General Notes
Welcome to www.healthmonitornetwork.com, operated by Data Centrum Communications, Inc. d/b/a Health Monitor Network (“us,” “our,” “ours,” or “HM”). You are a user (“you,” “your,” “yours,” or “user”) granted access to the electronic systems and internet sites of HM through which we offer and provide the services described below (the “Platform”). Please review these TERMS & CONDITIONS (the “TERMS & CONDITIONS”) which you must agree to for access to the Platform. If you are unwilling to abide by these TERMS & CONDITIONS, please immediately discontinue your use of the Platform and contact us via the Contact link included in the Contact section below.
Eligibility
Access to certain aspects of the Platform is available only to individuals who receive an invitation from HM or from a source authorized by HM to extend invitations. HM reserves the right, in its sole discretion, to determine who may receive an invitation, to decline to extend an invitation to any person, and to revoke an outstanding invitation at any time before it is accepted.
By registering for and using the Platform, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity to enter into these TERMS & CONDITIONS; (c) you were invited to use the Platform by HM or an authorized source and have not obtained or attempted to obtain access through any other means; and (d) all registration information you provide is accurate, current, and complete. HM reserves the right to suspend or terminate your registration and access to the Platform if it determines, in its sole discretion, that any of these representations is inaccurate.
The Platform is intended for use by adults for their own personal, non-commercial purposes. The Platform is not directed to, and HM does not knowingly permit registration by, individuals under the age of eighteen (18).
Registration and Account Security
To access the Platform, you must complete registration using your invitation and create an account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You may not share your invitation with, or transfer your account to, any other person, and each account is intended for use by a single individual.
You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and you are responsible for all activity that occurs under your account, whether or not authorized by you. You agree to notify us promptly via the Contact link included in the Contact section below if you become aware of any unauthorized access to or use of your account. HM is not responsible for any loss or damage arising from your failure to safeguard your account credentials.
User Content
The Platform allows users to submit, post, upload, or otherwise make available content, including without limitation photographs, images, text, comments, and other materials (“User Content”). You are solely responsible for any User Content you submit and for the consequences of submitting it.
License to User Content
By submitting User Content to the Platform, you grant HM a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, display, and distribute such User Content in connection with operating, providing, promoting, and improving the Platform, in any media now known or later developed. This license continues for as long as the User Content remains on the Platform and, to the extent reasonably necessary to comply with law, back up data, or resolve disputes, for a reasonable period thereafter. You retain any ownership rights you have in your User Content, and this license does not affect those ownership rights.
Your Representations
By submitting User Content, you represent and warrant that: (a) you own the User Content or otherwise have the right to submit it and to grant the license above; (b) your User Content does not and will not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, or other rights; and (c) if your User Content depicts, identifies, or otherwise includes another person (including in a photograph), you have that person’s consent to submit the content and to have it used as described in this section.
Content Standards
You agree not to submit User Content that: (a) is unlawful, defamatory, harassing, threatening, abusive, or invasive of another person’s privacy; (b) is obscene, pornographic, or otherwise sexually explicit; (c) discloses another individual’s personal or health information without that individual’s consent; (d) infringes any intellectual property or other proprietary right of any person; (e) contains viruses or other harmful code; or (f) violates any applicable law or regulation.
Monitoring and Removal
HM does not pre-screen User Content but reserves the right, in its sole discretion, to review, monitor, refuse, remove, or disable access to any User Content, at any time and for any reason, without notice. HM has no obligation to store, maintain, or return any User Content, including following termination of your account. HM is not responsible for any User Content submitted by users, and the views expressed in User Content are those of the submitting user only.
Prohibited Conduct
In addition to the Content Standards above, you agree not to: (a) use the Platform for any unlawful purpose or in violation of these TERMS & CONDITIONS; (b) impersonate any person or entity, or misrepresent your affiliation with any person or entity; (c) attempt to gain unauthorized access to the Platform, other users’ accounts, or any systems or networks connected to the Platform; (d) interfere with or disrupt the operation of the Platform; (e) use any automated means, including bots or scrapers, to access or collect data from the Platform; or (f) harass, bully, or threaten other users.
Communications
HM may send you electronic communications, including account-related notices, newsletters, and other promotional or informational messages, in connection with your use of the Platform. You may opt out of promotional communications at any time by following the unsubscribe instructions included in each communication or by contacting us via the Contact link included in the Contact section below. HM will process opt-out requests in accordance with the CAN-SPAM Act and other applicable law. You may not opt out of non-promotional communications relating to your account or the operation of the Platform.
Disclaimer
No Warranties
ALL CONTENT ON THIS PLATFORM, INCLUDING USER CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS PLATFORM. USE OF THIS PLATFORM AND THE CONTENT AVAILABLE ON IT ARE AT YOUR SOLE RISK.
HM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR WITHOUT ERRORS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE PLATFORM IS FREE OF SOFTWARE VIRUSES.
Limitation of Liability
HM SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF HM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THIS PLATFORM, ANY USER CONTENT SUBMITTED BY OTHER USERS, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE PLATFORM OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PLATFORM, OR RELATED INFORMATION OR PROGRAMS.
Proprietary Rights
(a) Ownership. All content, design elements, software, and materials available on this Platform, including but not limited to text, graphics, logos, and compilations thereof (collectively, “Content”), excluding User Content, are owned or controlled by HM or its licensors and are protected by copyright, trademark, service mark, patent, trade secret, and other proprietary rights and laws. Except as expressly set forth in these TERMS & CONDITIONS, no license or right in the Content is granted to you, whether by implication, estoppel, or otherwise.
