Terms and Conditions for HealthyBid
HEALTHYBID TERMS OF USE
Effective 9/05/08
Your agreement with HealthyBid
As a registered user of HealthyBid, your use of HealthyBid is governed by
this agreement. In order to receive a login id and password, you must
read and agree to the terms and conditions set forth in this agreement.
Your account and use of HealthyBid
You must provide complete and accurate information in order to register
with HealthyBid. As a registered user, you are responsible for the
security of your password and authorizing the use of your account. You
must immediately notify HealthyBid of any concern if you believe there
has been unauthorized use of your password or account. Please notify us
at support@healthybid.com.
Your use of HealthyBid and any content accessed through HealthyBid must
comply with all applicable laws and regulations. You may not interfere
with or disrupt the proper operation of HealthyBid.
Services Agreement
The HealthyBid Site site and Services services are free to providers As a
HealthyBid Provider provider of health care services, you are receiving
free marketing, advertising and access to the HealthyBid network of
health care consumers. In exchange, you opt-in to our ongoing
communication programs with your practice and agree to receive targeted
marketing services based upon your profile and use of the HealthyBid
Site.
You agree to participate in the HealthyBid community and have patient
reviews posted on your profile page. These reviews may be positive,
neutral or negative. You or your designee will always have an opportunity
to engage in the review process by providing feedback of your own. Any
reviews that are proven to be fraudulent will be removed from the site at
the discretion of HealthyBid following notification by the Provider. The
review dispute process will be documented and available before reviews
are authorized. In order for a consumer to review a provider, s/he must
have made contact through HealthyBid and been given an "invitation" link
to provide feedback. The public at large will not have access to provide
ratings without such an "invitation".
Use of your information
When you provide your information to HealthyBid, you give HealthyBid a
license to use, publish and distribute that information in connection
with HealthyBid Services, and you give HealthyBid the right to publish
your logo and trademarks on your behalf. HealthyBid owns the database of
information about each provider.
Pricing
As defined in the HealthyBid process, each HealthyBid Provider will
identify their degree (MD or DO), speciality, the tests, services and
procedures offered, and the cash price for each procedure. As a
HealthyBid provider, you agree to take full responsibility for your
pricing and agree to guarantee your published rates for a period of 30
days following acceptance of your bid by a HealthyBid user. If you
violate the terms of the pricing agreement, we reserve the right to
immediately terminate your participation in the program.
Additional Terms
Your use of HealthyBid and the content contained on the Site is subject
to additional terms that further govern your use of HealthyBid including
our Privacy Policy. We reserve the right to add additional terms in the
future as we deem appropriate. As with material changes to the Terms of
Use, you will be notified of material additional terms via email and will
have the right to terminate your agreement with us and cancel your
registration if you do not agree with additional terms.
Automated Tools
You may not use any scraper, spider, robot or any other automated method
to access the Site or Services for any purpose. You agree not to violate
these policies and acknowledge that a violation may result in termination
of your registration and access to the site.
Termination of your use of HealthyBid
HealthyBid may modify the HealthyBid site or services, and may
immediately and summarily suspend or terminate your use of HealthyBid if
you fail to comply with this agreement and we reserve the right to
terminate this agreement based on feedback received from patients or
state medical boards or other governing bodies.
HealthyBid Proprietary Rights
HealthyBid owns all proprietary rights to the information contained on
the HealthyBid Site. HealthyBid grants you a personal, revocable,
non-assignable, and non-exclusive license to use HealthyBid, the Site and
Services.
Changes to this agreement
The HealthyBid Terms of Service agreement governs your relationship with
us. HealthyBid may change this agreement as we deem appropriate and will
post the agreement and the effective date on the site. Registered users
of HealthyBid will be notified of the material changes by the email
supplied in the registration. Non-material changes will be posted on the
site and identified by the effective date. If you do not agree with the
changes to the Terms of Use you must discontinue the use of the Site and
cancel your registration. Your continued use of HealthyBid after the
effective date of the modified Terms of Use will constitute your
acceptance of the modified agreement.
