Terms of Use

These Terms of Use have been updated. Click here for a note regarding these changes.

What is this document?

This Terms of Use (or "TOU") is an agreement between you and HealthTap, Inc. ("HealthTap"). There are rules you agree to follow when using our mobile applications and website(s) (the "Apps"), including when you ask questions and when you view or input content on or into the Apps. The HealthTap Privacy Statement is officially part of these TOU even though it's a separate document. Additional terms govern your use of HealthTap Prime and HealthTap Concierge.

Why should I read it?

When you sign up for HealthTap you verify that you've read and agree to our Terms of Use when using the Apps.

Definitions

To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:

"HealthTap" or the "Apps" means https://www.healthtap.com and related web sites and HealthTap's mobile applications, including HealthTap, HealthTap for Doctors, Talk to Docs (other terms apply), HealthTap Prime (other terms apply), HealthTap Concierge (other terms apply) and any other Apps we release.
"Company," "we," "us," or "our" means HealthTap Inc., a Delaware corporation, and any other companies that are subsidiaries and affiliates of HealthTap Inc. and professional corporations to which HealthTap provides administrative services, including, without limitation, HealthTap Medical Group, P.C., a California professional corporation, HealthTap Medical Group, P.C., a Colorado professional corporation, HealthTap Medical Group, P.C., a Massachusetts professional corporation, HealthTap Medical Group, P.C., a Michigan professional service corporation, and HealthTap Medical Group, P.C., a New Jersey professional service corporation. When used in the context of the company name, "HealthTap" may also refer to HealthTap Inc.
"Content" means text, graphics, images and any other material entered, processed, contained on or accessed through the Apps, including Content created, modified, validated or submitted by Medical Experts.
"Services"means services provided through the Apps.
"Premium Services" means paid services provided through the Apps (such as Concierge and Prime).
"Medical Expert"means an individual accepted to participate in the HealthTap Medical Expert Community and who participates on the Apps or interacts with others on orthrough the Apps, or other specialists or professionals who participate on HealthTap in their capacity as experts.

Introduction

HealthTap and HealthTap Premium Services

HealthTap and HealthTap Premium Services (Prime and Concierge) connect you with leading doctors, trusted health information, answers, and tips, and even virtual consultations, all designed to help you feel good and live a happier, healthier life. HealthTap and HealthTap Premium Services are different services available through the same Apps, and additional terms of use apply to HealthTap Premium Services.

HealthTap is not for medical care

On HealthTap no formal medical diagnosis, treatment, or prescriptions are allowed. ALL INFORMATION PROVIDED ON HEALTHTAP OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY HEALTHTAP, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH HEALTHTAP MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW; HEALTHTAP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY HEALTHTAP OR ANY HEALTHTAP MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK.

HealthTap Prime and Concierge may be used for limited medical care (as appropriate)

On HealthTap Prime and Concierge, as available and appropriate for virtual consults, diagnosis and prescriptions are available. HealthTap Prime and Concierge are not a substitute for: health insurance, a primary care doctor, or in-person health care interactions. You agree not to use HealthTap Prime as a substitute for health insurance or a primary care doctor or in- person doctor visits. You understand and agree that prescriptions on HealthTap prime are limited in type and duration, and you agree not to use HealthTap Prime to request prescriptions for any medications or for any duration not permitted via HealthTap Prime.

These Terms of Use are an Agreement

Generally, this agreement governs your use of the Apps. Other terms may apply to your use of a specific features or parts of our Apps. If there is a conflict between these TOU and terms posted for a specific feature or part, the latter terms apply to your use of that feature or part. These Terms of Use require the use of arbitration to resolve disputes and also limit the remedies available to you in the event of a dispute.

We May Update this Agreement

These Terms of Use may change. Because your use of HealthTap means you agree to these Terms of Use, if we revise and update these Terms of Use, your continued use of HealthTap will mean that you accept those changes. You choose whether or not you use HealthTap. If you do not agree to all of these Terms of Use, please do not use HealthTap.

What We Do and What We Don't Do (HealthTap)

We Do Support Your Health Decisions (HealthTap)

HealthTap is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor-patient relationship. Always use common sense when making health decisions. HealthTap cannot make decisions for you. We can help you find good health information and, where available and appropriate, connect with doctors for care via HealthTap Prime or HealthTap Concierge or for in-person care.

We Don't Practice Medicine (HealthTap)

On HealthTap you can ask and find informational questions and related educational answers by Medical Experts. HealthTap is not a place for the practice of medicine, but Medical Experts on HealthTap can be a resource for reliable, relevant general health information. We hope these services will be of value to you. Please use them responsibly.
On HealthTap Prime you can obtain care (if you are located in a state where this service is available). This TOU applies to HealthTap. Additional terms apply to HealthTap Prime, where care is available.

We Do Provide Access to Doctors for Care (HealthTap Prime and Concierge)

On HealthTap Prime and Concierge you can obtain care (if you are located in a state where such service is available). This TOU applies to HealthTap. Additional terms apply to HealthTap Prime and HealthTap Concierge.

We Don't Create Doctor-Patient Relationships (HealthTap)

The use of HealthTap does not create a doctor-patient relationship. HealthTap contains Content, and may help you identify services or may offer services. Everything on HealthTap, including Content accessed or Services provided through HealthTap, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.

We Do Support Doctor-Patient Relationships (HealthTap Prime and Concierge)

HealthTap Prime and HealthTap Concierge support doctor-patient relationships. HealthTap Concierge may be used where an ongoing doctor-patient relationship exists, and a temporary doctor-patient relationship is created by the use of HealthTap Prime.

We Aren't Your Doctor (HealthTap)

Whenever we use the words "your physician" or "your doctor" or "healthcare provider" or similar words on HealthTap, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the United States. Medical Experts on HealthTap are not "your" doctor, physician, or healthcare provider. When you participate in a Virtual Consult on HealthTap Prime, you understand and agree that Medical Experts on HealthTap Prime are not your Primary Care Physician and you agree not to use HealthTap Prime as a substitute for interactions with your Primary Care Physician. Where available to you, you may use HealthTap Concierge for Virtual Consults with your existing doctor(s).

We Don't Provide Personal Diagnosis, Treatment or Prescriptions (HealthTap)

Interactions on HealthTap do not constitute the practice of medicine and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use HealthTap or Content or Services to diagnose or treat a medical condition. Use HealthTap Prime or Concierge (where appropriate and permitted) or see your doctor in person if you are looking for a personal medial evaluation, diagnosis, or prescription.

We're Not For Use in Emergencies

Never use HealthTap or Content or Services (including HealthTap Premium Services) in a potential or actual medical emergency.

Remember...

Always consult your doctor

Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your physician or your healthcare provider, or before taking any drug or changing your diet.

Always...

SEEK THE ADVICE OF YOUR DOCTOR OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.
NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT, BECAUSE OF SOMETHING YOU READ OR LEARN ON HEALTHTAP.
CALL 911 (OR YOUR LOCAL EMERGENCY SERVICE) OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.

HealthTap Medical Experts

Independence of HealthTap Medical Experts

HealthTap Medical Experts and professionals or specialists utilizing or featured on HealthTap are not employees or independent contractor service providers of HealthTap. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of HealthTap. HealthTap does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on HealthTap or by a licensee of HealthTap. (Doctors on HealthTap Prime are independent contractors of separate professional corporations)

The inclusion of professionals and specialists on HealthTap or in any professional directory on HealthTap does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND HEALTHTAP DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. HEALTHTAP SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON HEALTHTAP. The use of HealthTap by any entity or individual to verify the credentials of professionals or specialists is prohibited.

All opinions and statements expressed by HealthTap Medical Experts on or through HealthTap are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of HealthTap, its affiliates or any other organizations or institutions to which such HealthTap Medical Expert or such specialist or professional is affiliated or provides services.

Children's Privacy

We are committed to protecting the privacy of children. HealthTap is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Registered adult users of HealthTap may use HealthTap for the benefit of children.

Your Account and Your Use of HealthTap

You are responsible for your account: keep your password and real name private.

Accurate and complete registration information is required to use HealthTap. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using HealthTap is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on HealthTap (such as in questions or other public submissions).

Your use must be legal and you must be an adult to use HealthTap.

HealthTap is a Business Associate of health care professionals under the federal health care privacy and security law known as HIPAA. Your personal information will be stored in a secure manner. HealthTap has implemented various encryption and security technologies and procedures to protect, from unauthorized access, your personal information which is stored in our computer systems. We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information. Full access to the Apps is enabled only by usernames and passwords. You are fully and solely responsible for any and all use of the Apps using your username and password. We reserve the right to revoke or deactivate your username and password at any time.

Your use of HealthTap and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 16 years old to use HealthTap and at least 18 years old to register for HealthTap Premium Services.

We'll send you notices and information.

When you register, you agree that HealthTap may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, phone, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account Settings. We have a No-Spam policy, and you can opt out of communications and control your communications preferences through your Account Settings. We do not sell or distribute the email addresses of our users. For more about how we share your personal information with you, see the terms related to our Content and Services (below) and our Privacy Statement.

