Disclaimer & User Agreement
This User Agreement and Disclaimeris effective as of Jan 9, 2011. Your continued use of the Site after such timewill signify your acceptance of this User Agreement.
Welcome to HealthTechnolgy.com– the branded business website of Bonsai America, Inc., including our corporate subsidiaries (collectively "HealthTechnology","we", "HP.com", Health Technology, HealthTechnolgy.com, InsuranceTechnolgy.com "Bonsai", ";Bonsai America" or ";us"). This page explains the terms by which you may use our web site, web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by HealthTechnolgy.com(collectively the "Site"). By accessing or using the Site you signify that you have read, understood, and agree to be boundby the following User Agreement and Disclaimer ("User Agreement" or this "Agreement" or this "Disclaimer"), which includes and herebyincorporates by reference the agreements and policies referenced in this User Agreement or Disclaimer or linked from the following URL: HealthTechnolgy.com. (Collectively the "Terms of Service"). We may make such revisions without prior notice to you, soplease check back often for updates. Unless otherwise provided in such revision, the revised User Agreement or Terms of Service, or part thereof, will take effect when they are posted.
Service Scope, Eligibility&SITE SERVICES
HealthTechnolgy.com make the Site available as an online venue where clients for professional services ("Client(s)") and providers of professional services ("Provider(s)") identify each other and work together online as well as offline to complete, invoice, and pay for jobs ("Jobs").
Clients: Insurance Carriers, Insurance Companies, HealthCare Payers, TPA, Insurance Consulting Companies Post Jobs and Requests for Proposals, identify, interview, negotiate contract terms, hire, manage engagements, rate and pay Providers.
Providers: BPO Providers, Technology Providers, System Providers, Staffing Providers etc. Create profiles, advertise capabilities, submit proposals, interview, negotiate contract terms, gethired, manage engagements, invoice, get rated and receive payment from Clients.
HealthTechnolgy.com may remove Postings without notice that does not comply with this requirement. HealthTechnolgy.com retains the sole discretion to determine whether or not to allow a company to use the Service (either a non-registered "walk-up" user or as a registered user). The Services is for business users only, and You may not use it for consumer purchases or sales.
HealthTechnolgy.com Business Scope
Health Technology.com business scope will focus on (but not be limited to):
HealthCare IT Products
- Medicare IT Systems
- Health Claims Systems
- TPA & Employee Benefit Systems
- Business Intelligence (BI) Systems
- Web Portal / Intake Systems
- Policy Admin Systems (PAS)
- Document Management Systems
- Electronic Health Records (EHR/EMR) Systems
- CRM Systems
HealthCare IT Services
- Application Development (ADM)
- System Integration (SI&T)
- Website Development (Web 2.0)
- Mobile Health (mHealth)
- TPA & Clinical Services
- Health Analytics
- HealthCare BPO & PBM Services
- Employee Benefit Services
- HealthCare Call Center
RELATIONSHIP BETWEEN CLIENTS AND PARTNERS / PROVIDERS
The dealing, contracting and fulfillment of a Job are between a Client and a Provider. Upon Client’s awardand Provider’s acceptance of a Job on the Site, Client agrees to purchase, and Provider agrees to deliver,the Provider Services in accordance with the Contract Agreement. (MSA, SOW). Conflicts in the Contract shall be resolved in as per the Services Agreement.
Client is responsible for managing, inspecting, accepting and paying for satisfactory Provider Services inaccordance with the Master Service Agreement (MSA) and Statement of Work (SOW) in a timely manner. Provider is responsible for the performance andquality of the Provider Services in accordance with the Contract in a timely manner andprofessional manner, consistent with industry practice, at a location, place and time that Provider deemsappropriate. The manner and means that Provider chooses to perform the Job are in Provider’s solediscretion and control. In performing the Job, Provider agrees to provide its own equipment, tools, and othermaterials at its own expense. Client and Provider each covenants and agrees to act with good faith and fairdealing in performance of the Member Contract.
Client is responsible for managing, inspecting, accepting and paying for satisfactory Provider Services inaccordance with the Contract in a timely manner. Provider is responsible for the performance andquality of the Provider Services in accordance with the Contract in a timely manner. Client andProvider each covenants and agrees to act with good faith and fair dealing in performance of the Contract. Client and Provider each acknowledges and agrees that it is its responsibility to understand therequirements for each Job.
Client and Provider each acknowledges and agrees that their relationship is that of independent contractors.The Provider shall perform the Provider Services as an independent contractor and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employer-employeerelationship between Provider and Client or between HealthTechnolgy.com and any Provider or Client.
