END USER LICENSE AGREEMENT
Please read the following END USER LICENSE AGREEMENT (the “EULA”) carefully before using the Healthmonix (“we,” “our,” or “us”) websites, located at www.healthmonix.com and www.mipspro.com, or participating in any online features, services and/or programs offered by us (collectively, the “Web Properties”). These EULA are in effect for all of our Web Properties.
These EULA are not applicable to any other web page operated and/or owned by any entity other than Healthmonix, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Web Properties. When visiting these third-party websites, you should refer to the EULA and conditions in effect for the applicable owner.
PLEASE READ THESE EULA CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH HEALTHMONIX REGARDING YOUR USE OF THE WEB PROPERTIES. BY ACCESSING OR USING THE WEB PROPERTIES, YOU AGREE TO BE BOUND BY THE EULA AND ALL ADDITIONAL EULA INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE EULA, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.
We will make an effort to update this web page with any changes to these EULA and you are encouraged to review these EULA frequently (the date of the most recent revision to these EULA appears at the end of these EULA).
CONVENIENCE AND INFORMATION ONLY. The Web Properties are provided to you as a convenience and for your information only. By merely providing access to the Web Properties, we do not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is accurate or complete.
WEB PROPERTIES USE AND CONTENT. Unless and until you are a subscriber and have purchased the applicable services offered by us through the Web Properties, you only may view, download, copy or print a single copy of any page from the Web Properties for personal, non-commercial purposes if you do not remove, modify, or alter any copyright and proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Web Properties without our express, prior, written consent. YOU MAY NOT USE ANY WEB PROPERTY FOR ANY COMMERCIAL USE. Any special rules for the software, audio files, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these EULA by reference.
If you are a subscriber and have purchased a service offered by us through the Web Properties, such use is subject to the EULA and conditions of such service to which you agreed to be bound by when purchasing.
We may make changes to the Web Properties, the Content, and/or the User Content described in these EULA at any time and without further notice to you. We will make an effort to update this web page with any changes to the EULA.
USER ACCOUNT, PASSWORD AND SECURITY. To the extent that a user account is created by you to access and use the Web Properties (“User Account”), the following shall apply:
(a) USER ACCOUNT. To access certain types of features, the Content and the User Content available through the Web Properties, we require the use of a username and password after setting up a User Account. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account for use on the Web Properties, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Web Properties (such information being the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password.
(d) ACCOUNT DEACTIVATION. We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you reside in or relocate to a country where use of a User Account is prohibited under applicable law; or (v) you act in a fraudulent or an inappropriate manner while using the User Account.
CENTERS FOR MEDICARE & MEDICAID SERVICES. In connection with your use of the Web Properties and the services provided to you by Healthmonix, you represent and warrant that you have the authority to provide the data to us and such provision of data is in made in accordance with applicable law, and you hereby agree that Healthmonix has the right to submit such data to the Centers for Medicare & Medicaid Services (“CMS”) on your behalf.
OBJECTIONABLE MATERIAL. You acknowledge that in using the Web Properties and accessing the Content and/or the User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we shall have no liability to you for material that may be disturbing, objectionable or offensive to you.
NOT INTENDED FOR CHILDREN. We do not collect Personal Information from any person that we know to be under the age of 13. Specifically, the Web Properties are not intended or designed to attract children under the age of 13. You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the EULA, conditions, obligations, affirmations, representations, and warranties set forth in these EULA, and to abide by and comply with these EULA. In any case, you affirm that you are over the age of 13, as THE WEB PROPERTIES ARE NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY THEIR PARENT OR LEGAL GUARDIAN.
PAYMENT AND REFUNDS
(a) PAYMENT. Payment for access to the system is required at the time of purchase, access with not be granted until payment is complete. Invoices issued by Healthmonix shall be paid within fifteen (15) days of the date of the invoice, unless otherwise agreed in writing by Healthmonix.
(b) REFUNDS. Healthmonix will refund your registration fee, minus a $25 per provider processing fee. Refunds must be requested within fourteen (14) days of purchase, and will be reviewed by management for approval. All requests must be submitted in writing to firstname.lastname@example.org . Requests submitted after the fourteen (14) day refund period will not be honored, additionally no refunds will be issued for purchases after 02/15/2018 for the 2017 MIPS performance year and 2/15/2019 for the 2018 MIPS performance year. Healthmonix reserves the right to deny any refund request at its discretion.