Code of Conduct for Patients

Etiquette As a patient consulting with doctors on HealthTap, you agree to engage with the practitioner in a respectful and appropriate manner. You agree to refrain from using inappropriate language and/or behavior.
Treatment You agree that you may not make demands for treatment in a consultation. Please understand that there are three types of virtual consults on HealthTap:
1. Standard virtual consults: In these consults, doctors who have accepted you as a patient (whether for “on call” care, unless you already have an ongoing care relationship with the doctor) can provide care. You may receive an examination (within the limits of virtual care), provide a medical history, obtain an assessment from a physician, and receive a treatment plan as determined to be medically appropriate by the consulting doctor.
2. Introductory Consult: this is the first interaction with a new doctor or a doctor who has not yet accepted you as a patient on HealthTap. An introductory consult is not intended for the doctor to give you care. Introductory consults are for providing you with information or get to know the doctor and to determine if she or he can help you with your health concern (in person and/or through virtual consults). A doctor may need to invite you to her or his office for an in person appointment in order to accept you as a patient on HealthTap.
3. Second opinion consult: this is a consult in which a doctor can provide you with information about a health issue or a second opinion on a prior diagnosis. A new diagnosis, treatment, or other care are not available in a second opinion consult.
Abuse of Care HealthTap is intended to give you easy access to health information (and even care) on your computer or mobile device. As a HealthTap patient (with a HealthTap Prime membership or other access to consulting doctors on HealthTap), you are entitled to receive medically necessary and appropriate care, and you agree not to abuse or overuse the access to doctors provided to you. Overuse includes requests for multiple opinions on single medical condition HealthTap consults should not be used : to obtain numerous opinions on a single medical condition. In general, doctors may discourage this practice and may be hesitant to provide an assessment to those patients who attempt to seek multiple consults. In cases where there is an absolute medical necessity, it may be appropriate to do more than one consult in a day about a specific health issue, but you may also need to consider seeking in-person care or emergency services if the level of severity truly is at the point where multiple consults are warranted (especially if in-person care is recommended by a consulting doctor on HealthTap).
Prescriptions and Lab Tests Even if you believe you need a prescription or lab test, you should not expect a prescription or lab test order from any given consult. Patients who are located outside the U.S. may receive prescription recommendations only; lab orders are not currently possible for patients located outside the U.S. If the practitioner deems it appropriate to prescribe treatment or order lab tests for the condition discussed in a virtual consult, then the prescription or lab test(s) may be ordered by the physician. Lab tests are currently ordered using Quest Diagnostics lab test services; it may not be possible to order all of Quest Diagnostics lab tests (if any) in all U.S. states at this time. . The following medication categories cannot be prescribed or recommended in virtual consults on HealthTap: DEA category I-IV medications, lifestyle medications (such as weight loss or hair loss medication), and U.S.-state regulated medications. It may be possible to get prescriptions for some psychiatric medications in HealthTap Concierge virtual consults, but doctors cannot prescribe psychiatric medications in HealthTap Prime virtual consults.
Duration of Treatment There are cases when you may present with a condition that is long-standing for which you may have been taking a prescription for a long period of time. Even in this situation, it is up to the consulting doctor’s medical expertise and discretion to decide to order that prescription and for what duration. Please understand that in HealthTap Prime virtual consults, you and the doctor most likely do not have an established doctor-patient relationship, and best practice will be for the doctor to prescribe (if at all) a short-course of medication to hold you over until you are able to consult with your established doctor.
Dress Code You agree to be appropriately dressed and to show personal or private body parts only when it is of medical relevance to do so.

Content and Services

HealthTap is a Free Service That Offers Paid Services

It's free to ask health questions and receive health answers and tips on HealthTap. HealthTap also provides premium, optional Services and Content that can be accessed for a fee. ("Premium Services" and "Premium Content", respectively). HealthTap Prime Concierge are paid services. We will never ask you for your credit card or other payment information unless you indicate that you would like to use a paid service.

HealthTap is for personal use.

HealthTap is a service for individuals to use to support their personal health decisions. You may use HealthTap for personal, but not for commercial, purposes in accordance with all applicable federal, state and local laws. Organizations, companies, and businesses may not become registered members or use our Apps as entities or through individual members. Licensed U.S. doctors and other qualified medical experts may apply to participate on HealthTap for educational purposes as Medical Experts, or to provide virtual consults via HealthTap Prime and Concierge. The Content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by HealthTap in writing. By using HealthTap, you agree not to harvest, scrape or otherwise collect any information about our members or doctors for any reason, including but not limited to for sending unsolicited communications, including spam.

HealthTap must be used responsibly.

You agree to use the Apps and any Service responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive. You also agree not to intentionally overuse any Service or Premium Service, or use any Service or Premium Service for medically inappropriate purposes.

HealthTap may not be used for illegal purposes.

The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with HealthTap, the Content, or Services. You may not use any automated means (such as a scraper) to access HealthTap, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person's login credentials to access HealthTap. Any attempt by any individual or entity to solicit login information of any other user or HealthTap Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

HealthTap does not make recommendations or endorsements.

We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on HealthTap. HealthTap is designed to be used with common sense, and in connection with the advice of your doctor or healthcare provider. Reliance on HealthTap Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Experts, may be or have been provided by third parties directly and are not reviewed or certified by HealthTap. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.

HealthTap does not guarantee the accuracy of Third Party Content.

HealthTap has no editorial control over or responsibility for Content provided by third parties and any opinions, statements, products, services or other information expressed or made available by third parties (including Medical Experts) or users on HealthTap are those of such third parties or users. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and do not represent or warrant that your use of the Content displayed or referenced on HealthTap will not infringe rights of third parties not owned by or affiliated with HealthTap.

We are not responsible for anything outside of HealthTap.

Content and Services, links to other apps, web sites or information, software, data, or other content, online or offline ("External Content and Services"), such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of HealthTap and we are not responsible for such content. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies or individuals responsible for such External Content and Services and cannot be attributed to HealthTap. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, related or pertaining to External Content and Services.

You are responsible for your use of our Mobile Features.

The platforms available via the Apps (the “HealthTap Platforms”) offer features and services available to you via your mobile phone or other mobile device. These features and services may include the ability to upload content to the HealthTap Platforms, receive messages from the HealthTap Platforms, download applications to your mobile phone or access HealthTap Platforms features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (such as "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature, or to change your profile settings inside the Apps. You agree to notify HealthTap of any changes to your mobile number and update your account(s) on the HealthTap Platforms to reflect this change.

You agree that we may send you limited personal information by email, SMS and mobile telephone notification.

When you use action-oriented features on HealthTap and HealthTap Premium Services (including subscribing to a checklist or participating in a Virtual Consult), you agree that HealthTap and HealthTap Medical Group, P.C. may send you automatically via e-mail, mobile telephone or other contact information provided by you in your account settings, content including but not limited to, reminders relating to health checklists or doctor recommended actions for you. As a result, the content in those reminders may contain protected health information under HIPAA, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are opting into receiving your own protected health information by email, SMS or mobile telephone notification, which is not secure. You also understand and agree that by receiving such protected health information by e-mail, SMS or mobile telephone notification, you will be charged by your wireless or internet provider and that such e-mails, SMS or mobile telephone notification may be generated by an automated dialing system. You control the utility, and the privacy, of the reminders you receive. In your account settings, you can control what information is sent to you, and where it’s sent, and you can unsubscribe or opt-out from receiving reminders via email, SMS or mobile telephone notification , or any of them. If you prefer not to receive personal information by email or mobile notification, you agree to update your account notification settings.

Mandatory Removal of Content and Services

If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (For more information, see "Termination.")

Use of Your Information

We respect the privacy of your personal information.

We only use data you share with HealthTap as set forth in the HealthTap Privacy Statement, your account Settings, and applicable law. If you create, transmit, or display health and wellness or other information while using HealthTap, you agree to do so with information that you own or have the right to use.

We cannot control external communications (including email, SMS, and notifications).

Email, and short message service (SMS), text message communications and mobile push notifications from the Apps are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using the Apps, you release HealthTap from any liability arising from or related to any such interception or unauthorized access.

How is location information used?

We request permission for the collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device, however this will limit your ability to use certain features of our Services. If you permit our Apps to access location services, we may also collect your device location when the app is running in the foreground or background. Disabling our app’s collection of precise location from your device will not limit our ability to derive approximate location from your IP address. We use location information to help provide you with more relevant, personalized services. You may also change your location in the app settings.

Advertising

We Do Not Advertise.

There is no paid advertising on HealthTap.

International Users

Consent to Terms and Policies

We make no representation that all products, Content or Services described on or available through the Apps (including HealthTap Prime and Concierge), are appropriate or available for use in locations outside the United States or all locations within the United States. Registered Users and Visitors access our Content and Services on their own initiative and are responsible for compliance with local laws. We make no claim that Content or Services are appropriate or may be downloaded outside of the United States. Personal information ("Information") that is submitted to HealthTap will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Statement. If you are a non-U.S. member, you acknowledge and agree that HealthTap may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in these Terms and our Privacy Statement. If you do not consent to such transfer, you may not use our Content or Services. The product information provided on HealthTap is intended only for residents of the United States, and may have different product labeling and disclosure requirements in different countries.

Property Rights

HealthTap owns or has rights to the Content and Services.

When you use the Apps, you do so under a license from us. Your license to use HealthTap is personal, revocable, nonassignable, and nonexclusive. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, that you cannot give this license away to someone else, and that other members can use our Content and Services. All right, title and interest in and to the Apps and the Content, together with all intellectual property rights embodied therein (including without all engagement, rating, and ranking systems and methodologies on the Apps) are the property of HealthTap or our affiliates, excluding your rights under law to any information or Content related to virtual consults on HealthTap Prime or Concierge. Rights retained by other parties in the Content are their respective rights.

You must ask our permission to use our Trademarks.

We have obtained or applied for various Trademarks and service marks. HealthTap, the HealthTap logo, other HealthTap Trademarks and service marks and other HealthTap logos and product and service names are our trademarks (the "HealthTap Marks"). If you would like to use or display any HealthTap Marks, you must ask our permission. Without our prior written permission, or according to the media use guidelines we publish, you agree not to display or use in any manner the HealthTap Marks. All trademarks, brands, and content on HealthTap are the property of their respective owners.