RELATIONSHIP WITH HEALTHTECHNOLGY.COM
HealthTechnolgy.com is Not a Party to Jobs
HealthTechnolgy.com is not a party to the dealing, contracting and fulfillment of a Job between a Client and a Provider,including the Provider Services. HealthTechnolgy.com has no control over and does not guarantee the quality, safety orlegality of Provider Services advertised, the truth or accuracy of Job listings, the qualifications, background,or abilities of Members, the ability of Providers to deliver Provider Services, the ability of Clients to pay forProvider Services, or that a Client or Provider can or will actually complete a transaction.
HealthTechnolgy.com is not required to and does not verify any information given to us by Providers, nor does HealthTechnolgy.com perform background checks on Providers. However, HealthTechnolgy.com may provide information about a Provider, suchas geographical location, or third party valuations based on data given to us by the Provideror a third party. Such information is provided for the solely for the convenience of Clients and is not anendorsement or recommendation by HealthTechnolgy.com
This Agreement and any registration for or subsequent use of this Site will not be construed as creating orimplying any relationship of agency, franchise, partnership or joint venture between you and HealthTechnolgy.com, exceptand solely to the extent expressly stated.
All information that You provide to HealthTechnolgy.com must be accurate (e.g., Your name, address, and credit charge information (if applied), email, phone etc), whether supplied during the registration or otherwise ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to HealthTechnolgy.comby logging into Your Service account and providing the correct information to HealthTechnolgy.com.
HealthTechnolgy.com services are absolutely free to the end Clients (Insurance Carriers and Insurance Consulting Companies). HealthTechnolgy.com earns its remuneration from the Service Providers, who are accepted by the clients to deliver the services. Clients will pay directly to the Service Provider/s as per the Master Service Agreement (MSA) and Statement of Work (SOW) signed between Client and Service Provider/s.
PERIOD OF EXCLUSIVITY
Clients: You acknowledge and agree that HealthTechnolgy.com earnsits Service Fee / Earnings on all payments you make to a Provider till the project runs. As a Client, you also agree to notify HealthTechnolgy.com immediately if your Provider solicits direct deal with you.
Providers: By visiting or using the Site, or by communicating with Clients identified through the Site or through us via mail or phone, youagree payHealthTechnolgy.com pre-agreed remuneration (commission / finder fee) for payments received from Clients. You acknowledge and agree that HealthTechnolgy.com will earn its Service Fee on all payments you receivefrom the Client till the project (deal) runs. As a Provider, you also agree to notify HealthTechnolgy.com immediately if your Client seeks to work directly with you or has a payment issue.
MEMBER ELIGIBILITY AND OBLIGATIONS
To access Site Services through our Site, you must be a legal entity, or an individual in business 18 years orolder who can form legally binding contracts. To register for an Account with HealthTechnolgy.com and become a Member,you must accept all of the terms and conditions in, and linked to, this Agreement. By becoming a Member,you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines describedthroughout the Site; (b) be financially responsible for your use of the Site and the purchase or delivery ofProvider Services; and (c) perform your obligations as specified by any Member Contract that you accept,unless such obligations are prohibited by law or by this Agreement. HealthTechnolgy.com reserves the right in its solediscretion to refuse, suspend, or terminate service to anyone for any reason or no reason.
Communicating with You
Any communication sent via email by HealthTechnolgy.com to the designated contact(s) You provide during the registration process shall constitute valid notice from HealthTechnolgy.com to You. You acknowledge and agree to keep HealthTechnolgy.com informed in a timely manner of any change in the designated contacts or their correct email addresses. HealthTechnolgy.com is entitled to rely on the validity of the contact information (email addresses, fax number, or otherwise) for the designated contacts You provide HealthTechnolgy.com, even if HealthTechnolgy.com receives an automated response email indicating that the email might not or did not reach its intended recipient.
Your Communications with other Users or Non-users
If You learn about a Posting or Projects while using HealthTechnolgy.com Services, any response You submit to the Posting or Projects must be submitted via us. In addition, You must not contact other users or non-users with unwelcome solicitations (such as so-called "spam"). If HealthTechnolgy.com receives complaints that you have engaged in such contact, HealthTechnolgy.com may suspend or terminate Your account (without any notice or refund).
To become a Member and access Site Services through our Site you must register for an "Account." Youagree to provide true, accurate and complete information as prompted by the registration form and all formsyou access on the Site, and to update this information to maintain its truthfulness, accuracy andcompleteness. You cannot register for more than one Client Account and one Provider Account withoutexpress written permission from HealthTechnolgy.com.in.Your HealthTechnolgy.com Account (including feedback) and username are not transferable, and any transfer or attemptedtransfer to another party is null and void.
