1. Agreement Between You and HTH Worldwide
This website/wireless (mobile) service provides you with access to Highway to Health, Inc., d/b/a HTH Worldwide's (HTH's) range of global health and safety tools and services, including the following: (i) information about healthcare services in destinations around the World either directly through the HTH Website/Wireless (Mobile) Services or, in some cases, through an HTH Customer Service Representative (HTH Service Representative); (ii) the ability to research and, in some instances, access healthcare "Providers" which have accepted HTH's invitation to participate with HTH, utilizing HTH's proprietary, web and wireless/mobile based, provider search and, in some cases, appointment scheduling system, either directly through the HTH Website/wireless mobile access or, in some cases, through an HTH Service Representative; (iii) HTH's proprietary translation databases (drug and medical phrase); (iv) travel health center content; (v) information resources; and (vi) any other tools, services or resources developed or made available by HTH (collectively, any and all such tools, services and resources available on the HTH Website or accessible through wireless (mobile) services, whether now existing or developed in the future shall be referred to as "HTH Global Health & Safety Services"). Use of the HTH Global Health & Safety Services constitutes acceptance to the terms and conditions set forth herein.
As used in this Agreement, "Providers" means "healthcare providers" and includes (but is not limited to) individual physicians, physician groups, hospitals, clinics and health systems that participate in HTH's selected community of participating providers.
This Agreement will set forth the terms and conditions relating to your use of the HTH Website/Wireless (Mobile) Services, the Content and the HTH Global Health & Safety Services. You may register individually or you may include family members under your account. Any and all family members registered under your account shall be bound by the terms and conditions in this Agreement. You acknowledge, agree, and warrant that you will provide access to your Password only to your spouse and/or dependents and you agree that any user of your Password is bound by the terms set forth in this Agreement.
Upon completion of the site registration process, which includes acceptance of this Agreement, you will select a unique password ("Password"). Your Password shall serve as a personal, revocable, non-exclusive, non-transferable license to use the HTH Website/Wireless (Mobile) Services and HTH Global Health & Safety Services for the purposes which it is intended as described herein, conditioned on your continued compliance with the terms of this Agreement. You will be responsible for maintaining the confidentiality of the Password. You agree that you will not impersonate any other person or entity by posting communications using a false or misleading password or otherwise attempting to utilize the HTH Website/Wireless (Mobile) Services or HTH Global Health & Safety Services in an anonymous or unauthorized manner. Use of your Password, by any party, including but not limited to a spouse and/or dependents, at any time, shall constitute your consent to such use and such user's agreement to be bound by the terms and conditions of this Agreement. You agree to notify HTH immediately if you become aware of any loss or theft of your Password or any unauthorized use of your Password.
2. Use of the HTH Website/Wireless (Mobile) Services and HTH Global Health & Safety Services.
You agree not to use the HTH Website/Wireless (Mobile) Services for any purpose that is unlawful or prohibited by the terms and conditions of this Agreement. The HTH Website/Wireless (Mobile) Services contains valuable, proprietary content owned by HTH that is protected by state, federal, and international law, including, without limitation, copyright and trade secret laws. You may use such proprietary information solely in connection with the HTH Global Health and Safety Services. Any other use is strictly prohibited.
One feature of the HTH Global Health & Safety Services that may be available is the ability to communicate appointment requests to select Providers (the "Appointment Request Feature"). The Appointment Request Feature, when available, shall be provided solely to assist you to request and to schedule legitimate medical appointments with Providers. Any speculative, false or fraudulent appointment requests are strictly prohibited. You understand and agree that overuse or abuse of the Appointment Request Feature may result in your being denied access to the Appointment Request Feature.
3. Security of HTH's Website/Wireless (Mobile) Service; Use of the Internet/Wireless.
HTH makes reasonable efforts to maintain security of the HTH Website/Wireless (Mobile) Services. In some cases when utilizing the HTH Global Health & Safety Services, you will have the option to enter the HTH secure server and will therefore be protected by the Secure Socket Layer (SSL) technology, utilized by most popular browsers, including Netscape and Microsoft Explorer. This technology allows HTH to use advanced encryption tools to protect information transmitted between your computer/wireless (mobile device) and our server. Through encryption, the personal information you enter is converted into code so that it cannot be read as the information travels over the Internet/wireless providers. Despite HTH's reasonable efforts to maintain security, you acknowledge that use of the Internet/wireless networks is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Actual or attempted unauthorized use of the HTH Website/Wireless (Mobile) Services or the information provided by you or other parties in connection with the HTH Global Health & Safety Services may result in criminal and/or civil prosecution. For your protection, HTH reserves the right to view, to monitor, and to record activity on the HTH Website/Wireless (Mobile) Services without notice or permission from you. Any information obtained from monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity relating to the HTH Website/Wireless (Mobile) Services. HTH will also comply with all court orders involving requests for such information.
4. Confidentiality of Information; Authority to Release Information to Providers.
HTH acknowledges that, in connection with your use of the HTH Global Health & Safety Services, some of the information you will provide, either directly through the HTH Website/Wireless (Mobile) Services or to the HTH Service Representative, is personal. Any and all information which you provide shall be used by HTH solely in connection with the HTH Global Health & Safety Services.