You agree not to infringe our Copyrights, Trademarks, Trade Secrets, Patents or other intellectual property rights.

You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Apps as they are designed and intended to be used, including using App features which allow you to re-post Content or portions of Content, including those which permit you to distribute Content through other third party applications and mediums (such as Facebook or Twitter), so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "HealthTap" without our prior written permission.

You agree not to access, attempt to access, or use our Data without our Permission.

You agree not to access, attempt to access, request access not authorized by the Apps or use any any App Content or data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or any Content, in whole or in part, in any form or by any means.

Contact us if you believe materials on our Apps infringe your copyright.

If you believe any materials accessible on or from HealthTap infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to our DMCA Removal Procedure.

Submissions

You agree to abide by our Submission Guidelines

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to HealthTap is governed by the HealthTap Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement. You agree that member or expert submissions will apply with HealthTap's Submissions Terms and Policies. If you are a member you agree to the Member Submission Terms and Policies. If you are an expert you agree to the Expert Submission Terms and Policies.

You give us rights in what you submit.

With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) and other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the rules and regulations promulgated thereunder (as amended to date, "HIPAA"), if you make any submissions (by email or otherwise) on, to or through HealthTap, including but not limited to data, questions, comments, suggestions, business information, ideas, concepts or inventions, you make such submission without any restrictions or expectation of compensation or of confidentiality, and you agree that your submissions may be used without restriction for any purpose whatsoever, and you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-HealthTap the complete right to freely use such submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, publicly perform or display (in any media or form now known or hereafter developed), or otherwise communicate to the public, in the form of a royalty-free, perpetual, irrevocable, worldwide nonexclusive license. HealthTap may sublicense its rights. Such submissions will be treated as non-confidential and nonproprietary and will become the property of HealthTap, and HealthTap shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to HealthTap for any purpose whatsoever, including, without limitation, developing and marketing products using such information. HealthTap does not accept unsolicited recruiter or similar submissions and noes not pay fees for any such parties without a current contract on file, and you agree that any submissions of candidates by a recruiter or other third party without a valid and signed recruiting agreement in place with HealthTap prior to such submission will not be subject to any recruiter or similar fees.

Don't submit anything to us if you don't want to give us rights to it. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to HealthTap, by email or otherwise.

HealthTap Medical Experts

About HealthTap Medical Experts

Medical Experts on the Apps include respected doctors throughout the United States. Only U.S.-licensed doctors may participate as Medical Experts on HealthTap (including HealthTap Prime and Concierge). Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to HealthTap as a Medical Expert on HealthTap or participating on HealthTap Prime or HealthTap Concierge. Supplemental Terms of Use apply to Experts who participate on HealthTap (including those who provide Premium Services).

Personally Identifiable Information

Our members have a right to the privacy of their identity.

HealthTap does not disclose personally identifiable information about our members (please see our Privacy Statement for details), however you understand and agree that if you choose to use HealthTap Premium Services, that personally identifiable information will be visible to the doctors with whom you interact. As a reminder, we prohibit commercial use of the Apps.

Termination

All of our members are required to honor this Agreement.

Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use HealthTap and the Services and/or Content at anytime. This suspension or termination may delete information, files, and other previously available Content.

Changes to this Agreement

We may update these Terms of Use.

When we make changes, we will revise the "last modified" date at the top of this document. We encourage you to review these Terms of Use periodically. Your continued use of HealthTap constitutes your agreement to the changed Terms of Use.

Indemnification & Exclusions and Limitations

Exclusion of Warranties

THE APPS AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS." NEITHER WE, HEALTHTAP MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. HEALTHTAP AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING HEALTHTAP AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.

Limitation of Liability of HealthTap

We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any Content or other information submitted, transmitted, or received via our Apps.

Use at your own risk

The Apps and the Content are provided on as "as is" basis. NEITHER WE, HEALTHTAP MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of HealthTap, whether by HealthTap or any other party; or (ii) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with HealthTap. Any location data accessed via the Apps may be inaccurate or incomplete and any use of such data is at your own risk.

Specific limitation of liability regarding expert content on HealthTap.

Content on the Apps created, modified, submitted or validated by Medical Experts or other healthcare experts on HealthTap (collectively, "Expert Content") are subject to the following additional terms and conditions. (When we use the term Content elsewhere in this TOU, this term includes Expert Content.) The authors or third party posting such content ("Posters") are solely responsible for their content. While we hope that you will find the Expert Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Expert Content regarding treatment of medical conditions, actions, or application of medication. Under no circumstances, as a result of your use of the Expert Content or this Site, will the Expert Content Poster or such Poster's employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Poster (and such Poster's employer and/or sponsor) shall have absolutely no liability in connection with HealthTap for: (a) any loss or injury caused, in whole or in part, by the Poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Expert Content or make medical or other important decisions based on it, and it also means that the Posters are not responsible for what you do or don't do with the Content. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of (1) any content posted or made available by you through Expert Content, (2) any violation of law that occurs by you through your use of Expert Content or this Site, and/or (3) anything you do using Expert Content, our Apps and/or the information contained therein.

NEITHER US, THE MEDICAL EXPERTS ON HEALTHTAP, OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED DOLLARS ($100).

HealthTap, its licensors, its suppliers, or any third parties mentioned on HealthTap are not liable for any personal injury, including death, attributable to or caused by your use or misuse of HealthTap or Content (including member supplied Content or Medical Expert supplied Content). Any claims arising in connection with your use of HealthTap or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Arbitration

By using the Apps, you agree to be bound by our Arbitration Agreement. This agreement applies to all users, whether members and Medical Experts.

Licensed Content

Certain Content may be licensed from third-parties.

The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use or in the Additional Information section of our Apps (which is incorporated herein by reference).

General Legal Terms

Trademarks

HealthTap is a registered Trademark of HealthTap Inc. Any other trademark, brand, or content on HealthTap that is not the property of HealthTap is the property of its respective owner.

General Terms

This Agreement, and the other agreements referenced in it (like our Privacy Policy), is the entire agreement between you and us relating to HealthTap. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a mutually signed written agreement between you and us related to HealthTap, the signed written agreement will control.

We reserve the right to modify or discontinue our Content and Services (including but not limited to HealthTap and HealthTap Premium Services) with or without notice to you, and you agree that we are not liable to you or any third party should we modify or discontinue any services, and that your only recourse is to cease using the Services. Continued use of Services following any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified.

Other parties may have rights under this agreement. A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit.

If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

If we choose not to enforce any provision of this Agreement, we retain the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

This agreement is governed by California law, excluding California's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SANTA CLARA COUNTY, CALIFORNIA. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.

HealthTap Arbitration Agreement

Summary

HealthTap's Terms of Use require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by contacting our support department at [email protected]. In the unlikely event that our support team is unable to resolve a legitimate legal complaint you may have (or if HealthTap has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us to resolve any disputes for 30 days after notifying us of such issues before filing arbitration.

Agreement

First things first: let's try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against HealthTap, you agree to make a good faith effort to try to resolve the dispute informally by contacting [email protected] and responding promptly to any related communications. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or HealthTap may bring a formal proceeding.

This Arbitration Agreement ("Arbitration Agreement") is a condition of the Terms of User of HealthTap and the Apps. The effective date of this agreement is August 30, 2014 (the "Effective Date").

If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or our licensors' intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Any arbitration proceedings shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitration shall be held in Santa Clara County, California or at another mutually agreed location. If the reasonable value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to HealthTap should be addressed to: General Counsel, HealthTap, at the current company address indicated on the on the HealthTap website (www.healthtap.com) ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief ("Demand").

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different HealthTap users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.

The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$5,000 or less, HealthTap will pay all arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous or without merit under HealthTap's Terms of Use or otherwise ("Frivolous Claims"). In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HealthTap will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are FrivolousClaims, you agree to reimburse HealthTap for all fees associated with the arbitration paid by HealthTap. HealthTap's obligations to pay these fees shall be made after a preliminary determination that the claims are not barred or limited by the HealthTap Terms of Use. Bared or limited claims constitute Frivolous Claims.

YOU AND HEALTHTAP AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS." UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER HEALTHTAP USERS.

Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.

Opt-Out Procedure

The Opt-Out deadline for optin out of this Arbitration Agreement has passed.

CLAIMS ARE TIME-BARRED. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.

HealthTap Guidelines: Members

HealthTap Member Submissions Terms and Policies

The Basics

On HealthTap only informational questions submitted for educational purposes are allowed. No personal health questions are permitted - questions may describe a general situation, illustration, illness or symptoms but please do not provide facts that give questions the impression of being unique to a single patient.

No requests for prescription, diagnosis or treatment should be made on HealthTap (for medical care, please use HealthTap Prime and Concierge, as appropriate and available). Any second opinions received on HealthTap are not diagnosis, prescription, or treatment, and are for informational purposes only. The content of any response is at the sole discretion of the Medical Expert answering the question.

There is no guarantee that any submitted question will be answered; questions are answered at the sole discretion of participating Medical Experts. No follow up questions or personal information should be included in Thanks notes or other posts on or through HealthTap.

