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Terms and Conditions

Terms of Service

Last Modified: April 16, 2015

Anchor Acceptance of the Terms of Service

Welcome to the website of MyMedMatch, Inc. dba Utilize Health ("Utilize Health", "we" or "us"). The following terms and conditions (these "Terms of Service"), govern your access to and use of utilizehealth.co, including any content, functionality and services offered on or through utilizehealth.co (the "Website").

Please read the Terms of Service carefully before you start to use the Website. By clicking to accept or agree to the Terms of Service when signing up for an account, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you will not have access or use of the Website.

If you are registering an account or using the Website on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual's or entity's behalf.

No Medical Advice

Utilize Health makes this site available to provide access to health-related resources. Nothing in this site is intended to be used for medical diagnosis or treatment. Always seek the advice of your physician before beginning any new treatment or if you have any questions regarding a medical condition. The content that you obtain from the Website is for informational purposes only.

This Website is not intended, and must not be taken, to be the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care, in any jurisdiction. Utilize health is not responsible for information provided by health information content providers, third party sites linked to by the Website, or third-party sites, and does not make any representations regarding the content, accuracy, or timeliness of any of such information.

THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS FROM UTILIZE HEALTH, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE WEBSITE.

Utilize Health does not recommend or endorse any specific facilities, providers, procedures, opinions, or other information that may appear through the Web Site. If you rely on any content provided through the Web Site, you do so solely at your own risk.

You are strongly advised to perform your own investigation prior to selecting a provider by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular provider by confirming with the provider's office, your current providers, the medical association(s) relevant to the provider's specialty and your state medical board(s).

YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER.

Authorized Users

You must be 18 years of age or over to register with us or use the Website. If you are between the ages of 13 and 18 you can use the Website only under the supervision of a parent or guardian who has agreed to these Terms of Service. If you are under the age of 13, you may not use this Website.

If you register for an account in the name of a corporate entity, you represent that you have full corporate power and authority to enter into these Terms of Service on behalf of the entity and to bind the entity to the obligations in these Terms of Service. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you shall not be provided access to use the Website and you shall not otherwise access or use the Website.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you. For certain types of updates and revisions, we may decide, in our sole discretion, to notify you of such changes via email or other method of written notice.

Accessing the Website and Account Security

You are responsible for:

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website as your agent or through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

You will be provided with a username and password to access the Website. You must treat your username, password or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and your entity and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. We have the right to disable any account, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, images, visualizations, video and audio, and the design, selection and arrangement thereof), are owned by Utilize Health, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Utilize Health. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Trademarks

The Utilize Health name, Utilize Health logo and all related names, logos, product and service names, designs and slogans are trademarks of Utilize Health, or its affiliates or licensors. You must not use such marks without the prior written permission of Utilize Health. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

User Contributions

You represent and warrant that you own or control all rights in and to any content including, without limitation, all data contained on invoices posted to the Website and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors and assigns and that all content posted to the Website complies with these Terms of Service.

You understand and acknowledge that you are responsible for any content you submit or contribute to the Website, and you, not Utilize Health, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Your content and contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations must not infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; be likely to deceive any person; or impersonate any person, or misrepresent your identity or affiliation with any person or organization.

We are not responsible, or liable to any third party, for the content or accuracy of any content, including, without limitation, all data contained on invoices, posted by any other user of the Website.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

To transmit, or procure the sending of, any advertising or promotional material except as explicitly authorized under your account settings or otherwise authorized by Utilize Health. "Junk mail", "chain letters" or "spam" or any other similar solicitation is strictly prohibited.

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Utilize Health or users of the Website or expose them to liability.

Additionally, you agree not to:

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Introduce any viruses, worms, or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Use any device, service or routine, or otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

This Website includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Utilize Health, are solely the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

International Restrictions

The owner of the Website is based in the state of Tennessee in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UTILIZE HEALTH NOR ANY PERSON ASSOCIATED WITH UTILIZE HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER UTILIZE HEALTH NOR ANYONE ASSOCIATED WITH UTILIZE HEALTH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

UTILIZE HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL UTILIZE HEALTH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS OR UNDER ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES.

UTILIZE HEALTH’S MAXIMUM TOTAL LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, IS LIMITED TO ALL FEES PAID BY YOU TO UTILIZE HEALTH DURING THE SIX MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law, Legal Disputes and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of Davidson County, Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Utilize Health of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Utilize Health to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy as well as any SaaS Subscription Agreement with Utilize Health constitutes the entire agreements between you and Utilize Health, with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. In the event of a conflict between a SaaS Subscription Agreement and these Terms of Use, the SaaS Subscription Agreement will govern.

Conditions

Utilize Health is an Internet advertiser and web-based platform which matches individuals seeking treatment, rehabilitation or therapy for the physical conditions we cover with health care facilities and providers. Utilize Health makes this site available to provide access to health-related resources.

Utilize Health is not a healthcare provider and nothing herein is intended, and must not be taken, to be the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care, in any jurisdiction. Utilize Health does not recommend or endorse any specific facilities, providers, procedures, opinions, or other information that may appear through the web site. If you rely on any content provided through the web site, you do so solely at your own risk.

YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER.

An individual ("patient") is matched with healthcare facilities and providers based on matching responses in both the Patient and Facility questionnaires. Matches identify healthcare facilities and providers as either "Partner Facilities" or "Non-Partner Facilities".

Each "Partner Facility" has paid a participation fee to Utilize Health to be identified as a Partner Facility and to complete a Facility questionnaire furnishing information about its facilities, equipment, personnel and therapies. Fees are set and uniformly assessed against all Partner Facilities. Fees paid by a Partner Facility do not depend in any way on whether a potential patient decides to become a patient of that Partner Facility.

A "Non-Partner Facility" does not pay a participation fee and the information about these facilities and providers is taken from public sources and is not confirmed or verified by the facility or provider.

Partner Facilities have furnished us with detailed information in their Facility questionnaire responses and are more likely to be listed higher on the match listings than Non-Partner Facilities.

Utilize Health selects health care facilities and providers to participate as a "Partner Facility" based on the following criteria which is self-reported to us by the "Partner Facility":

have facilities, equipment and personnel necessary to furnish therapy services for the health conditions we serve;

is authorized to conduct its business under the laws of the state in which the facility or provider is located; and

is located in the geographic areas currently covered by Utilize Health.

Utilize Health will exclude or remove a healthcare facility or provider as a participating Partner Facility based on failure to pay participation fee or failure to meet the criteria required to be a Partner Facility (as described above).

Utilize Health's website is publicly accessible and not directed at any particular potential patient visiting the website. The use of Utilize Health's matching service by potential patients is unrestricted. All potential patients utilizing our matching services receive the same service.