You acknowledge that any and all information which you provide to HTH relating to an appointment request (either directly onto the HTH Website, through a wireless (mobile) device or to the HTH Service Representative) may be communicated (by phone, wireless (mobile) device, fax or e-mail using the Internet or wireless networks) to a Provider designated by you (which may include such Provider's office staff, appointment scheduling assistants, etc.). You acknowledge and understand that, despite the precautions set forth in this Agreement, HTH does not guarantee the confidentiality of such information.
Even though the information you provide to HTH and/or a Provider during the appointment request process may relate to your medical condition(s), you acknowledge and agree that such information shall not constitute a medical record. As a condition to and in consideration of your ability to utilize the HTH Global Health & Safety Services, you agree that HTH shall have the authority to release (by way of telephone, fax, wireless (mobile) device and/or e-mail using the Internet/wireless network) any and all information which you provide, of any nature whatsoever, including but not limited to information relating to any physical and mental conditions (including, if applicable, information relating to AIDS, HIV status, and/or your psychiatric records/information) to the Provider(s) which you designate, whether or not you are ultimately seen by such Provider.
In addition, you acknowledge that HTH Global Health & Safety Services contains personal information relating to your claims and claims history. You specifically acknowledge that any person that has access to your Password will have access to such claims information.
Notwithstanding any of the provisions of this Agreement, HTH's use and/or communication of your Protected Health Information (PHI) as such term is defined in the Health Insurance Portability and Accountability Act ("HIPAA"), as amended, shall be in conformance with HIPAA.
USE AND DISCLOSURE OF HEALTH INFORMATION - YOUR AUTHORIZATION TO RELEASE OF INFORMATION
You may be accessing HTH GH&SS through an agent or other referring entity that may have financial or other relationships with other general agents or referring parties. You hereby authorize the use or disclosure and receipt of your name and potentially other health information to any and all agents, their affiliated general agents or any other referring party (whether known or unknown to you) in connection with your purchase of access to the HTH GH&SS. This Authorization applies to your name and any other health information pertaining to any medical history, mental or physical condition and treatment received. This Authorization shall be valid from the date you accept you accept this Agreement. You acknowledge: (i) that you have the right not to agree to this authorization; (ii) that you may revoke this authorization at any time by providing written notice by electronic mail to firstname.lastname@example.org; (iii) your revocation will be effective upon receipt; (iv) you have a right to receive a copy of this authorization; (iv) neither treatment, payment, enrollment or eligibility for benefits will be conditioned on your providing or refusing to provide this authorization; (v) information disclosed pursuant to this authorization could be re-disclosed by the recipient and might no longer be protected by federal confidentiality law (HIPAA); (vi) you may inspect or obtain a copy of the health information that you am being asked to use or disclose.
5. Provider/Patient Relationship.
You understand that the HTH Global Health & Safety Services serve only as an intermediary function that facilitates connections between Providers and patients. You acknowledge that none of the Providers are employed by or affiliated with HTH, in any way, other than with respect to their agreement to accept requests for appointments from HTH. You acknowledge that the Providers are not obligated to satisfy your appointment requests and that HTH cannot guarantee that your appointment requests will be satisfied. In addition, you acknowledge that you are under no obligation to accept an appointment once it has been offered. You acknowledge and understand that, if you are in need of emergency medical services, you should contact the local emergency medical services. HTH cannot be relied upon to make appointments in any particular timeframe. You acknowledge that any Provider which you choose to see has the sole responsibility for the professional care provided to you. HTH assumes no responsibility or liability, of any nature whatsoever, for any claims, including, but not limited to, any medical malpractice claim, that may result from your interaction with a Provider.
You acknowledge and agree that HTH is not a medical referral service, and does not recommend or endorse any particular doctors, dentists, healthcare providers, hospitals, medical clinics, physician practices, or medical services of any kind. HTH does not offer advice regarding the quality or suitability of any particular medical treatment or remedy for any medical condition. Information on the HTH Website/Wireless (Mobile) Services or provided to you by an HTH Service Representative in conjunction with the HTH Global Health & Safety Services should not be construed, in any manner, as health or medical advice. You also understand that in inviting and accepting Providers for participation with HTH, HTH relies, in part, upon information provided by third-parties, including information provided by the Providers themselves. HTH is not and cannot be held liable or responsible for inaccurate, incomplete, or misleading information (collectively, "misinformation") given to it by third parties, whether or not HTH could have discovered such misinformation. HTH does not maintain malpractice insurance coverage on behalf of any of the Providers.
You understand that HTH is not responsible or liable for any costs, expenses, or charges, of any nature whatsoever, in connection with the professional services provided to you by a Provider. In addition, you understand that a Provider may, in some cases, require you to pay for professional services which are rendered, directly to the Provider, at the time such services are provided, in accordance with such Provider's customary fee schedule. Any such medical costs and/or insurance benefits are governed by the terms and conditions of you or your insurance policy, if any, not HTH.