IN CONSIDERATION FOR PERMISSION TO USE HEALTHTAP YOU AGREE TO ABIDE BY ALL APPLICABLE TERMS OF USE WHEN POSTING AND NOT TO DO ANY OF THE FOLLOWING, WHICH CAN RESULT IN YOUR IMMEDIATE ACCOUNT CANCELLATION:

Excluding HealthTap Premium Services, No Individual or Specific Patient Questions.Do not post any facts that give the impression that a question is uniquely patient-specific, or are about a specific person, including yourself.
Only Adults May Post.Minors may not create their own profiles on HealthTap and HealthTap does not permit the posting of questions by persons under 13 years of age. Caregivers may post educational questions related to authorized care recipients (such as the mother posting questions about an infant).
No Posting of Personally Identifiable Information. Do not post name(s), email address(es), or telephone number(s), URLs, or any other confidential or Personally Identifiable Information for you or any other person or entity on HealthTap.
No Posting for Illegal Purposes. Do not use HealthTap for any purpose in violation of local, state, federal, or international laws.
No Infringing or Impersonating Postings. Do not post material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others; do not post impersonating another person or entity.
No Inappropriate Postings. Do not post material that is unlawful, misleading, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion.
No Excessive or Inappropriate use. Do not use the Apps excessively or inappropriately or in ways that the Apps were not designed for or that are not, in the opinion of HealthTap doctors, medically appropriate or legitimate.
No Promotions or Links. Do not post advertisements or solicitations or links to other websites or individuals.
No Spam or Schemes. Do not post the same question more than once or "spam" HealthTap; no posting of chain letters or pyramid or other schemes.
No Detrimental Behavior. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying HealthTap, or which, in the judgment of HealthTap, exposes us or any of our members, partners or suppliers to any liability or detriment of any type.

Rules for submitting questions or posting Content on HealthTap

You agree to our Terms and Conditions and Rules

By using (including by accessing or attempting to access) HealthTap you agree that we have the right (but are not obligated) to: investigate an allegation that a communication or Content does not conform to these Terms and Conditions and determine in our sole discretion to remove or request the removal of the communication or Content; remove Content (including member-submitted questions) that we determine, in our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; terminate a member's access to HealthTap upon any breach of any of these Terms and Conditions; terminate a member's access to HealthTap if the member's registration information and/or email address is no longer valid; and remove any communication in HealthTap; regardless of whether such communication violates these standards. We reserve the right to take any other action we deem necessary to protect the personal safety of our guests, visitors, and the public.

Only submit what you have a right to submit

If you make any such submission you agree that you will not send or transmit to HealthTap any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to HealthTap by email or otherwise, you agree such submission is non-confidential for all purposes. You agree to only post or upload Media (like photos) that you have taken yourself or that you have all rights to post or transmit and license, and which do not violate copyright, trademark, privacy or any other rights of any other person. By uploading any media on HealthTap, you are representing and warranting to us that you have permission from all persons appearing in your media for you to use the media in this way, and to grant the rights described in these Terms of Use. Never post a picture with someone else unless you have their explicit permission.

Be a responsible and sensitive community member

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, medically inappropriate, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions our Privacy Statement or any other HealthTap policy.

Don't upload any viruses or software

You agree that you will not upload 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 this Web site.

You grant us a right when you upload or submit media or content

We need to have the right to display the content and media you upload to us. By uploading any media, like a photo, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes HealthTap to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify HealthTap and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these terms.

You understand that we may review and reject any submission

We reserve the right to review all media or any other submission prior to or after submission to the site and to remove any media or any submission for any reason, at any time, without prior notice, at our sole discretion.

HealthTap Guidelines: Experts

HealthTap Expert Submissions Terms and Policies

Expert Submissions

Please note: The following guidelines apply to HealthTap, where the practice of medicine is not permitted. Different guidelines apply to HealthTap Premium Services, where you can engage in virtual video / audio / text consultations with patients within the context of a doctor-patient relationship.

By submitting Content to HealthTap you agree to abide by these guidelines and terms. A few things you should know:

Only informational Answers for educational purposes are allowed
No personal, individualized health answers are permitted
You have no obligation to answer any submitted question
Make Expert Submissions only when you reasonably believe that they are likely to be useful and helpful to HealthTap members
Agree with Expert Submissions only when you have fully reviewed and actually agree with the content, and do not agree with your own Submissions
If you participate in the HealthTap University Program: edit student and assistant answers before verifying them if you believe that you can improve the educational and informational quality of the answers, and verify student and assistant answers only when you reasonably believe that they are likely to be useful and helpful to HealthTap members and when they meet the same standards you would apply to your own answers

IN CONSIDERATION FOR PERMISSION TO USE THE PUBLIC AREAS YOU AGREE TO ABIDE BY ALL OTHER TERMS OF USE WHEN POSTING AND NOT TO DO ANY OF THE FOLLOWING, WHICH CAN RESULT IN YOUR IMMEDIATE SUSPENSION OR TERMINATION AS A MEDICAL EXPERT:

Avoid Practicing Medicine

HealthTap answers should be relevant content that is educational and informational. Answers can provide general guidance, context, and illustration. You are welcome to refer to general medical conditions, symptoms and treatments, but please do not diagnose any individual member or prescribe any specific treatment in your answers. Individualized or diagnostic answers are not allowed and prescribing medications is not allowed. Answers should not provide specific treatment recommendations or give the impression that they are a substitute for a real-life consultation with a doctor. YOU ARE NOT PERMITTED TO PRACTICE MEDICINE ON OR THROUGH HEALTHTAP, EVEN IF YOU ARE INTERACTING WITH AN ACTUAL PATIENT OF YOURS. ALL MEDICAL DIAGNOSIS, TREATMENT, PRESCRIPTION AND ACTUAL CARE MUST OCCUR ON HEALTHTAP PREMIUM SERVICES (PRIME OR CONCIERGE) OR OUTSIDE OF HEALTHTAP, REGARDLESS OF ANY EXISTING RELATIONSHIP BETWEEN THE PARTIES.

Avoid Revealing Private Information

Feel free to interact professionally with members and create long-lasting relationships with those in your community. However, help us keep the personal information of our members confidential. Please don't refer to members in or on Content in Public Areas by their real names, even if this information has been disclosed to you.

Avoid Offending Others

Responses should always be appropriate. Brief, casual, and friendly responses are the most useful. Help HealthTap remain a trusted resource, by avoiding potentially offensive content whenever possible.

Avoid Communications that Suggest a Physician-Patient Relationship

Share your professional clinical expertise though answers that are evidence-based and consistent with accepted standards in the medical community. HealthTap is for general questions. Refrain from using language that suggests an answer is provided for a single member. Unless you are in a Private Conversation with a user on HealthTap, refrain from answering questions that solicit your individual opinion as a single Medical Expert. Avoid answering questions or providing answers that suggest a duty of care and a physician-patient relationship.

Avoid Commercial Responses

You are allowed to link to external websites that are both appropriate and related to your responses, but answers on HealthTap should be complete and should not be used for primarily promotional purposes. Please do not plagiarize and cite sources where applicable. Using answers as a vehicle to promote a product or service is prohibited. Providing members with useful and beneficial information and attracting new patients through useful Content is permitted, but mere schilling is not.

Avoid Advertising or Specifically Soliciting Patients

Patients on HealthTap can find your professional contact information through your Virtual Practice, and can contact you for an appointment. However, please avoid violating medical board rules regarding advertising and patient solicitation.

Avoid Disclosing Confidential Material

Be careful not to discuss privileged or confidential details of past or current patients, or accidentally revealing confidential information in an indirect way - such as by discussing hypothetical illustrations that could be traced back to specific patients.

Avoid Violating Board Rules

Avoid other actions that violate board or other rules that apply to you.

Rules Governing Other Submissions

All other information, including suggestions, feedback, ideas, concepts and any other materials you disclose or offer to us on or in connection with HealthTap or any Content, are governed by the general member submission terms of this Agreement. This means that these submissions are made without any restrictions and without any expectation of confidentiality or compensation. You agree not to assert any property right or moral right of any kind with respect to any such submissions. You agree to our standard terms governing media submissions, except for the prohibition against uploading a facial portrait image of yourself for your Profile picture. You agree that your likeness, photograph, name, biographical information and any and all other information appearing.

Additional Terms: HealthTap Prime

The following terms apply to your use of HealthTap Prime and live virtual consults performed by video, audio (voice) or text chat, or by asynchronous text inbox consults (collectively, "virtual consults"). By using HealthTap Prime you represent that you understand and agree to all of the following:

Understandings, Agreements, and Representations

Medical Agreement

You are entering into an agreement with HealthTap Medical Group, P.C., which shall be a provider of professional medical services to you.
You are entering into a physician - patient relationship with the physician associated with HealthTap Medical Group, P.C. that personally performs the virtual consult for you.
You agree to use your legal name and real medical information in virtual consults on HealthTap Prime
You agree to use only one HealthTap account for maintaining your medical records and for doing HealthTap Prime virtual consults.
You represent and warrant to HealthTap Medical Group, P.C. that you have a primary care physician.
You understand and agree that the physicians associated with HealthTap Medical Group, P.C. are only providing minor non-emergency primary-care medical services with respect to Virtual Consults.
You understand that you should never delay seeking advice from you primary care physician or other health professionals due to information provided by a Healthcare Provider through HealthTap Prime. You agree to seek emergency help when needed, and continue to consult with your primary care physician as recommended by doctors on HealthTap Prime and by your primary care physician.
HealthTap, Inc. is the provider of certain administrative services to HealthTap Medical Group, P.C. and does not provide professional medical services.
You agree that physicians associated with HealthTap Medical Group, P.C., in performing a virtual consult, may not prescribe for you, the following drugs:

Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III, IV)
Prescriptions for medications that are restricted by states
Prescriptions for medications for psychiatric illnesses
Prescriptions for lifestyle medications such as erectile dysfunction or diet drugs.