Links to other Sites
HealthyBid may supply our users with links to other sites including links
that may result from searches for information. The links are provided for
information and convenience and do not mean that HealthyBid agrees with,
or endorses the information supplied through the links. You acknowledge
and agree that HealthyBid is not responsible for the content provided or
the accuracy of these sites.
Limitation of Medical Advice
HEALTHYBID DOES NOT OFFER MEDICAL ADVICE. THE CONTENT ON THE HEALTHYBID
SITE AND THE SERVICES OFFERED ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY.
YOU SHOULD NOT RELY ON THE INFORMATION CONTAINED ON THE SITE AS ADVICE,
AND SHOULD NOT REPLACE OR SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, AND
TREATMENT. THE ACCESS OR USE OF THE SITE DOES NOT CONSTITUTE THE
ESTABLISHMENT OF A PHYSICIAN/PATIENT OR CONFIDENTIAL RELATIONSHIP OR ANY
OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON OUR PART.
HEALTHYBID DOES NOT RECOMMEND OR ENDORSE ANY PROCEDURE, TEST, PHYSICIAN,
OPINION OR MEDICAL CARE PROVIDER AND YOU USE THE INFORMATION ON THE SITE
AT YOUR OWN RISK. HEALTHYBID ASSUMES NO RESPONSIBILITY FOR HIPPA
COMPLIANCE ON THE PART OF HEALTH CARE PROVIDERS.
Indemnification
You will defend or settle any third-party claim against HealthyBid; and
indemnify, and hold harmless HealthyBid, our employees, officers,
directors, providers, or any licensors from all liabilities, claims and
expenses including attorney's fees, arising out of or related to your use
or misuse of the HealthyBid Site and services. Furthermore, it is the
responsibility of the provider to verify that the patient is an
appropriate candidate for the procedure and to secure any remaining
payment obligations.
Exclusion of Warranties
THE HEALTHYBID SITE AND THE RELATED SERVICES ARE PROVIDED "AS IS" AND
"WITH ALL FAULTS". WE, OUR LICENSORS AND SUPPLIERS MAKE NO EXPRESS
WARRANTIES, AND EACH OF THEM DISCLAIM ALL IMPLIED WARRANTIES. TO THE
EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS AND SUPPLIERS DISCLAIM ALL
IMPLIED WARRANTIES OF MARCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. HEALTHYBID AND OUR LICENSORS AND SUPPLIERS
DO NOT GUARANTEE THAT RESULTS FROM THE USE OF OUR SERVICES WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, NOR DO WE, OUR LICENSORS AND SUPPLIERS
MAKE ANY WARRANTY THAT THE CONTENT IN HEALTHYBID SATISFIES GOVERNMENTAL
REGULATIONS REQUIREING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG
PRODUCTS. CONTENT ON THE HEALTHYBID SITE DEVELOPED FOR USE WITHIN THE
UNITED STATES, WE DO NOT MAKE ANY REPRESENTATION CONCERNING THE CONTENT
OR ITS USE OUTIDE OF THE UNITED STATES.
Limitation of Liability
NEITHER YOU NOR HEALTHYBID MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR
ANY DAMAGES OTHER THAN DIRECT DAMAGES EVEN IF WE KNEW OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR THAT DIRECT DAMAGES ARE NOT A
SATISFACTORY REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH
US IS THE CANCELLATION OF YOUR REGISTRATION. THE LIMITATIONS IN THIS
SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR
JURISDICTION AND SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Assignment
We may assign this contract as part of the sale to, merger with, or other
transfer of our organization to another entity. We will notify all
registered users of a transfer of ownership via email in order to offer
the opportunity of discontinuing your use of the site by cancelling your
registration. Registered users of HealthyBid may not assign this
agreement to another person or entity.