Payment by card
If HealthTechnolgy.com allows You to pay with a payment card (whether a debit card, credit card, or other electronic payment card accepted by HealthTechnolgy.com(each referred to herein as a "Card"), You agree to provide HealthTechnolgy.com with accurate and sufficient information (including the name on the Card, the account number and date of expiration, the security code, and other authorization details as we may require to enable HealthTechnolgy.comto charge the Card for the invoiced amount due under this Agreement. By authorizing HealthTechnolgy.com to charge Your Card, You agree that HealthTechnolgy.com may automatically charge that Card (or any replacement Card if the original Card is renewed, lost, stolen, or changed for any reason by the Card-issuing entity, and You or such entity informs HealthTechnolgy.com of such new replacement Card account) for the Service Fees at the then-applicable rate, as well as fees for optional services selected by You (in any case as reflected on the invoice) until You change or cancel Your authorization.
You agree that Your subscription to optional services is continuous and that you will be invoiced and charged accordingly at HealthTechnolgy.com then-current rates, unless You notify HealthTechnolgy.com at least five (5) days prior to the invoice payment date that you wish to cancel Your subscription. If your notification is not received at least ten (10) days prior to the invoice payment date, HealthTechnolgy.com will not have sufficient time to cancel the charge and such amount will be non-refundable. At the time of renewal, You agree that HealthTechnolgy.com may automatically subscribe You to the optional service level that corresponds to your then-current usage of the optional service.
Other Charges; Failure to Pay
If You fail to pay any fees or Taxes (for example, if Your Card payment is invalidated), You agree that HealthTechnolgy.com may bill such fees, Taxes, and late charges to Your Card or send an invoice directly to You. If You have not paid the fees or Taxes on time, You acknowledge that Your Service Use may be suspended or canceled by HealthTechnolgy.com. HealthTechnolgy.com may assign unpaid late balances to a collection agency for collection. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.
USERNAMES AND PASSWORDS
When a Member registers an Account, the Member will be asked to choose a username and password forthe Account. As a Member, you agree and you are entirely responsible to safeguard and maintain the confidentiality ofthe username and password you use to access this Site. You agree to notify us immediately if you suspect or become aware of any unauthorized use ofthe Account or any related Team Account or access to your password or the password of any User of yourAccount or any related Team Account.
Your Obligations Regarding User Names, Passwords, and Data. You will be solely responsible for:
Keeping Your user name and password confidential. You shall notify .HealthTechnolgy.com immediately upon learning of any unauthorized use of Your user name or password. For any instruction, communication, or other information ("Transmission") HealthTechnolgy.com receives from someone using your user name and password, HealthTechnolgy.com is entitled to consider such Transmission as having been sent by You.
Complying with all applicable privacy, consumer and other laws and regulations with respect to Your (i) provision, use and disclosure of the Billing Data; and, (ii) use of the Service.
Publicity & Confidentiality
Publicity. The Service seeks to help buyers and suppliers to find one another, extend their network, and do business. This involves publicizing users, and thus You should assume that anything you submit to the Service ("Data") may be publicized, except Sensitive Information (see below). Note, for example, that if You provide a "Business Contact," that person’s name, phone and email address will be visible to other companies using the Service.
Ratings. The Service may contain a feature that allows users to provide ratings on their experience with other users via the Service. For more information about this feature, see About Ratings. You consent to HealthTechnolgy.comdisplay of the ratings HealthTechnolgy.comreceives about You. You acknowledge that HealthTechnolgy.comis not the author of the ratings, has not contributed to it, and is not responsible for such ratings (even if HealthTechnolgy.comelects to monitor or remove some content contributed by users).
Sensitive Information. Certain information You submit to the Service will not be publicized: credit card information (to be used by HealthTechnolgy.comto bill You); bid amount information (which will be disclosed to the company you offered the bid amount); and the contents of a response to a Supplier HealthTechnolgy.com Posting ("Posting") You submit (which will be disclosed to the company running the event). HealthTechnolgy.comunderstands the sensitive nature of the Sensitive Information that You may provide while using the Service. Please also see the Privacy Statement, which is incorporated into this Agreement, for more information about how HealthTechnolgy.com handles information.
Your Access to Other Users’ Information. Due to the very public nature of the Service and its directory of companies, You may be allowed to access various information about other users. If You collect any of the user information accessible on the Service, You must remove such users’ information from your records if they request You to do so. In addition, under no circumstances, can You disclose personally identifiable information about another user to any third party without HealthTechnolgy.comconsent and the consent of such other user. Note that law enforcement personnel are given different rights with respect to the information they access.
Confidentiality of HealthTechnolgy.com information. Information (but not Your Data) about the processing of the Service’s processing capabilities, Service technology, Service interface features, and the notices and updates sent by HealthTechnolgy.com to You are proprietary and confidential information of HealthTechnolgy.comand You hereby agree not to share such information with third parties not using the Service nor use such information except to support Your Service Use.
Directory of Providers
The Site contains a directory of Providers. The directory is populated with information from third-partysources, from Providers themselves, and from other Members. HealthTechnolgy.com provides this directory as aconvenience and does not confirm or verify the information contained in it.