HealthTap and HealthTap Prime are not doctors and do not practice medicine and do not participate in or interfere with the practice of medicine by doctors on HealthTap or HealthTap Prime, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
You understand that if your medical condition warrants emergency help, the physicians associated with HealthTap Medical Group, P.C. will direct you to the nearest local hospital emergency department or emergency room.
You understand that the services offered by HealthTap Medical Group, P.C. and HealthTap, Inc. are not health insurance and are not a substitute for health insurance, and you agree not to use such services as health insurance. HealthTap Prime is designed for use independent of health insurance as an out-of-pocket cost service and that associated fees may not qualify for insurance or HSA or similar reimbursement.
You agree to refrain from excessive or inappropriate use of HealthTap Prime, including but not limited to multiple consults for the same issue without a valid medical reason, including but not limited to: initiating a subsequent virtual consult before you have received the Summary Notes from the doctor of the prior HealthTap Prime virtual consult, attempts to obtain prescriptions unavailable through HealthTap Prime or not previously prescribed to you in a prior HealthTap Prime consult for the same issue, or any other behavior deemed by HealthTap or a HealthTap Prime doctor to be excessive or inappropriate.
Other than for mutually agreed upon in-person care with a doctor on HealthTap, you agree to refrain from contacting or seeking to contact the HealthTap Prime physician for telemedicine care outside of the platform (such as by phone, email, or other messaging system). This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous, and controlled platform. HealthTap is not responsible for any interactions with physicians not conducted on the HealthTap platform.
If you signed up for a free trial or limited-period discount HealthTap Prime account, and allow the trial or discount period to expire, your account will automatically convert to a standard paid subscription account (starting your full-price subscription period and recurring charges). For the first month of your full-price paid subscription only, you have a 72-hour grace period to notify HealthTap Support in writing if you do not want to continue the subscription and/or to request a refund of your first month’s full-price subscription fee. This grace-period does not apply if you have engaged in one or more consults after the free-trial period. You may cancel your subscription at any time, and your subscription will be valid through the then current pre-paid month. HealthTap does not offer partial-month refunds.

Health Information

You agree to the entry of your medical records into the HealthTap Medical Group, P.C. secure computer database and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or phone system is totally secure. HealthTap Medical Group, P.C. recognizes your privacy and, in accordance with our Privacy Policy Statement, will not release information to anyone without your written authorization or as required by law.
HealthTap maintains protected health information (PHI) in compliance with federal privacy and security rules (HIPAA and HITECH) and our contractual obligations with health care providers as a Business Associate of health care providers who are Covered Entities such rules. HealthTap collects information for the purposes of providing the Premium Services (including virtual consults), marketing and promoting our Services and Premium Services to you, and for market research data.
You understand and agree Virtual Consults involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction in which you are located at the time of a Virtual Consult and afterward.
You also understand that HealthTap, Inc. a "covered entity" as defined under the Health Insurance Portability and Accountability Act and associated regulations. However, you understand that HealthTap Medical Group, P.C. and the physician associated with HealthTap Medical Group, P.C. are "covered entities" that are subject to the provisions of HIPAA pursuant to 45 CFR 103. Therefore, you understand and agree that your personally identifiable health information ("Health Information") provided to HealthTap Medical Group, P.C. and the physician associated with HealthTap Medical Group, P.C. is subject to or protected by HIPAA. We will maintain the privacy of your Health Information as required by HIPAA.
You also understand and agree that by using HealthTap and HealthTap Prime that we may automatically send information related to your virtual consult(s), including related reminders, to you, and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings and profile information. You may opt out of receiving any such communication via email or mobile notification at any time through your account notification settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using HealthTap Prime or any features utilizing reminders.
You represent and warrant to us that, to the extent you enter “protected health information” (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, “protected health information” of such third person on HealthTap Prime and via the HealthTap website and mobile apps.
You agree to and accept the Vidyo End User License Agreement.

Consult Quality

HealthTap Prime virtual consults are primary care consults, not specialist consults, and are not intended to address medical concerns typically addressed by medical specialists.
You agree that physicians performing virtual consults on HealthTap Prime may prescribe allowed medications in such virtual consults when in the doctor’s sole judgement it is medically appropriate to do so. You agree that you are not guaranteed any prescription in a HealthTap Prime virtual consult. The determination that a medical concern warrants a prescription is always made at the discretion of the consulting physician in a HealthTap Prime virtual consult and not prior to such a consult. You agree to maintain up-to-date medication information in your Health Profile on HealthTap so that consulting HealthTap Prime physicians may know your medication history.
You understand and agree that HealthTap and doctors in HealthTap are not responsible for disconnections or connection quality issues you may experience during or outside of HealthTap Prime virtual consults as a result of your mobile device's or computer's internet connectivity. HealthTap may not refund you for virtual consults in which your experience is impacted by issues resulting from your device's or computer's internet connectivity.
You agree to refrain from abusive language or engaging in inappropriate behavior when with physicians during a consult and agree that a physician may terminate a consult at any time should inappropriate behavior or language be used or if in the physician’s sole judgment the consult is no longer appropriate or productive.
HealthTap Prime subscriptions do not include nor cover the costs of any recommendations or treatments associated with any virtual consult (including but not limited to: prescriptions, lab tests, services or treatments, devices, or referrals for non-HealthTap Prime consults).
HealthTap Prime offers primary-care consults from specific physicians on HealthTap only. Consults for specialist care are not available on HealthTap Prime. HealthTap Prime consults are available under an “on call” model where you will be connected with the first-available HealthTap Prime physician. If you wish to or do select a specific doctor (including specialists) to consult, these consults are part of the HealthTap Concierge service, are not included in your HealthTap Prime subscription, and are subject to additional per-consult fees. HealthTap Prime may not cover the cost of consults that originated from searching for a specific doctor or specialty. Pricing for any Concierge consults will be shown prior to initiating such consults and by participating in such a consult you agree to pay the fees associated with such a consult.

Refunds

HealthTap agrees to consider refunding you the cost of your virtual consult performed by video, voice, or text chat in the event that you are dissatisfied with how HealthTap's physician spoke to you during such virtual consult. All refund requests require you to submit a documented explanation supporting your request for a refund, and all such requests are subject to review for approval (Satisfaction Guarantee does not apply to asynchronous inbox consults.) This guarantee is subject to your submission to HealthTap of documentation supporting your request for a refund. All determinations of your eligibility for a refund are made solely by HealthTap and are final once HealthTap reaches its decision.
You are ineligible for a refund of subscription or one-time consult fees if it is determined at HealthTap's discretion that you, at any time, have violated HealthTap’s conduct guidelines within a consult (including but not limited to: inappropriate language or behavior).
You are responsible for monitoring your financial accounts and statements, and HealthTap is not responsible for any charges actually or allegedly not authorized by any account holder. In the event that HealthTap agrees to provide you with a refund for any reason (including but not limited to claims of unauthorized charges), the maximum refund to which you will be entitled is sixty (60) days from the time of purchase. Unsubscribing from messages from HealthTap and/or uninstalling the HealthTap app do not automatically cancel any subscriptions you have on HealthTap, nor do these actions cancel your obligations to pay for any such subscriptions still active on HealthTap.

Your Rights

Consequently, you understand that you have all the following rights with respect to Virtual Consults:

Free Choice. I have the right to withhold or withdraw my consent to Virtual Consults at any time without affecting my right to future care or treatment.
Access to Information. I have the right to inspect all medical information transmitted during a Virtual Consult, including, without limitation, the name of the licensed physician associated with HealthTap Medical Group, P.C. treating me, and may receive copies of this information for a reasonable fee.
Confidentiality. I understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identify me will be disclosed to other entities without my consent.
Risks. I understand that there are risks from Virtual Consults, including the following: 1) Loss of records from failure of electronic equipment, 2) power or other technical failures with loss of communication, and 3) invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.
Benefits. I understand that I can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured: (i) reduced visit time, (ii) rapid innovation of treatments, and (iii) focused information.
Follow-up. In the event that the diagnosis and treatment by the physician associated with HealthTap Medical Group, P.C. does not resolve the medical issue for which you sought a Virtual Consult, you agree to consult with your primary care physician in person for follow-up treatment; and/or seek treatment, if necessary at a local hospital emergency department.
Consequences. I understand that, by having my consent to live virtual consults performed by video or telephone or asynchronous inbox consults, my physician associated with HealthTap Medical Group, P.C. may communicate medical information concerning me to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
Quality Assurance. I understand that records related to these consults may be reviewed under a HealthTap quality assurance program. Records of HealthTap Quality Assurance Committee records subject to confidentiality.

Your Obligations

Privacy Statement. You agree to HealthTap's Privacy Statement, the terms of which are incorporated herein by reference.
True and Accurate Information. You agree that that all information you provide on HealthTap Prime relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on HealthTap Prime to ensure that it is true, accurate, current and complete at all times.
Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize HealthTap to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. HealthTap's fees are net of any applicable sales tax and if any services or payments for any goods or services are subject to sales tax in any jurisdiction. You will be responsible for payment of such sales tax and any related penalties or interest and will indemnify HealthTap for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that HealthTap is permitted to pass to you) and HealthTap may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by HealthTap in writing, all fees paid are non-refundable. HealthTap reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date. This right to modify a subscription plan includes, but is not limited to, the right to change a subscription plan type (for example, from a fixed fee plan without consult co-pays to a lower priced fixed-fee plan with consult co-pays). You may adjust your subscription settings at any time (where applicable, by paying any amounts due).
Emergency Help. You will agree to seek emergency help when needed or as recommended by doctors on HealthTap Prime and you agree continue to consult with your primary care doctor as recommended by your primary care doctor or the doctors on HealthTap Prime.

