Terms of Use

Terms of Use

HS Med Solutions, Inc. ("HS Med Solutions," "we," "us," or "our") owns and operates the HS Med Solutions website (the "Site"). The Site is for physicians and anyone else who wants to use its functionality ("you" or "your").

These Terms of Use ("Terms") set the conditions for using the Site. They form a binding agreement between you and HS Med Solutions and stay in effect until you stop using the Site. A few provisions survive even after that, though — see Miscellaneous below. We provide the Site as a service to our visitors, including our clients, and some features may require you to register an account.

Privacy

Our Privacy Policy applies to your use of the Site, and these Terms incorporate it by reference. By using the Site, you agree to follow it.

Access and Use

You agree to promptly notify HS Med Solutions of any unauthorized use of the Site, or any breach of security or confidentiality. If you violate these Terms, you may be liable for losses that HS Med Solutions or another user suffers as a result. In short, you're solely responsible for making sure your use of the Site complies with these Terms.

Emergency Situations

Don't treat the HS Med Solutions Site, including its content, as a substitute for medical diagnosis or treatment from a professional healthcare provider. It's not a recommendation or endorsement of any physician, drug, product, or procedure, either. You rely on the Site's information at your own risk, and you're solely responsible for verifying anything you send or receive through it.

Don't use the Site for emergency or urgent situations. If you're experiencing one, contact your local emergency services immediately.

Freedom of Choice

Using the Site is voluntary, and you acknowledge that other practice-management solutions exist.

Proprietary Rights

You may not use HS Med Solutions' registered trademarks without our prior written permission. Any third-party trademarks that appear on the Site remain the property of their respective owners.

HS Med Solutions and/or its affiliates own or license all information on the Site — including, without limitation, animations, text, applets, illustrations, audio, data, images, music, photographs, video graphics, the selection and arrangement of that material, and software (the "Content"). Worldwide copyright, trademark, and other intellectual property law protects that Content.

You may not use the name "HS Med Solutions" in any advertising or publicity without our express prior written permission. HS Med Solutions owns or licenses all images on the Site for use on this Site only, and we prohibit unauthorized use.

Links to Third-Party Sites

The Site may contain links to websites that third parties operate ("Linked Sites"), and those parties may or may not be affiliated with HS Med Solutions. We don't own or control Linked Sites, and we aren't responsible for their content or for any changes or updates to them. We also aren't bound by any Linked Site's terms and conditions, and we don't endorse them. Under no circumstances is HS Med Solutions liable for direct or indirect damage that results from your visit to a Linked Site or its products and services.

Information You Provide to the Site

HS Med Solutions acknowledges that any data or information you compile or pass through the Site remains your exclusive property. However, subject to our Privacy Policy and applicable laws, you grant HS Med Solutions an irrevocable, perpetual license to use that data in de-identified form for research and development. You also warrant that the information you provide through the Site is up to date, complete, and accurate.

Prohibited Conduct

In addition to any conduct expressly prohibited elsewhere in these Terms, during your access to and use of the Site you agree that you will not:

• Post or transmit sexually explicit, vulgar, or unlawful content, or content that would defame, threaten, harass, abuse, slander, or embarrass any individual or any user of the Site;
• Infringe the intellectual property rights, trade secrets, right to privacy, right to publicity, or any other rights of HS Med Solutions or any third party;
• Violate any local, state, national, or international law;
• Engage in conduct that would harm minors in any way;
• Attempt to harm, interrupt, or destroy the Site or any related software or hardware, using cancel bots, denial-of-service attacks, flood pings, forged routing or email information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods;
• Use any device, program, algorithm, methodology, or equivalent manual process to access, acquire, copy, or monitor any portion of the Site or its Content; or reproduce or alter its navigational structure or presentation to obtain, or attempt to obtain, confidential information;
• Violate the privacy rights of other users;
• Impersonate any other person or entity;
• Advertise or solicit business;
• Engage in manipulation or forgery that would disguise the origin of any Content on the Site;
• Collect, harvest, trace, or reverse information about other users or visitors to the Site without their express consent;
• Assist any third party in engaging in any activity that would violate these Terms; or
• Place an unreasonable or disproportionate load on the infrastructure of the Site, HS Med Solutions' systems or networks, or any systems or networks connected to the Site or HS Med Solutions.

Termination

HS Med Solutions reserves the right to terminate your access to any part or all of the Site at any time, with or without cause and with or without notice.

Modifications to These Terms

We reserve the right to change these Terms at any time, and we'll notify you by posting an updated version on the Site. Even so, it's your responsibility to check back regularly. If you keep using the Site after we make changes, that counts as your acceptance of them.

Disclaimers, Exclusions & Limitations

As used in this section, "HS Med Solutions" refers to its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers, and suppliers.

Disclaimer of Warranties

We provide the Site, its content, and any information on it "as is," without warranty of any kind, express or implied. That includes, without limitation, implied warranties or conditions of merchantability, accuracy, non-infringement of third-party rights, or fitness for a particular purpose.

Limitation of Liability and Exclusion of Damages

HS Med Solutions and any third party mentioned on the Site aren't liable to you, or to anyone else, for any damages under any circumstances or legal theory. That includes, without limitation, direct, indirect, special, incidental, consequential, exemplary, punitive, or any other type of damages. It also includes damages related to your use of, or inability to use, the Site or its content, or arising under or in connection with any provision of these Terms — whether the claim is for breach of contract, warranty, negligence, strict liability, tort, or any other theory. This applies even if HS Med Solutions was advised of, or otherwise aware of, the possibility of such damages, and it applies to the maximum extent the law allows.

Indemnity

You agree to defend, indemnify, and hold HS Med Solutions — along with our officers, directors, employees, agents, licensors, and suppliers — harmless against any claims, actions, or demands arising from or related to your violation of these Terms. That includes reasonable legal and accounting fees, without limitation.

Miscellaneous

The following sections survive the expiration or termination of these Terms for any reason: Disclaimers, Exclusions & Limitations; Indemnity; Prohibited Conduct; Proprietary Rights; and any provisions relating to governing law and jurisdiction.

The laws of the State of New York govern these Terms and how we construe them, without regard to conflict-of-law provisions. Additionally, any dispute arising under these Terms goes before a state or federal court in New York.

If a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, we'll limit or eliminate that provision to the minimum extent necessary, and the remaining provisions stay in full force and effect. Together, these Terms and our Privacy Policy make up the entire agreement between you and HS Med Solutions regarding your access to and use of the Site. If HS Med Solutions doesn't insist on or enforce strict performance of any provision, that doesn't waive that provision or any right. Finally, these Terms don't confer any rights or remedies on any third party.