Use of any of the information and data contained in the HTH Website/Wireless (Mobile) Services (all such information and data shall be referred to as the "Content"), use of the HTH Website/Wireless (Mobile) Services and use of the HTH Global Health & Safety Services is entirely at your own risk. The Content, the HTH Global Health & Safety Services and the HTH Website/Wireless (Mobile) Services are all provided "as is", without warranty of any kind, either express or implied, to the maximum extent permitted by applicable law, including without limitation: (1) any warranties concerning the accuracy, completeness, reliability or availability of Content, products, services or results; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose.
Utilization of the HTH Global Health & Safety Services and any of the Providers which participate with HTH or other entities referenced on the HTH Website/Wireless (Mobile) Services or in the Content or reliance upon any of the Content shall be at your sole discretion. Any references to Providers or other entities in the Content, on the HTH Website/Wireless (Mobile) Services, or in connection with the HTH Global Health & Safety Services, do not constitute or imply endorsements, recommendations or referrals by HTH. The Providers do not endorse the HTH Global Health & Safety Services or the Content and are not affiliated with and/or endorsed by each other. In addition, you acknowledge that the Content may not be comprehensive and that there may be healthcare services or healthcare providers other than those referenced in the HTH Website/Wireless (Mobile) Services, the Content or participating with HTH that meet your medical needs.
Neither HTH, nor any of its respective employees, agents, directors, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors and assigns will be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits, and damages that result from inconvenience, delay, or loss) arising out of use of, or inability to use, the Content, the HTH Global Health & Safety Services or the HTH Website/Wireless (Mobile) Services, even if HTH has been advised of the possibility of such damages or losses and regardless of whether such damages are caused by negligence, gross negligence, and/or recklessness. If, however, despite the exclusions contained in this paragraph, HTH should be found liable for any loss or damage which arises out of or is in any way connected with the use of the Content or the HTH Global Health & Safety Services, HTH's liability shall not exceed the amount of any fees paid by you to HTH in connection with the use of the Content or the HTH Global Health & Safety Services.
HTH expressly disclaims all representations and warranties and/or liability relating to all interactions, of any nature, you may have with any of the Providers or other entities referenced on the HTH Website/Wireless (Mobile) Services or participating with HTH. You agree to look solely to such Providers or entities, not HTH in regard to any legal claims of any nature or other matter whatsoever arising out of such interactions.
HTH is not liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, wireless network failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
The HTH Website/Wireless (Mobile) Services and/or the Content may contain links to websites operated by parties other than HTH. Such links are provided for your reference and convenience only. You acknowledge and understand that HTH does not control such websites and you agree that HTH is not responsible for the content of such websites. HTH's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association or affiliation of any nature with their operators by HTH.
All content on the HTH Website are: Copyright (c) 1998 - 2008 Highway to Health, Inc., One Radnor Corporate Center, Suite 100, Radnor, Pennsylvania 19087 U.S.A. and/or its suppliers. All rights reserved. HTH also owns a copyright in the HTH Website/Wireless (Mobile) Services as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of its content. Your use of the HTH Website/Wireless (Mobile) Services and the HTH Global Health & Safety Services is for your personal and noncommercial use. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the HTH Website/Wireless (Mobile) Services, with the following exception: You may display, print, and store one electronic copy of content provided for your personal use. You may not, without HTH's written permission, "mirror" any material contained on the HTH Website/Wireless (Mobile) Services on any other server.
The names of HTH products and/or services referenced in the Content or the HTH Global Health & Safety Services are trademarks/service marks or registered trademarks/service marks of HTH. Other product and company names mentioned herein may be the trademarks of their respective owners. Please be aware that HTH actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. You consent to the exclusive jurisdiction and venue of courts in Philadelphia, Pennsylvania, U.S.A., in all disputes arising out of or relating to the use of the HTH Global Health & Safety Services and/or the HTH Website/Wireless (Mobile) Services. Use of the HTH Global Health & Safety Services and/or the HTH Website/Wireless (Mobile) Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision that most closely matches the intent of the original provision and remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and HTH with respect to your use of the HTH Global Health & Safety Services and it supersedes all prior or contemporaneous communications of any nature between you and HTH. A printed version of this Agreement and of any notice given in electronic/wireless form shall be admissible in judicial or administrative proceedings based upon relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
In your individual capacity you: (i) represent and warrant that you are at least 18 years of age and that you possess the legal authority to enter into this Agreement (for you and on behalf of your spouse and/or dependents, if applicable) and to use the HTH Global Health & Safety Services in accordance with the terms and conditions of this Agreement; (ii) represent and warrant that all information supplied by you in registering and utilizing the HTH Global Health & Safety Services is true and accurate; and (iii) agree to supervise all usage of any party utilizing the HTH Global Health & Safety Services with your Password.
8. Term and Termination.
The terms and conditions of this Agreement will take effect upon execution (when you click on the button that reads "Yes, I Accept Use Agreement"). The term of this Agreement is for as long as your Password remains active.