Additional Terms: HealthTap Concierge

The following terms apply to your use of HealthTap Concierge and live virtual consults performed by video or audio or asynchronous inbox consults (collectively, "Virtual Consults"). By using HealthTap Concierge you represent that you understand and agree to all of the following:

Understandings, Agreements and Representations

You have an existing physician-patient relationship with any doctor with whom you have Virtual Consults using HealthTap Concierge.
You represent and warrant to HealthTap that you have a primary care physician.
You understand and agree that only minor non-emergency medical services are provided with respect to Virtual Consults.
You agree to seek emergency help when needed, and continue to consult with other physicians as recommended by doctors on HealthTap Concierge and by your primary care physician.
You understand that if your medical condition warrants emergency help, you will be directed to the nearest local hospital emergency department or emergency room.
You understand that the services offered by HealthTap, Inc. are not health insurance, are not a substitute for health insurance, and you agree not to use such services as health insurance. HealthTap Concierge is designed for use independent of health insurance as an out-of-pocket cost service and that associated fees may not qualify for insurance or HSA or similar reimbursement.
HealthTap, Inc. is the provider of certain administrative and technical services to doctors using the services and does not provide professional medical services.
HealthTap agrees to refund you the cost of your virtual consult performed by video or audio in the event that a documented technical failure, which is the responsibility of HealthTap (and not your own technical or connectivity limitations) prevented the completion of the consult. (Satisfaction Guarantee does not apply to asynchronous inbox consults.) This guarantee is subject to your submission to HealthTap of documentation supporting your request for a refund. All determinations of refund eligibility are made solely by HealthTap and are final once HealthTap reaches its decision.
You agree that prescriptions in Virtual Consults may be limited and may not include:
- Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III, IV)
- Prescriptions for medications that are restricted by states
- Prescriptions for medications for psychiatric illnesses
- Prescriptions for lifestyle medications such as erectile dysfunction or diet drugs.
HealthTap and HealthTap Premium Services are technology platforms, not doctors, and do not practice medicine and do not participate in or interfere with the practice of medicine by doctors on HealthTap or HealthTap Concierge, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
You agree to the entry of your medical records into the HealthTap computer database and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or information or communications system is totally secure. In accordance with HealthTap’s Privacy Policy Statement, we will not release information to anyone without your written authorization or as required by law.
HealthTap maintains protected health information (PHI) in compliance with federal privacy and security rules (HIPAA and HITECH) and our contractual obligations with health care providers as a Business Associate of health care providers who are Covered Entities such rules. HealthTap collects information for the purposes of providing the Premium Services (including virtual consults), marketing and promoting our Services and Premium Services to you, and for market research data.
You understand and agree Virtual Consults involve the communication of your medical information to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.
You also understand that HealthTap, Inc. is a "covered entity" as defined under the Health Insurance Portability and Accountability Act and associated regulations and HealthTap will maintain the privacy of your Health Information as required by HIPAA.
You also understand and agree that by using HealthTap and HealthTap Concierge that we may automatically send your own personal health information and related reminders to you and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings. You may opt out of receiving any such communication via email or mobile notification at any time through your account settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using HealthTap Concierge or any features utilizing reminders.
You agree to and accept the Vidyo End User License Agreement.
You understand and agree that we are not responsible for the data bandwidth, signal strength, or Internet or data connectivity of your mobile device or computer.
You agree to refrain from abusive language or engaging in inappropriate behavior when with physicians during a consult and agree that a physician may terminate a consult at any time should inappropriate behavior or language be used or if in the physician’s sole judgment the consult is no longer appropriate or productive.
You agree to refrain from excessive or inappropriate use of HealthTap Concierge, including but not limited to multiple consults for the same issue without a valid medical reason, attempts to obtain prescriptions unavailable through HealthTap Concierge or not previously prescribed to you in a prior HealthTap Concierge consult for the same issue, or any other behavior deemed by HealthTap or a HealthTap Concierge doctor to be excessive or inappropriate.
You agree to refrain from contacting or seeking to contact the physician for telemedicine care outside of the platform. This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous and controlled platform. HealthTap is not responsible for any interactions with physicians not conducted on the HealthTap platform.
You represent and warrant to us that, to the extent you enter “protected health information” (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, “protected health information” of such third person on HealthTap Premium Services and via the HealthTap website and mobile apps.

Your Rights

Consequently, you understand that you have all the following rights with respect to Virtual Consults:

Free Choice. I have the right to withhold or withdraw my consent to Virtual Consults at any time without affecting my right to future care or treatment.
Access to Information. I have the right to inspect all medical information transmitted during a Virtual Consult and may receive copies of this information for a reasonable fee.
Confidentiality. I understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identify me will be disclosed to other entities without my consent.
Risks. I understand that there are risks from Virtual Consults, including the following: 1) Loss of records from failure of electronic equipment, 2) power or other technical failures with loss of communication, and 3) invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.
Benefits. I understand that I can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured: (i) reduced visit time, (ii) rapid innovation of treatments, and (iii) focused information.
I agree to consult with my primary care physician or specialist in person for follow-up treatment, and/or seek treatment, if necessary at a local hospital emergency department, in the event that the diagnosis or treatment provided via the virtual consult using HealthTap Concierge does not resolve the medical issue for which the consultation was sought.
I understand that, by consenting to live virtual consults performed by video or audio or asynchronous inbox consults, my physician may communicate medical information concerning me to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
Quality Assurance. I understand that records related to these consults may be reviewed under a HealthTap quality assurance program. Records of HealthTap Quality Assurance Committee records subject to confidentiality.

Your Obligations

Privacy Statement. You agree to HealthTap's Privacy Statement, the terms of which are incorporated herein by reference.
True and Accurate Information. You agree that that all information you provide on HealthTap and HealthTap Concierge relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on HealthTap and HealthTap Concierge to ensure that it is true, accurate, current and complete at all times.
Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize HealthTap to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. HealthTap's fees are net of any applicable sales tax and if any services or payments for any goods or services are subject to sales tax in any jurisdiction. You will be responsible for payment of such sales tax and any related penalties or interest and will indemnify HealthTap for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that HealthTap is permitted to pass to you) and HealthTap may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by HealthTap in writing, all fees paid are non-refundable. Your credit card information and other financial data needed to process your payment are collected and stored by third party payment processors, and we may collect some limited information. The use of your data by any such third party payment processors is subject to their privacy policies. These third parties generally provide us with some limited information (such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and last four digits). HealthTap reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date. This right to modify a subscription plan includes, but is not limited to, the right to change a subscription plan type (for example, from a fixed fee plan without consult co-pays to a lower priced fixed-fee plan with consult co-pays). You may adjust your subscription settings at any time (where applicable, by paying any amounts due).
Emergency Help. You will agree to seek emergency help when needed or as recommended by doctors on HealthTap Concierge and you agree continue to consult with your primary care doctor or speicalist as recommended by your primary care doctor or specialist or the doctors on HealthTap Concierge.

Insurance Submissions

If you wish to apply your health insurance coverage to virtual consults with eligible doctors (where available), simply select Insurance under Payment Information to confirm coverage and your copay. A claim will be submitted following the consult. By requesting to submit this claim under insurance you agree to pay any associated insurance fees (such as copayment and deductible fees) under your insurance plan and to be personally responsible for any costs associated with the care received that are not covered or are denied by your insurance carrier.

Vidyo End User License Agreement including Limited Warranty, and Disclaimer of Warranty

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This End User License Agreement will apply to you if you download, install or use the Vidyo software in the Vidyo products. Please do not download, install or use the Vidyo software and products before you understand and agree with the terms of this End User License Agreement. VIDYO, Inc. is a Delaware corporation with a principal place of business 433 Hackensack Ave., 6th floor, Hackensack, NJ 07601 ("Vidyo"). IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING VIDYO OR VIDYOSUPPLIED SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. THIS LICENSE OF THE SOFTWARE IS VALID ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. YOUR ACCEPTANCE WILL BE BY INSTALLING OR DOWNLOADING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE. YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, "CUSTOMER") TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN VIDYO IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, (B) YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER VIDYO PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER YOUR RECEIPT OF THE SOFTWARE FROM VIDYO OR AN AUTHORIZED VIDYO RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER.

Vidyo's technology is covered by U.S Pat. Nos. 7,593,032 B3 and 7,643,560, as well as additional International patents or pending U.S. or International patent applications owned by Vidyo, Inc.

Conditioned upon compliance with the terms and conditions of this Agreement, Vidyo grants to Customer a nonexclusive and nontransferable license to use for Customer's internal business purposes the Software and the Documentation for which Customer has paid the required license fees. "Documentation" means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by Vidyo with the Software in any manner (including on CD-Rom, or on-line). Customer's license to use the Software shall be limited to, and Customer shall not use the Software in excess of, a single Vidyo Product as set forth in the applicable Purchase Order which has been accepted by Vidyo and for which Vidyo has been paid the required license fee. Unless otherwise expressly provided in the Documentation, Customer shall use the Software solely as embedded in, for execution on, or (where the applicable documentation permits installation on non-Vidyo equipment) for communication with Vidyo equipment owned or leased by Customer and used for Customer's internal business purposes. No other uses of the Software are authorized by this Agreement and any unauthorized use of the Software shall be a violation of the terms of this license and Agreement. Note: For evaluation or beta copies for which Vidyo does not charge a license fee, the above requirement to pay license fees does not apply.

