1. Introduction. Welcome to the MyHealthExperience Internet Web site (this "Site") provided by Health World Web, LLC. ("we" or "My Health Experience" or "MyHealthExperience.com"). MyHealthExperience is web based interactive service for healthcare consumers, businesses, insurers, healthcare providers and hospitals. We provide tools to review, measure and rate healthcare services based on data and information obtained from a variety of sources. By accessing, using or browsing MyHealthExperience.com web site or any site materials you are agreeing to comply with and be bound by the following terms of use. Please, review the following items carefully.

2. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement provides you with a personal, revocable, nonexclusive, non-transferable license to use the Site, conditioned on your continued compliance with the terms and conditions of this Agreement This Agreement constitutes the entire and only agreement between Health World Web and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products an/or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by Health World Web from time to time without specific notice to you. The latest Agreement posted on the Site, and you should review this Agreement prior to using the Site.

3. No Medical Advice Disclaimer. The Content of MyHealthExperience.com web site is provided for informational and comparative purposes only. The Content is designed to help you become a more informed consumer of health care. We provide comparison data based on the criteria that you select. We do not provide specific medical advice or create any kind of physician-patient relationship. We intend to provide the user access to relevant information on specific healthcare providers for informational comparative purposes only. Our goal is to help you identify hospitals, physicians, nursing homes and other health care providers that can help you manage, understand and practice a healthy life style. The Content is not intended in any way to be a substitute for professional medical advice. You should always seek the advice of a trained physician or other qualified health care provider with any questions you may have regarding any medical condition. We want to make clear that neither the Content nor any other service offered by or through MyHealthExperience.com is intended to be relied on for medical diagnosis or treatment of any kind whatsoever. MyHealthExperience.com is not a medical referral service, and does not recommend or endorse any particular Health Care Provider or medical service of any kind. HEALTH WORLD WEB EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN AS A REFERENCE SOURCE, AND FOR ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY HEALTH CARE PROVIDER FEATURED ON THE SITE.

4. Copyright and Intellectual Property Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. . The Site Materials and the databases ("Databases") are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by terms of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. Some of the content on the Site is the copyrighted work of third parties. By posting of information, comments, blogs, or other materials on the Site you agree to release all the rights to such materials to Health World Web. Unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. Please be aware that Health World Web actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

5. Permission to Use Your Submissions. By transmitting or posting any information, comments, blogs, suggestions, material, or other content (collectively, "content") to MyHealthExperience, you automatically grant MyHealthExperience the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, MyHealthExperience is free to use any ideas, concepts, know-how, techniques, and suggestions (collectively, "information") contained in any communications you send to this Site for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.

6. User Account and Password Protection If you wish to access certain areas of this Site or the Site Materials available on or through certain areas of this Site, you must choose and register user name and password during your completion of this Site's registration process. By registering, you represent, warrant and covenant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. By logging onto this Site using any user name and password, you represent, warrant and covenant that you are authorized to use such user name and password and to engage in the activities that you conduct thereunder. You agree to be solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using your password. If you wish to cancel your user name and password, or if you become aware of any loss, theft or unauthorized use of your user account, please notify us immediately. We reserve the right to delete or change any user account at any time and for any reason.

7. Member Conduct You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. MyHealthExperience.com does not control content posted on this Site and, as such, does not guarantee the validity of such content. You also understand that by using this Site, you may be exposed to content that is offensive, indecent or objectionable. Should content be found or reported to be in violation with, but not limited to, the following terms, it will be MyHealthExperience.com sole discretion as to what action should be taken. You agree to NOT use this Site to:

  • A. Upload, post or otherwise transmit any content that is in MyHealthExperience.com's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, e-mail, phone number, or any other contact information without the written consent of the owner of such information), hateful, racially, ethnically or otherwise objectionable;
  • B. Harm minors in any way, as forbidden by MyHealthExperience.com or applicable law;
  • C. Provoke any sort of violence towards one, or many of a certain group on the account of race, religion or nationality;
  • D. Impersonate any person or entity, including, but not limited to a MyHealthExperience.com staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • E. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Site;
  • F. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • G. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • H. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • I. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • J. Interfere with and/or disrupt this Site and servers or networks connected to the Service, and/or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • K. "Stalk" or otherwise harass another person or company;
  • L. Collect or store personal data about other users for business purposes;
  • M. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
  • N. Use MyHealthExperience.com as a forwarding service to another website;
  • O. Spam users, post commercial ads without MyHealthExperience.com consent;
  • P. Allow usage by others in such a way as to violate this Agreement; If any user is reported to be in violation with the letter and/or spirit of these terms, MyHealthExperience.com retains the right to terminate such account at any time without further warning.
  • R. Compile mailing lists or other lists of Healthcare Providers for commercial purposes.
  • S. Establish independent data files or compendiums of statistical information.
  • T. Use any of the Databases or the information contained therein for any purposes other than your personal, non-commercial evaluation of Heath Care Providers.