(a) NO WARRANTIES FOR CONTENT. The Web Properties are provided to you for your information only. We do not warrant or represent that: (i) the Content and/or the User Content is fair, accurate, or complete; (ii) the Content and/or the User Content is up-to-date or current; (iii) we have any obligation to update any Content; (iv) the Content and/or the User Content is free from technical inaccuracies or programming or typographical errors; (v) the Content and/or the User Content is free from changes caused by a third party; (vi) any information obtained in response to questions asked through the Web Properties is accurate or complete; and/or (vii) the Content and/or the User Content are non-infringing of any third party’s intellectual rights.
(b) NO WARRANTIES FOR WEB PROPERTIES. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, or other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, AND THE USER CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEB PROPERTIES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY CONTENT, USER CONTENT, PRODUCTS, OR SERVICES FOUND TO BE INADEQUATE.
(c) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Healthmonix and our directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these EULA; (ii) your breach of your obligations under these EULA; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) any claim that your User Content caused damage to a third party.
(d) YOUR RESPONSIBILITIES. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data transmitted hereunder (and we will have no obligation to verify the accuracy of such data). You acknowledge and agree that by providing the Web Properties hereunder, we are not rendering medical or other health care services, we are not engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in this Agreement. You also acknowledge that the information presented on the Web Properties is in no way intended as a substitute for professional medical advice, diagnosis or treatment. Never ignore, or fail to seek, professional medical advice because of something you have learned on the Web Properties.
(e) CMS DISCLAIMER. In connection with your entry of data into the Web Properties, you acknowledge and agree that there are no guarantees CMS will make any payments to you as a result of your submission of data through the Web Properties.
LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES AND/OR ANY CONTENT AND/OR USER CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES AND/OR ANY CONTENT AND/OR USER CONTENT ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING BUT NOT LIMITED TO LOST GOODWILL OR LOST PROFITS. WE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR GOODS OR SERVICES IN THE PRIOR SIX (6) MONTHS, IF ANYTHING. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES, THE CONTENT AND/OR THE USER CONTENT. REMEDIES UNDER THESE EULA ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE EULA. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. Although we do not presently do so, in the future we may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS MAY BE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER OUR CONTROL AND, JUST AS WITH THE WEB PROPERTIES, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED “AS IS.” THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL EULA AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL EULA, CONDITIONS AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEB PROPERTIES, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked or refers to the Web Properties. A third party website that links to the Web Properties: (a) may link or refer to, but not replicate, the Content and/or the User Content; (b) may not create a browser, border environment, or frame the Content and/or the User Content; (c) may not imply that we are endorsing it or its products or services; (d) may not misrepresent its relationship with us; (e) may not present false or misleading information about our products or services; and (f) should not include content that could be construed as distasteful, offensive, or controversial.
INTELLECTUAL PROPERTY. The Content of the Web Properties is intellectual property owned, controlled and/or licensed by All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or the User Content may be reproduced in any form or by any means, except as provided in Section 2 (Web Properties Use and Content) and elsewhere in these EULA.
We are the copyright owner or authorized licensee, or are otherwise permitted to use, of all trademarks, service marks, and logos used and displayed on the Web Properties. All trademarks and service marks of Healthmonix, or our subsidiaries or affiliates, that may be referred to on the Web Properties are the property of Healthmonix, or one of our subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Healthmonix’s, or our subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without our prior written permission. We aggressively enforce our intellectual property rights. Neither the name of Healthmonix, our subsidiaries or affiliates, nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Web Properties or otherwise, without our prior, written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 10 (Third Party Content and Third Party Applications) above may use the names “Healthmonix” or the title of any Content in or as part of that link.
USER CONTENT. The Web Properties does, or may in the future, permit the submission of various forms of content submitted by you and other users, such as materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT. TO PROTECT YOUR PRIVACY AND THE PRIVACY OF OTHERS, YOU AGREE THAT YOU WILL NOT PROVIDE ANY USER CONTENT THAT CONTAINS PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS NAME, PHONE NUMBER, EMAIL OR MAILING ADDRESS, SOCIAL SECURITY NUMBER, ETC.) BELONGING TO YOU OR ANYONE ELSE. UPLOADING IMAGES OR VIDEO OF OTHER PEOPLE WITHOUT THEIR PERMISSION IS STRICTLY PROHIBITED.