Use of Products

Products are not authorized for use in critical safety or other applications where any failure may reasonably be anticipated to result in bodily injury, loss of life, or catastrophic damage to property. If Customer uses or sells the Products for use in any such applications, Customer acknowledges that such sale or use is at Customer's sole risk. Customer will indemnify, defend and hold Vidyo and its suppliers harmless from and against any and all liabilities and costs arising out of or in connection with such sale or use.

Limited Warranty Express Warranty

Vidyo warrants that for a period of one (1) year following shipment of the Product (i) the Product hardware shall be free from defects in materials and workmanship and (ii) the Licensed Software substantially conforms to its published specification. For instructions to make and process claims under this warranty, please contact the Vidyo authorized reseller from whom you acquired the Product Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of Vidyo and its suppliers and licensors under this limited warranty will be, at Vidyo's option, repair, replacement, or refund of the Product if reported (or, upon request, returned) to Vidyo or the party supplying the Product to Customer. In no event does Vidyo warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Vidyo does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

Restrictions

This warranty does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Vidyo or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Vidyo, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed, for beta, evaluation, testing or demonstration purposes. This warranty also does not apply to (e) any temporary Soft-ware modules; (f) any Software for which Vidyo does not receive a license fee.

DISCLAIMER OF WARRANTY

EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFOR-MATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY VIDYO, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

General Limitations

This is a license, not a transfer of title, to the Software and Documentation, and Vidyo and/or its licensor(s), retain(s) ownership of all copies of the Software and Documentation and intellectual property rights of the Product and Software. Customer acknowledges that the Products, Software and Documentation contain intellectual property rights (such as international and united states trade secrets, copyrights, patents, and patents pending) of Vidyo, its suppliers or licensors including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, Customer shall have no right and Customer specifically agrees not to: (i) transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or secondhand Vidyo equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void; (ii) make error corrections to or otherwise modify or adapt the Product, Software or create derivative works based upon the Software, or permit third parties to do the same;(iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; (iv) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Vidyo; or (v) disclose, provide, or otherwise make available trade secrets contained within the Products, Software and Documentation in any form to any third party without the prior written consent of Vidyo. Customer shall implement reasonable security measures to protect such trade secrets. To the extent required by law, and at Customer's written request, Vidyo shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of Vidyo's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which Vidyo makes such information available. Unless otherwise expressly specified all taxes and duties relating to this Agreement, the Products, or Software are excluded and shall be Customer's responsibility.

Software, Upgrades and Additional Copies

For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) computer programs, including firmware, as provided to Customer by Vidyo or an authorized Vidyo reseller, and any upgrades, updates, bug fixes or modified versions thereto (collectively, "Upgrades") or backup copies of the Software licensed or provided to Customer by Vidyo or an authorized Vidyo reseller. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO VIDYO EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.

Proprietary Notices

Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of Vidyo.

Term and Termination

This Agreement and the license granted herein shall remain effective until terminated as specified in the related order or under this section. Customer may terminate this Agreement and the license any time by destroying all copies of Software and any Documentation. Customer's rights under this Agreement will terminate immediately without notice from Vidyo if Customer fails to comply with any provision of this Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. All confidentiality obligations of Customer and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition, the provisions of the sections titled " United States Government Restricted Rights." and "General Terms Applicable to the Limited Warranty Statement and End User License" shall survive termination of this Agreement. Any other clauses which by their terms are required for the enforcement of this Agreement shall survive termination.

Export

Products, Software and Documentation, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, reexport, or import Products, Software and Documentation.

United States Government Restricted Rights

The Software and Documentation are provided with Restricted Rights and qualify as "commercial items" consisting of "commercial computer software" and "computer software documentation" as such terms are defined and used at FAR (48 C.F.R.) 2.101 and FAR 12.212 . Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.

General Terms Applicable to the End User License, Limited Warrant Statement and Disclaimer of Liabilities

REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL VIDYO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITYTO USE SOFTWARE OR OTHERWISE AND EVEN IF VIDYO OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Vidyo's or its suppliers' or licensors' liability to Customer, whether in contract, tort (including negligence), breach of warranty,or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim or if the Software is part of another Vidyo Product, the price paid for such other Vidyo Product. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Software or any other product or service delivered by Vidyo. Customer acknowledges and agrees that Vidyo has set its prices to end users and to Vidyo's authorized resellers and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties. The validity, construction and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without reference to or application of choice of law rules or principles. The exclusive venue for any dispute arising under this Agreement shall be within the competent courts in the State of New Jersey, USA. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties with respect to the terms herein and Documentation and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. This Agreement has been written in the English language, and the parties agree that the English version will govern.

Infringement Indemnification

(a) Vidyo will defend or settle, at its expense, any action brought against Customer based upon the claim that the Software or Product, if used within the scope of the License granted under this Agreement, directly infringe a registered United States, European Union or Commonwealth patent or copyright; provided, however, that: (i) Customer shall notify Vidyo promptly in writing of any such claim; (ii) Customer shall not enter into any settlement or compromise any claim without Vidyo's prior written consent; (iii) Vidyo shall have sole control of any such action and settlement negotiations; and (iv) Customer shall provide Vidyo with information and assistance, at Vidyo's request, necessary to settle or defend such claim. Vidyo agrees to pay all damages and costs finally awarded against Customer attributable to such claim. The foregoing states the sole liability of Vidyo and the exclusive remedy of Customer for any infringement of intellectual property rights by the Product or any other items provided by Vidyo hereunder.(b) If the Product or Software becomes, or in the opinion of Vidyo may become, the subject of a claim of infringement of any third party right, Vidyo may, at its option and in its discretion: (i) procure for Customer the right to use the Product free of any liability; (ii) replace or modify the Product to make it non-infringing; or (iii) repurchase the applicable licenses or Products. (c) Customer will defend or settle, at its expense, any action brought against Vidyo based upon the claim that any modifications to the Product or combination of the Product with products infringes or violates any third party right; provided, however, that: (i) Vidyo shall notify Customer promptly in writing of any such claim; (ii) Vidyo shall not enter into any settlement or compromise any such claim without Customer's prior written consent; iii) Customer shall have sole control of any such action and settlement negotiations; and (iv) Vidyo shall provide Customer with information and assistance, at Customer's request and expense, necessary to settle or defend such claim. Customer agrees to pay all damages and costs finally awarded against Vidyo attributable to such claim.(d) Notwithstanding Subsection (a) above, Vidyo assumes no liability hereunder for, and shall have no obligation to defend Customer or to pay costs, damages or attorney's fees for, any claim based upon any modifications to the Product not provided by Vidyo or combination of the Product with other products.

Additional Terms that Apply to Experts on HealthTap

THESE ADDITIONAL TERMS APPLY TO HEALTHTAP MEDICAL EXPERTS ("ADDITIONAL EXPERT TERMS") WHEN USING HEALTHTAP AS A HEALTHTAP MEDICAL EXPERT. IF YOU ARE A HEALTHTAP MEDICAL EXPERT YOU AGREE TO ABIDE BY ALL HEALTHTAP TERMS OF USE, AND THAT WHERE AN ADDITIONAL EXPERT TERM CONTRADICTS A MEMBER TERM OF USE, THE ADDITIONAL EXPERT TERM SHALL PREVAIL. THESE ADDITIONAL EXPERT TERMS APPLY TO YOUR USE OF HEALTHTAP AS A HEALTHTAP MEDICAL EXPERT; IF YOU USE THE APPS AS A MEMBER, YOU AGREE TO ALL MEMBER TERMS OF USE.

Medical Experts: Information

As a HealthTap Medical Expert, you are required to register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your Public Profile. You consent to HealthTap’s use on or in connection with the Apps of your name, likeness, photograph, biographical information and other personal information provided by you to HealthTap or publicly available about you.

Medical Experts: doctors in Good Standing

Licensed doctors may apply to be and participate as Medical Experts on HealthTap. Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to HealthTap, as a Medical Expert on HealthTap. HealthTap may expand the network to include other licensed medical experts.

Medical Experts: You Can Control Your Expert Submissions

You retain the right to edit and delete your own Expert Submissions that appear in your Public Profile at any time. You also retain the right to use and create derivative works from your own Expert Submissions elsewhere (such as on your own practice website, blog, or in your own social media posts).

Medical Experts: Permission to Post and Use Expert Submissions

When a HealthTap Medical Expert submissions related to any HealthTap feature or function and made for publication on HealthTap (such as an answer to a question) (an "Expert Submission"), you grant HealthTap an unrestricted right without limitation to use, reproduce, extract data from or add data to, publish and post any such Expert Submissions, including in connection with or on HealthTap, including in connection with your name. This means that when you make such a submission to us, you are giving us rights to this content, including the right to post it on HealthTap and use it in connection with HealthTap. You also give us the right to give or transfer all rights granted herein to others. While Expert Submissions generally are posted to HealthTap, we do not have an obligation to post any particular Expert Submission on HealthTap and reserve the right, at our sole discretion and for any reason whatsoever (including but not limited to an Expert Submission being reported to us), to not post and/or to remove any Expert Submissions at any time.

Medical Experts: Rules when Submitting Expert Content

So that everyone can enjoy HealthTap, we have rules for Expert Public Submissions. By submitting content to HealthTap you agree to follow our rules for Expert Submissions to HealthTap.

Medical Experts: HealthTap Prime and Concierge

You will receive compensation for participating in HealthTap Prime and Concierge according to the Prime Additional Terms and Concierge Additional Terms and related agreements, which are incorporated herein by reference. When sign up for and deliver care through HealthTap Premium Services, you agree to abide by all of the terms of the applications you submit to, and the contractual agreements you enter into with, HealthTap or HealthTap Medical Group, P.C. related to those services (including any representations and warranties and terms governing indemnification and obligations).