(b) Restrictions on Use. Except as expressly authorized by HM, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Systematic retrieval of data or other Content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without HM’s prior written permission is prohibited.
(c) Third-Party Content and Notice of Infringement. HM respects the intellectual property rights of others. If you believe any Content on this Platform, including User Content, infringes your copyright or other intellectual property rights, please provide written notice via the Contact link included in the Contact section below, including: (i) identification of the work claimed to be infringed; (ii) identification of the allegedly infringing material and its location on the site; (iii) your contact information; and (iv) a statement of your good-faith belief that the use is unauthorized. HM reserves the right to remove or disable access to any Content alleged to be infringing and to terminate the access of repeat infringers.
(d) Relation to Indemnification. Any breach of this Proprietary Rights section is subject to the indemnification obligations set forth in the Indemnification section below.
(e) Survival. The obligations set forth in this Proprietary Rights section survive termination of your access to the Platform.
Platform Links
The Platform may contain links to websites operated by other parties. The linked sites are not under the control of HM, and HM is not responsible for the content available on any other Internet sites linked to our Platform. Such links do not imply HM’s endorsement of material on any other site, and HM disclaims all liability with regard to your access to such linked websites. Access to any other Internet sites linked to this Platform is at your own risk.
Location
The Platform is operated by HM from its offices in the State of New Jersey, USA. HM makes no representation that the information on the Platform is appropriate or available for use in other locations. Access to the Platform from territories where its content may be illegal is prohibited. Those who choose to access the Platform from other locations do so upon their own initiative and are responsible for compliance with applicable local laws. These terms and any claims relating to the information available on this Platform shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules.
Subject to the Dispute Resolution section below, you and HM agree that any action not subject to arbitration shall be brought exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of such courts.
No Medical or Professional Advice
The content on the Platform is intended to be an information resource in regard to the subject matter covered, but is provided solely on an “AS IS” and “AS AVAILABLE” basis as noted above. HM is not engaged in rendering medical or similar professional services or advice, and the content on the Platform, including any User Content, is not intended to replace advice from a qualified physician or other healthcare professional. You should consult a physician or other qualified healthcare professional regarding any questions you may have about a medical condition or treatment, and you should not disregard or delay seeking professional medical advice because of anything you read on the Platform. You should not construe HM’s publication of any content as an endorsement by HM of the views expressed, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application described in such content.
Modifications
HM reserves the right to modify this Platform and the rules and regulations governing its use, at any time. Modifications will be posted on the Platform, and users are deemed to be apprised of and bound by any changes to the Platform, including these TERMS & CONDITIONS. We encourage you to visit this page regularly for any changes.
Violations
HM reserves the right to seek all remedies available at law and in equity for violations of these TERMS & CONDITIONS, including, but without limitation, the right to block access from a particular Internet address to the Platform and to suspend or terminate a user’s account.
Indemnification
You agree to defend, indemnify, and hold harmless HM, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your access to or use of the Platform; (ii) your User Content; (iii) your violation of these TERMS & CONDITIONS; (iv) your violation of any applicable law or regulation; or (v) your infringement or misappropriation of any intellectual property or other right of any third party. HM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with HM’s defense of such claim.
Termination
HM may suspend or terminate your registration and access to the Platform at any time, with or without cause or notice, including for any actual or suspected violation of these TERMS & CONDITIONS. Upon termination, your right to access the Platform will immediately cease. Any provision of these TERMS & CONDITIONS that by its nature should survive termination, including but not limited to the Proprietary Rights, User Content, Indemnification, Limitation of Liability, and Dispute Resolution sections, shall survive.
Dispute Resolution; Class Action Waiver
Claims Against Us
Step 1: User Dispute Process
If you have a dispute with or claim against us, you must give us an opportunity to resolve your claim informally by sending a written description of your claim via the Contact link included in the Contact section below. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.
Step 2: Court Proceedings; Jury Trial Waiver
Court proceedings must be brought in the state or federal courts located in New Jersey, but not outside of the United States.
YOU AND HM EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. Any dispute relating to the interpretation, applicability, or enforceability of this waiver shall be resolved exclusively by a court of competent jurisdiction as set forth in this section, and if any part of this waiver is found unenforceable, it shall be severed, with the remainder of this provision remaining in full force and effect.
Injunctive Relief
You and we acknowledge and agree that a breach by you of your responsibilities under these TERMS & CONDITIONS could cause us irreparable harm for which monetary damages would not be an adequate remedy. You and we agree that, in the event of such breach or threatened breach, we will be entitled to equitable relief, including, without limitation, a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. These remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Accessibility
HM is committed to providing a Platform that is accessible to all users. If you experience difficulty accessing any content or feature on this Platform, please contact us via the Contact link included in the Contact section below so that we may assist you.
General Provisions
These TERMS & CONDITIONS, together with the Privacy Policy, constitute the entire agreement between you and HM regarding your use of the Platform and supersede all prior or contemporaneous agreements or understandings, whether written or oral, regarding such subject matter. If any provision of these TERMS & CONDITIONS is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. HM’s failure to enforce any provision of these TERMS & CONDITIONS shall not be deemed a waiver of such provision or of any other provision. You may not assign or transfer these TERMS & CONDITIONS, or any of your rights or obligations hereunder, without HM’s prior written consent; HM may assign these TERMS & CONDITIONS without restriction.
Contact
Link: Contact
Phone: (800) 422-4112
Postal Address:
Health Monitor Network
11 Philips Parkway
Montvale, NJ 07046