You shall be solely responsible for your User Content, and the consequences of posting or publishing it. You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize us and those other users of the Web Properties to publish, such User Content, all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content, and to enable inclusion and publication of the User Content on the Web Properties as we deem appropriate; and (b) to the extent applicable, you have the written consent, release, and/or permission of each identifiable individual person in the User Content to use the name or likeness of each such person to enable inclusion and publication of the User Content in the manner contemplated by the Web Properties and these EULA. By providing User Content to the Web Properties you hereby grant us a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, republish, and perform the User Content in connection with the Web Properties and Healthmonix’s (and our respective agents, affiliates’ and successors’) business including, but not limited to, publication of any portion or all of the User Content in an advertisement, a book, a magazine, a spoken word work, any other literary work, and/or any other audio-visual work, in any medium or format, anywhere in the world. You also hereby grant each authorized user of the Web Properties a worldwide, non-exclusive, royalty-free, irrevocable, and sublicenseable license to copy, modify, use, reproduce, distribute, publish, republish, and prepare derivative works of, display and perform your User Content as permitted under these EULA.
You acknowledge that we reserve the right to pre-screen User Content and that we shall have the right (but not the obligation) in our sole discretion to refuse, move, and/or remove any User Content that is available on or through the Web Properties. You also consent that all User Content that you post to the Web Properties will at all times be available to us. Without limiting the foregoing, we shall have the right to remove any User Content that violates these EULA or is otherwise objectionable, including reviews and ratings that portrays us or any third party in a negative light. You acknowledge and agree that you may not rely on any Content or User Content created by us or submitted to or appearing on the Web Properties.
You agree to not use the Web Properties to: (i) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, bullying, tortious, false, defamatory, vulgar, obscene, pornographic, sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, an official or an employee of Healthmonix; (iv) falsely state or otherwise misrepresent your affiliation with any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Properties; (vi) upload, post, email, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement); (vii) upload, post, email, transmit, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us and other users of the Web Properties all of the license rights granted herein; (viii) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation; (ix) upload, post, email, transmit, or otherwise make available 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; (x) interfere with or disrupt the Web Properties or any of the servers or networks connected to the Web Properties, or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Properties; (xi) intentionally or unintentionally violate any applicable local, state, national, or international law; (xii) stalk or otherwise harass another; or (xiii) collect or store personal data about other users.
You acknowledge and agree that, in addition to the other uses set forth in these EULA, we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these EULA; (c) respond to claims that any User Content violates the rights of any third parties; or (d) protect the rights, property, or personal safety of Healthmonix, our users, and/or the public. You further acknowledge and agree that each person that has access to your User Content may have less restrictions on his or her use of your User Content, and that you submit your User Content with the understanding that any claim you have with respect to such use by others shall be between you and such other person, and shall not include us.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with User Content. We do not knowingly permit copyright infringing activities and infringement of intellectual property rights on the Web Properties, and we will remove all Content and User Content if properly notified that such Content or User Content infringes or may infringe on another’s intellectual property rights. We reserve the right to remove Content and User Content without prior notice. Without limiting our right to cause the termination of a User Account for any or no reason, we will also cause the termination of a User Account if a user is determined to be a repeat infringer. A repeat infringer is a user of the Web Properties who has been notified of infringing activity more than twice and/or has had User Content removed from the Web Properties more than twice. We also reserve the right to decide whether User Content is appropriate and complies with these EULA for violations other than violations of intellectual property law, such as, but not limited to, obscene or defamatory material. We may remove such User Content and/or cause the termination of a User Account for uploading such material in violation of these EULA at any time, without prior notice and at our sole discretion. You acknowledge and agree that we may disclose your identity in connection with any claim of an intellectual property violation.
- •identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Web Properties;
- •identification of the supposedly infringing material that is to be removed;
- •information reasonably sufficient to permit us to locate the material on the Web Properties;
- •contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
- •a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
- •a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
- •the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
- •identification of the supposedly infringing material that is to be removed;
- •a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- •your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
- •the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content in ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to the Healthmonix Copyright Agent at email@example.com or by certified mail and marked “Copyright Infringement” to Healthmonix,101 Lindenwood Drive, Suite 430, Malvern, Pennsylvania, 19355, Attn: DMCA AGENT
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
TERMINATION OF SERVICE. We may terminate your right to access secured portions of the Web Properties at any time, without notice, for conduct that we believe violates these EULA and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.
ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these EULA may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the Commonwealth of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the Commonwealth of Pennsylvania, with respect to such matters.
LOCAL LAWS. We make no representation that Content or materials on the Web Properties are appropriate or available for use in jurisdictions outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violation of law. You may not use or export the Content or materials on the Web Properties in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Your Consent To This Agreement
By accessing and using the Web Properties, you consent to and agree to be bound by the foregoing EULA. If we decide to change these EULA or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the EULA and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these EULA will signify your assent to and acceptance of its revised EULA for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
72 Swedesford Road Suite #110
Malvern, Pennsylvania, 19355
Attn: Customer Care – Web Properties
Copyright © 2018. Healthmonix. All Rights Reserved.
Effective as of: January 25, 2017
Last updated: March 22, 2018