Terms of Use
Terms of Use
The HS Med Solutions website (“Site”) is owned and operated by HS Med Solutions, Inc. (“HS Med Solutions”). The Site is intended for use by physicians and all other individuals who wish to utilize the Site’s functionality (“You” or as the context provides “Your”).
These Terms of Use (“Terms”) establish the terms and conditions under which the HS Med Solutions Site is made available to You, governing Your access to and use of this Site. These Terms of Use constitute a binding agreement between HS Med Solutions and You. They shall remain effective until You discontinue Your use of this Site, subject to the survival provisions outlined herein. This Site is provided as a service to its visitors, including HS Med Solutions’ clients. You may need to register an account with HS Med Solutions to access certain features of the Site.
Privacy
The Privacy Policy of HS Med Solutions, available at Privacy Policy , applies to the use of this Site. By using the Site, You agree to be bound by the terms of the Privacy Policy, which is hereby incorporated into and made a part of these Terms of Use.
Access and Use
You agree to promptly notify HS Med Solutions of any unauthorized use of the Site or if the security or confidentiality of the Site has been compromised due to Your actions. You may be held liable for any losses suffered by HS Med Solutions or any other user of the Site that are in any way connected to Your violation of these Terms of Use. You are solely responsible for ensuring that all Your use of the Site complies with these Terms of Use.
Emergency Situations
The HS Med Solutions Site, including all content therein, should not be interpreted as a substitute for medical diagnosis or treatment from a professional healthcare provider. It should also not be considered a recommendation or endorsement of any physicians, drugs, products, or procedures. Your reliance on any information provided on the Site is at Your own risk. You are solely responsible for verifying the accuracy of any information transmitted or received through this Site.
The HS Med Solutions Site is not intended for use in emergency or urgent situations. In the event of such situations, You should immediately contact Your local emergency services.
Freedom of Choice
You acknowledge that Your use of the HS Med Solutions Site is voluntary, and You are aware that there are other practice management solutions available for use.
Proprietary Rights
The registered trademarks of HS Med Solutions may not be used without prior permission. Any third-party trademark(s) that appear on the Site are the property of their respective owner(s). All information contained in the HS Med Solutions Site, including, without limitation, design, animations, text, applets, illustrations, audio, data, images, music, photographs, video graphics, the selection and arrangement thereof, and software (the “Content”), are owned and/or controlled by HS Med Solutions and/or its affiliates, and protected by worldwide copyright, trademark, and other intellectual property laws.
Under no circumstances shall the name “HS Med Solutions” be used in any advertising or publicity without the express prior written permission of HS Med Solutions. All images used on this Site are owned or licensed by HS Med Solutions for use on this Site only. Unauthorized use is prohibited.
Links to Third-Party Sites
The HS Med Solutions Site may contain links to websites of third parties who may or may not be affiliated with HS Med Solutions (“Linked Sites”). HS Med Solutions does not own or control the Linked Sites and is not responsible for their content, links posted thereon, or any changes or updates to Linked Sites. HS Med Solutions is not bound by the terms and conditions, if any, of these Linked Sites, nor does it endorse the Linked Sites. Under no circumstances shall HS Med Solutions be liable for any direct or indirect damage resulting from Your visit or use of the Linked Site or its products and services.
Information Provided to the Site
HS Med Solutions acknowledges and agrees that the data or information compiled or passed through the Site, specifically relating to You, and all rights, title, and interest therein, are and shall remain Your exclusive property. However, subject to the Privacy Policy and other applicable laws and regulations, You agree to grant HS Med Solutions an irrevocable, perpetual license to use the data in a de-identified format for research and development purposes. You warrant and represent that the information You provide on the Site is up to date, complete, and accurate.
Prohibited Conduct
In addition to any conduct expressly prohibited throughout these Terms of Use, during Your access 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 this 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 local, state, national, or international laws;
- Engage in conduct that would harm minors in any way;
- Attempt to harm, interrupt, or destroy this Site or any computer software or hardware through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology;
- Use any device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way engage in the reproduction or alteration of the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any 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 of Use; or,
- Engage in actions that would 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 HS Med Solutions Site at any time, with or without cause and with or without notice.
Modifications to Terms of Use
HS Med Solutions reserves the right to change the Terms of Use governing the use of the HS Med Solutions Site at any time and will notify You by posting an updated version of the Terms of Use on the Site. It is Your responsibility to regularly review the Site to stay informed of any changes or modifications. Your continued use of the HS Med Solutions Site after any such changes shall constitute Your consent to those changes.
DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS:
As used below 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:
The Site, its content, and any information included on or provided through the Site are presented on an “as is” basis, without warranty of any kind, express or implied. HS Med Solutions disclaims all warranties and conditions, either express, implied, or statutory, including but not limited to any implied warranties or conditions of merchantability, accuracy, non-infringement of third parties’ rights, and fitness for a particular purpose.
Limitation of Liability and Exclusion of Damages:
Under no circumstances and under no legal theory shall HS Med Solutions or the third parties mentioned on the Site be liable to You or to any other person or entity for any damages whatsoever, including, without limitation, direct, indirect, special, incidental, consequential, exemplary, punitive, or other damages of any character whatsoever arising out of or in any way related to the use or inability to use the Site and/or its content, or otherwise under or in connection with any provision of these Terms of Use, whether in an action in breach of contract, warranty, negligence, strict liability, or tort or any other theory of liability, and even if HS Med Solutions has been advised of or is aware of the possibility of such damages. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Indemnity
You agree to defend, indemnify, and hold HS Med Solutions and our officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions, or demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of these Terms of Use.
Miscellaneous
The following sections shall survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimers, Exclusions, and Limitations; Indemnity; Prohibited Conduct; Proprietary Rights; and clauses relating to governing law and jurisdiction. These Terms of Use shall be governed, construed, and applied in all respects by the laws of the State of New York, without regard to any provision governing conflicts of law, and any dispute arising therefrom shall be brought before the federal or state courts located in the State of New York. If any provision of these Terms of Use is ruled by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms of Use, with all remaining provisions remaining in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement between You and HS Med Solutions with regard to Your access and use of the Site. No counter-offers to these Terms of Use shall be accepted by HS Med Solutions, and HS Med Solutions rejects all such counter-offers. HS Med Solutions’ failure or delay to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or any right that HS Med Solutions has to enforce these Terms of Use. These Terms of Use do not confer any rights or remedies on any third parties.