Medical Experts: Insurance Submissions

If you agree to accept health insurance coverage for Concierge virtual consults with eligible patients (where available), you agree that HealthTap may submit the initial claim form on your behalf based on the completed consult SOAP note. By agreeing to accept this claim under insurance coverage (where available), you agree to assume all responsibility and liability for rejected claims, for collection of amounts due for such consults, and to hold HealthTap harmless from any and all claims, losses or harm related to any such consults or submissions. Where insurance claims are denied, for any reason, you understand and agree that you are solely responsible for any re-submission or appeal of claim denials, and that HealthTap is not involved in the claims re-submission process.

Medical Experts: Conflicts Disclosure Policy

Disclosure of Relationships with Industry

You agree to comply with this Conflicts Disclosure Policy ("CDP") when using HealthTap or making Expert Submissions. This CDP governs the disclosure of financial interests by HealthTap Medical Experts. Conflicts of interest can be financial and/or personal. As used in this policy, "Industry" means any company, entity, or third party that produces, manufactures, or distributes a pharmaceutical, medical device, implant, or other medical care-related product or service.

All Medical Experts with a material financial relationship with Industry must disclose such a relationship in any answer or other similar Content submitted to HealthTap when such Content mentions any product or service in which such an interest exists, with the following or similar language: "The author or poster of this content has a financial interest in a product or service mentioned herein."

No Posting Public Content for Pay

Medical Experts may not post Public Content on HealthTap in exchange for compensation of any kind, including but not limited to as a paid consultant to any entity (including any company or organization) or individual. Medical Experts should ensure that any conflict or potential conflict of interest does not affect or appear to affect his or her contributions of Content to the HealthTap. Medical Experts approved for HealthTap Premium Services may receive compensation for services rendered through HealthTap Premium Services.

No Posting of Content Written by Interested Parties

Medical Experts may not publish Content under their own names that is written in whole or material part by (a) parties with a financial interest in any product or service mentioned in the Content, or (b) employees of Industry. Accepting compensation for posting Content to Public Areas and/or posting ghostwriting by Interested Parties on HealthTap is prohibited.

Nuance End User Terms of Use

See more

By using Talk To Docs or other Apps that incorporate Nuance technology, you ("End User") agree to the following Nuance End User Terms of Use:

Definitions

"Access Method" means a direct access method, such as through a HyperText Transfer Protocol ("HTTP") that is provided by NUANCE and is used by LICENSEE to access the Service from the LICENSEE Product.
"Device"means an authorized device or platform as listed in the NDEV Program website, located at http://www.ndevmobile.com, which may be updated from time to time, that enables End Users to download the LICENSEE Product and access the Service
"End User" means a customer of LICENSEE that acquires a license to the LICENSEE Product for its own internal use and not for resale, sublicense or distribution to others.
"LICENSEE" shall mean HealthTap Inc. and any subsidiaries.
"LICENSEE Product" shall mean LICENSEE's software application which incorporates any part of the Software or uses an Access Method that is downloadable to a Device, and is licensed to End Users by LICENSEE or Resellers.
"Service" means NUANCE hosted services that transcribe short message dictation and free form search requests, and synthesizes text-to-speech requests, all of which are originated through the Software or Access Method.
"Software" shall mean the Nuance Mobile Speech Platform SDK software (if any), or an Access Method, which provides access to the Service, in executable code form, including, but not limited to all corrections, modifications, enhancements, or Updates, if any, thereto that LICENSOR may provide to LICENSEE under this Agreement.

Terms

LICENSE GRANT

LICENSEE (or Reseller) grants to End User a non-exclusive, non-transferable right and license to use the Software, as incorporated in to the LICENSEE Product, for the sole and limited purpose of accessing the Service.

PROPRIETARY RIGHTS; RESTRICTIONS

End User acknowledges that LICENSEE and its licensors retain all right, title and interest in and to the original, and any copies, of Software which is incorporated into the LICENSEE Product, and to the Service. Without limiting the generality of the foregoing, End User agrees not to: (a) submit any automated or recorded queries to the Service unless otherwise approved in writing by LICENSEE and its licensors; (b) use the Service for commercial use; (c) access the Service with software or means other than the Software; (d) copy, reproduce, distribute, or in any other manner duplicate the Software, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Software or Service, in whole or in part; (f) modify, port, translate, or create derivative works of the Software; (g) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Software or Service by any means; (h) remove any proprietary notices, labels or marks from the Software; (i) use the Service for purposes of comparison with or benchmarking against products or services made available by third parties; or (j) knowingly take any action that would cause any LICENSEE Product or Software to be placed in the public domain. The Software and Service may contain a copy of the Speex codec in executable form. End User acknowledge that use of the Speex codec is subject to the conditions and disclaimers listed in revised BSD license found at http://www.xiph.org/licenses/bsd/speex/. © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.

LIMITATION OF LIABILITY

LICENSEE AND ITS LICENSORS TOTAL LIABILITY TO END USER FOR ANY CLAIM ARISING UNDER THIS AGREEMENT OR OTHERWISE ARISING FROM THE TRANSACTIONS CONTEMPLATED HEREIN, REGARDLESS OF THE FORM OF ACTION WILL NOT EXCEED AGGREGATE FEES ACTUALLY PAID TO LICENSEE DURING THE ONE YEAR PERIOD PRECEDING SUCH CLAIM.

CONSEQUENTIAL DAMAGE

IN NO EVENT SHALL LICENSEE OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TRADEMARKS

Third-party trademarks, trade names, product names and logos (the "Trademarks") contained in or used by the Software, Access Methods, or Service are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by LICENSEE and its licensors with such company, or (ii) an endorsement or approval of such company of LICENSEE and its licensors and its products or services.

SPEECH DATA

(a) SPEECH DATA. As part of the Service, LICENSEE and/or its licensors collects and uses Speech Data, as defined below, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products. In accepting the terms and conditions of this Agreement, End User acknowledge, consent and agree that LICENSEE and/or its licensors may collect the Speech Data as part of the Service and that such information shall only be used by LICENSEE and/or its licensors or third parties acting under the direction of LICENSEE and/or its licensors, pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products. LICENSEE and/or its licensors will not use the information elements in any Speech Data for any purpose except as set forth above. "Speech Data" means the audio files, associated transcriptions and log files provided by End User hereunder or generated in connection with the Service.

(b) Any and all information that End User provide will remain confidential and may be disclosed by LICENSEE and its licensors, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by law, or in the event of a sale, merger or acquisition to another entity by LICENSEE or its licensors

Insurance

Date last modified: 1 February 2015

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Terms of Use

Note Regarding Changes to HealthTap's Terms of Use

What is this document?

Why should I read it?

Definitions

Introduction

HealthTap and HealthTap Premium Services

HealthTap is not for medical care

HealthTap Prime and Concierge may be used for limited medical care (as appropriate)

These Terms of Use are an Agreement

We May Update this Agreement

What We Do and What We Don't Do (HealthTap)

We Do Support Your Health Decisions (HealthTap)

We Don't Practice Medicine (HealthTap)

We Do Provide Access to Doctors for Care (HealthTap Prime and Concierge)

We Don't Create Doctor-Patient Relationships (HealthTap)

We Do Support Doctor-Patient Relationships (HealthTap Prime and Concierge)

We Aren't Your Doctor (HealthTap)

We Don't Provide Personal Diagnosis, Treatment or Prescriptions (HealthTap)

We're Not For Use in Emergencies

Remember...

Always consult your doctor

Always...

HealthTap Medical Experts

Independence of HealthTap Medical Experts

Children's Privacy

Your Account and Your Use of HealthTap

You are responsible for your account: keep your password and real name private.

Your use must be legal and you must be an adult to use HealthTap.

We'll send you notices and information.

Code of Conduct for Patients

Content and Services

HealthTap is a Free Service That Offers Paid Services

HealthTap is for personal use.

HealthTap must be used responsibly.

HealthTap may not be used for illegal purposes.

HealthTap does not make recommendations or endorsements.

HealthTap does not guarantee the accuracy of Third Party Content.

We are not responsible for anything outside of HealthTap.

You are responsible for your use of our Mobile Features.

You agree that we may send you limited personal information by email, SMS and mobile telephone notification.

Mandatory Removal of Content and Services

Use of Your Information

We respect the privacy of your personal information.

We cannot control external communications (including email, SMS, and notifications).

How is location information used?

Advertising

We Do Not Advertise.

International Users

Consent to Terms and Policies

Property Rights

HealthTap owns or has rights to the Content and Services.

You must ask our permission to use our Trademarks.

You agree not to infringe our Copyrights, Trademarks, Trade Secrets, Patents or other intellectual property rights.

You agree not to access, attempt to access, or use our Data without our Permission.

Contact us if you believe materials on our Apps infringe your copyright.

Submissions

You agree to abide by our Submission Guidelines

You give us rights in what you submit.

HealthTap Medical Experts

About HealthTap Medical Experts

Personally Identifiable Information

Our members have a right to the privacy of their identity.

All of our members are required to honor this Agreement.

Changes to this Agreement

We may update these Terms of Use.

Indemnification & Exclusions and Limitations

Exclusion of Warranties

Limitation of Liability of HealthTap

Use at your own risk

Specific limitation of liability regarding expert content on HealthTap.

Remedies

Arbitration

Licensed Content

Certain Content may be licensed from third-parties.

General Legal Terms

Trademarks

General Terms

Summary