Acceptance of Terms.
We are based in the State of New York in the United States. We provide these Services and Sites for use only by persons located in the United States. We make no claims that the Services or Sites or any of their content is accessible or appropriate outside of the United States. Access to the Services or Sites may not be legal by certain persons or in certain countries. If you access the Services and/or Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Your Representations and Warranties.
Consent to Communications.
When you use the Sites or Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. By providing us with your phone number, you are agreeing to be contacted by us at the number you have provided, including calls and text messages, to receive informational, Services related and marketing communications relating to the Sites and the Services. You can opt-out of receiving further calls and text messages by emailing us at email@example.com. Please note that by withdrawing your consent, some Site features and certain Services may no longer be available to you.
Ownership and Copyright.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that content appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content posted on the Sites infringes your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the content be removed, or access to it blocked. The notice must include the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Sites; Your name, address, telephone number, and email address (if available); A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to the contact information listed below. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Accuracy of Information and Functionality.
Although we attempt to ensure the integrity and accuracy of the Services descriptions, the Materials, and other content on the Sites, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Sites, the Services descriptions, the Materials, and other content on the Sites. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Sites by third parties. Materials contained on the Sites may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Sites from any third party not affiliated with us. We may at our discretion withdraw, suspend, or discontinue any functionality or feature of the Sites or the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Sites in accordance with our internal record retention and/or destruction policies. We may update the Services and content on the Sites from time to time, but such updates and content are not necessarily complete or up-to-date. Any of the material on the Sites or part of the Services may be out of date at any given time, and we are under no obligation to update such material.
Links to Other Websites.
The Sites may allow connectivity (e.g., via links or references) through websites, platforms, and applications maintained by third parties, including forms of social media such as Facebook and Twitter, over whom we have no control. Any content you provide through those third party websites are subject to terms and conditions of those websites. Inclusion of any link to such third party websites does not imply an endorsement or recommendation by us. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk. We may disable all or any social media features and any links at any time without notice in our discretion.
Disclaimer of Warranties.
Disclaimer of Warranties with Respect to Medical Records, Patient Information, and Data.
WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE CONTENT OF ANY CARE PLAN, RECORD OR OTHER TREATMENT-RELATED INFORMATION PROVIDED THROUGH OUR SERVICES. ALL SUCH INFORMATION IS PROVIDED BY A PATIENT’S HEALTHCARE PROVIDER AND/OR INSURANCE COMPANY. THESE PARTIES ARE INDEPENDENT HEALTH CARE ENTITIES OR PROFESSIONALS RESPONSIBLE FOR PROVIDING US WITH PATIENT RECORDS AND OTHER INFORMATION. YOU AND YOUR HEALTHCARE INSURER/HEALTHCARE PROVIDER ARE SOLELY RESPONSIBLE FOR ALL INFORMATION ACCESIBLE THROUGH THE SITES OR SERVICES THAT WE PROVIDE. WE DO NOT GUARANTEE THAT ANY PRESCRIPTIONS, CARE PLANS, OR THE LIKE ARE THE APPROPRIATE COURSE OF TREATMENT FOR A PATIENT’S PARTICULAR HEALTH CONDITION. FURTHER, OUR SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR A PATIENT’S PRIMARY CARE PROVIDER OR ANY OTHER MEDICAL PROFESSIONAL. YOU AGREE TO CONTACT YOUR PHYSICIAN OR OTHER PRIMARY CARE PROVIDER IMMEDIATELY SHOULD ANY CONDITION CHANGE OR SYMPTOMS WORSEN AT ANY POINT. IF SOMEONE REQUIRES EMERGENCY OR URGENT CARE, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY, BY DIALING “911” OR GO TO THE CLOSEST EMERGENCY ROOM. THE INFORMATION AND SERVICES PROVIDED THROUGH THE SERVICES ON OUR SITES ARE INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC TREATMENT PLAN, PRODUCT, OR COURSE OF ACTION. THE INFORMATION ON OUR SITES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. MEDICAL INFORMATION CHANGES RAPIDLY. ALTHOUGH WE MAY UPDATE THE SITES, SOME OF THE INFORMATION MAY BE OUTDATED OR CONTAIN OTHER ERRORS WHEN ACCESSED BY YOU. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY ADVICE, OPINION, OR STATEMENT DISPLAYED ON THE SITES. YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE INFORMATION PROVIDED BY OUR SERVICES SHOULD NOT BE RELIED UPON FOR SPECIFIC MEDICAL ADVICE FOR ANY PERSON. NEITHER HELPFUL, INC., NOR ANY OF OUR REPRESENTATIVES OR AGENTS ASSUME ANY RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE SITES. YOU SHOULD ALWAYS SEEK THE ADVICE OF AN APPROPRIATE PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR IF YOU HAVE ANY QUESTIONS REGARDING PARTICULAR MEDICAL CONDITION(S), PRESCRIPTIONS, LABORATORY RESULTS, OR ANY HEALTH CARE SERVICES THAT HAVE BEEN OR MAY BE PROVIDED TO YOU OR A PATIENT TO WHOM YOU ARE A CAREGIVER.
Limitation of Liability Regarding Use of the Sites.
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITES OR THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITES OR THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (e) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR WITH RESPECT TO THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
No Third Party Rights.
The Sites and/or the Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Sites or the Services to, or make the Sites or the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Sites or the Services available outside the US. Nothing herein shall be construed as to grant any rights to you for the exporting, re-exporting, or releasing of the Sites or the Services to any parties.
Dispute Resolution; Arbitration.
Limitation on Time to File Claims.
Termination, Modification, and Other General Terms.
How to Contact Us:
1770 Massachusetts Avenue
Cambridge, MA 02140
Attention: Helpful Customer Service