant to HCI and its assigns an exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

8. Modification and Termination of P2Pme

HCI may modify, suspend or terminate P2Pme at its sole discretion, and may suspend or terminate your use of P2Pme if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If HCI or the Licensor terminates P2Pme or your use of P2Pme, this agreement will also terminate, but all terms and conditions related to the privacy of data and limits on liability will continue to be effective after termination.

9. Changes to this Agreement

HCI may change this Service Agreement unilaterally by posting new applicable terms and conditions. If we make such changes, you must either agree to the changes or stop using the Service.

10. Indemnification

You will hold harmless, indemnify, defend or settle any third-party claim against HCI and its subsidiaries, affiliates, and licensors, and their respective  officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, unauthorized use of a third party’s intellectual property or protected health information, or arising out of or related to your use of any HCI products, services or data.

11. Exclusion of Warranties

HCI, and its subsidiaries, affiliates, and licensors provide the service “as-is,” “with all faults” and “as available.”  We do not guarantee the accuracy, completeness, usefulness, or timeliness of information available from the service, nor the advice or information provided by HCI and its subsidiaries, affiliates, licensors, or any third party.  Neither HCI nor any of HCI’s licensors make any express warranties, and each of them disclaims to the fullest extent of the law all implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement.  Neither HCI nor any of HCI’s licensors make any warranty that the content in P2Pme satisfies government regulations requiring disclosure of information on prescription drug products.  Content of HCI is developed for use in the United States, and neither HCI nor any of HCI’s subsidiaries, affiliates, and licensors make any representation concerning the content when used in any other country.

12. Limitation of Liability

Neither HCI nor any of its subsidiaries, affiliates, and licensors may be held liable under this agreement for any damages other than direct damages, limited to $100, even if the party knows or should know that other damages are possible or that direct damages are not a satisfactory remedy.  You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages, unless you reside in a state that does not allow the exclusion or limitation of incidental or consequential damages. As such, the limitations in this section apply to you only to the extent they are lawful in your jurisdiction.  HCI assumes no liability for damage to your computer or other electronic devices which may occur as a result of using the software or website.

13.  Applicable Law; Venue.  This Agreement shall be governed, enforced, performed and construed in accordance with the laws of the State of Maryland, without reference to the principles of conflicts of law.  If any dispute or controversy arises among the parties to this Agreement, that dispute or controversy, the parties consent to the exclusive jurisdiction of, and the matter shall be submitted to, the Courts of Howard County Maryland.  The party which does not prevail in such proceedings shall pay the reasonable attorney’s fees and other costs and expenses, including expert witness fees, incurred by the prevailing party.