Terms of Use

Last modified 11/16/08

This Website (www.HealthplaceAmerica.com or www.hpam.com ) is owned and maintained by Healthplace America, Inc. Your use of this Website constitutes your acceptance and agreement to all terms, conditions and notices contained herein. If you do not agree to the terms and conditions of use, you may not access or otherwise use this Website.

Use of Material

Your use of this Website or of any content presented indicates your acknowledgment and agreement to these Terms and Conditions of use, our Privacy Policy, and other posted notices. We may revise these Terms and Conditions from time to time, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Website as they are binding on you.

The contents of the Website are protected by copyright and unauthorized use may violate copyright, trademark, and other laws. You may, however make single copies of materials displayed on the Website for your own personal and noncommercial use, provided any copies include the copyright and other notices displayed with the materials on the Website.

You will not use this Website, 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 Websites, co-hosts or references to third parties are not intended to result in any referrals or compensation to you or Healthplace America.

Use of Information and Resources

Healthplace America makes this site available for providing general information on health-related issues and providing access to health-related resources. This site and its health-related information and resources are not intended to be a substitute for professional medical advice or for the care that patients receive from their physicians. Nothing in this site is intended to be used for medical diagnosis or treatment. Your questions regarding medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.

Links to Other Sites

From time to time we will provide links to other Website, not owned, controlled or reviewed by Healthplace America. We do this because we think this information might be of interest or use to you or where, as a participant, we can provide you with value added services. We cannot be responsible for the privacy practices of other sites. A link to a non-Healthplace Website does not constitute or imply endorsement by us, but is for your reference and convenience only. Additionally, we cannot guarantee the quality or accuracy of information presented on non-Healthplace America Websites. We encourage you to review the privacy practices of any Website you visit.

Appropriateness of Content

This Website is not intended for use by children (children under the age of 13). You agree to be solely responsible for maintaining controls over the access to this Website by minors in your family, or limiting access to your computer or login to the extent necessary to restrict its use to adults.

Your Submissions

Generally, communications which you post to the Website are not confidential. If particular web pages permit the submission of communications which will be treated by Healthplace America as confidential, that fact will be stated on those pages. You are responsible for your own communications and the consequences of such posting.

We welcome your feedback on our products and services and this Website. By transmitting any suggestions, information, material, or other communications you automatically grant us all rights to ownership and use of its content. In posting these communications, you may not:

  • communicate material that is copyrighted, contains trade secrets, or infringes on the intellectual property, privacy or publicity rights of others, without permission of the owner;
  • communicate material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;
  • provide false information about yourself to us or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
  • communicate material that contains any viruses or any harmful or deceptive programs or elements or transmit unsolicited bulk e-mail; or
  • collect information about other visitors to the Website or systematically extract data or data fields.

Healthplace America does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by to the Website by visitors or persons other than our employees. Opinions or comments expressed by other users reflect the views of the author and not us. Any reliance on material posted by others is at your own risk.

Limitation of Warranty and Liability

HEALTHPLACE AMERICA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT COVERING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE INFORMATION CONTAINED WITHIN THE WEBSITE.

In no event shall Healthplace America be liable for any damages whatsoever (including, without limitation, health problems, special, indirect, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the (i) use or inability to use the Website, (ii) any unauthorized access to or use of our secure servers, (iii) any delays, errors, malfunctions, compatibility problems or breakdowns with respect to the Website and its content, whether based on warranty, contract, tort or any other legal theory and whether or not Healthplace America is advised of the possibility of such damages.

The descriptions of Healthplace America products and services contained in the Website are not offers to sell or solicitations for any product or service. The descriptions of products and services contained on the Website are offered as a convenience and do not contain all of the terms, conditions, limitations and exclusions that may be applicable.

Indemnification by User

You agree to indemnify, defend and hold Healthplace America and its affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal and accounting fees) asserted by any third party relating in any way to your use of this Website or breach of these Terms and Conditions. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Corrections and Changes

While we endeavor to keep the materials on the Website up to date, we cannot assume responsibility for any inaccuracies or typographical errors. Healthplace America makes no makes no representations about the accuracy, reliability, completeness, or timeliness of the material. The use of the Website and the material is at your own risk. Changes are periodically made to the Website and may be made at any time. We may terminate or limit your access or usage or modify or discontinue the Website and the material at any time without notice.

Copyrights and Trademarks

We retain full copyright ownership, rights and protection in all material contained on the Website (including all software, code, or business methods). All content of the Website is Copyright© 2008 Healthplace America. All rights reserved.

Healthplace America®, Surgery Benefit Management Solutions® and Healthplace Surgery Benefit™ are registered trademarks, and Recovery Benefit is a trademark, of Healthplace America. The mention of such companies and product names is with due recognition and without intent to misappropriate such names or marks.

Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Chicago, Illinois, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. We make no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Website from other locations, you are responsible for compliance with applicable local laws.

Contact

If you have any questions or concerns about our Website or these Terms of Use, please feel free to contact us.

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