8. Term and Termination This Agreement will take effect at the time you click "I Agree" and begin using this Site. You agree that MyHealthExperience.com, in its sole discretion, may terminate your account , and remove and discard any content within this Site, for any reason, including and without limitation, the lack of use, or if MyHealthExperience.com believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. MyHealthExperience.com may also in its sole discretion and at any time, discontinue providing its services, with or without notice. You agree that any termination of your access to this Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that MyHealthExperience.com may immediately deactivate or delete your MyHealthExperience.com account and all related information. MyHealthExperience.com reserves the right to bar any further access to such files or the Site. You agree that MyHealthExperience.com shall not be liable to you or any third-party for any termination of your access to this Site.

9. Privacy Policy We consider the protection of our users' personal data to be important. Therefore, we have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use personal information from users of this Site. Any changes to the Privacy Policy will be posted on this Site, and you should periodically consult this Site to stay apprised of any such changes.

10. Links to Other Sites This Site may contain links to other sites on the World Wide Web for the convenience of our users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.

11. Third Party Content Some of the Site Materials, including, but not limited to, healthcare information, product reviews, news, data, research, analysis and opinions, are provided by Independent Information Providers (IIPs). As a general matter, we believe that the IIPs obtain such information, materials and other content from sources that they deem to be reliable. However, we make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs.

12. Advertisers on this Site. MyHealthExperience.com, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or dealings with advertisers found on this Site are solely between you and such advertiser. You agree that MyHealthExperience.com shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, MyHealthExperience.com shall not be responsible or liable for the statements or conduct of any third party on this Site, including but not limited to advertisers.

13. LIMITATION OF LIABILITY AND WARRANTY. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER HEALTH WORLD WEB NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. HEALTH WORLD WEB EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING SEPARATE AGREEMENTS YOU MAY MAKE WITH THIRD PARTY HEALTH CARE PROVIDERS AND THIRD PARTY VENDORS, AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTY HEALTH CARE PROVIDERS AND THIRD PARTY VENDORS FOR ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR THE MEDICAL CARE PROVIDED BY SUCH PARTIES. THE HEALTH WORLD WEB SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HEALTH WORLD WEB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT USING THE DATABASES OR THE SITE WILL ASSIST YOU IN ANY WAY, WHETHER TO LOCATE A SUITABLE HEALTH CARE PROVIDER OR FOR ANY OTHER PURPOSE. HEALTH WORLD WEB DOES NOT WARRANT OR REPRESENT THAT (A) THE SITE CONTAINS ALL RELEVANT DATA, OR (B) THE INFORMATION ON THE SITE OR IN THE DATABASES IS ACCURATE AND COMPLETE. NEITHER HEALTH WORLD WEB NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF HEALTH WORLD WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF HEALTH WORLD WEB (AND THE PARTIES REFERENCED ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM ARISING DIRECTLY OR INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 13 WILL APPLY TO YOUR USE OF THE SITE, ALL CONTENT AND INFORMATION CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.

14. Indemnity. You agree to defend, indemnify, and hold harmless MyHealthExperience.com and its affiliates and all of their respective employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on information obtained at the Site, any products or services obtained through the Site, and any breach by you of this Agreement.

15. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct and acceptable content of the country in which you reside. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

16. Governing Law and Selection of Venue Health World Web, LLC. is a corporation organized in and under the laws of the State of Florida, USA. You agree that User Agreement is made in, and will be construed and enforced in accordance with Florida law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Florida. You agree that any action arising out of the content of this Site, your use of the Site Materials, or any action to enforce this User Agreement will be brought only in the federal or state courts presiding in Jacksonville, Florida, U.S.A., and you expressly agree to be subject to the jurisdiction of such courts. Use of this Site is limited solely to persons who agree to resolve any and all disputes pertaining to this Site in the federal and state courts of Florida, and such an agreement is an express condition to use of this Site. This Site is controlled and operated by Health World Web from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Those who choose to access this Site or the Site Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.

17. Anti Kickback Notice You will not use this Site, in violation of any laws including without limitation, those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws. Any advertisement, links with other web sites, co-hosts or references to third parties are not endorsements of such third parties' products or services and are not intended to result in any referrals or compensation to you or Health World Web.

18. Miscellaneous. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. No joint venture, partnership, employment, or agency relationship exists between you and Health World Web as a result of this Agreement or your use of this Site. Any rights not expressly granted herein are reserved. This Agreement constitutes the entire agreement between you and Health World Web with respect to your use of the Site, and shall supersede any and all prior understandings or agreements between the parties, whether written or oral. You represent that you have read this Agreement, understand its terms, and agree and intend to be legally bound by it. You acknowledge that, in providing you access to and use of the Site, Health World Web has relied on your agreement to be bound by the terms of this Agreement.

 

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