Verification and Monitoring
HealthTechnolgy.com makes available to Members on the Site various services provided by third parties to verify aMember’s credentials, provide testing services, or provide information. Any opinions, advice, statements,services, offers or other information or content expressed or made available by these third parties or anyother Members are those of the respective author(s) or distributor(s) and not of HealthTechnolgy.com. HealthTechnolgy.com neitherendorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statementmade on the Site by anyone other than authorized HealthTechnolgy.com employees acting in their official capacities.
This Site may contain links to third party Web sites, services, or resources. Such Web sites, services, andresources are owned and operated by the third-parties and/or Providers and their licensors. Your accessand use of those Web sites, services, and/or resources, including online communication services such aschat, email and calls, will be governed by the terms and policies of the applicable Web site, service, orresource or Provider. You acknowledge and agree that HealthTechnolgy.comis not responsible or liable for: (i) theavailability or accuracy of such sites, services, or resources; or (ii) the content, advertising, or products on oravailable from such sites, services, or resources.
LICENSES AND SITE ACCESS
Access and Interference
Visitors and Users must access Secure Areas through browsers employing an encryption level of at leastone hundred twenty eight (128) bits. You understand and agree to immediately stop using or accessingSecure Areas if your browser does not support such a level of encryption. If your browser does not allowsuch encryption then you may be blocked from using the Site.
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper orother automated means to access the Site for any purpose without our express written permission.Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our solediscretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce,modify, create derivative works from, distribute, or publicly display any content (other than content you havesubmitted to the Site) from the Site, any software code that is part of the Site, or any services that areoffered on the Site without the prior express written permission of HealthTechnolgy.com and the appropriate third party, asapplicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activitiesconducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or anysubparts of the Site including without limitation features that prevent or restrict use or copying of any contentor enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or otherunsolicited communications; (f) attempt to interfere with, compromise the system integrity or security ordecipher any transmissions to or from the servers running the Site; (g) upload invalid data, viruses, worms,or other software agents through or to the Site; "Streaming" means a contemporaneous digitaltransmission of an audiovisual work via the Internet from the Site to a User’s device in such a manner thatthe data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, orredistributed by the User.
Some areas of the Site may allow Users to post feedback, comments, questions, and other information("User Content"). You are solely responsible for your User Content that you upload, publish, display, link toor otherwise make available (hereinafter, "post") through the Site, and you agree that we are only acting asa passive conduit for your online distribution and publication of your User Content. You understand thatwhether or not such User Content is published, HealthTechnolgy.com does not guarantee any confidentiality with respect toany User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury,emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person,or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks toharm or exploit children by exposing them to inappropriate content, asking for personally identifiable detailsor otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content thatwe deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive ofpersonal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous,threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal(including, without limitation, the disclosure of insider information under securities law or of another party’strade secrets); (vii) contains any information or content that you do not have a right to make available underany law or under contractual or fiduciary relationships; or You understandthat publishing your User Content on the Service is not a substitute for registering it with the U.S. CopyrightOffice, the Writer’s Guild of America, or any other rights organization.
HealthTechnolgy.com is not responsible for any public display or misuse of your User Content. Youunderstand and acknowledge that you may be exposed to User Content that is inaccurate, offensive,indecent, objectionable, or inappropriate for children, and you agree that HealthTechnolgy.com shall not be liable for anydamages you allege to incur as a result of such User Content.
Additional User Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it.In connection with your User Content, you affirm, represent and warrant, in addition to the otherrepresentations and warranties in this Agreement, the following:
a. You are at least 18 years of age or a legal entity and are fully able and competent to enter into theterms, conditions, obligations, affirmations, representations, and warranties set forth in thisAgreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content touse such person’s name or likeness in the manner contemplated by the Site and this Agreement,and each such person has released you from any liability that may arise in relation to such use.
HealthTechnolgy.com, located in Jersey City, New Jersey, is the provider of the electronic commercial service on this Site.Members are notified, via this Site, in advance regarding any applicable service charges. The ComplaintAssistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in New Jerseymay be contacted. Uponyour request, you may have this Agreement sent to you by email. Please feel free to contact HealthTechnolgy.com to resolve a complaint regarding any aspect of service relating to this Site by writing to the above address, or contact us at Customer Support.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
You are responsible for creation, storage, and backup of your business records. This Agreement and anyregistration for or subsequent use of the Site will not be construed as creating any responsibility on HealthTechnolgy.com part to store, backup, retain, or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secureyour personal information from accidental loss and from unauthorized access, use, alteration or disclosure.However, we cannot guarantee that unauthorized third parties will never be able to defeat those measuresor use your personal information for improper purposes. You acknowledge that you provide your personalinformation, or information about the entity that you represent, at your own risk.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BELIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOTLIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OURLIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDEDUNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHERTHEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OFSERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TOWHICH THE LIABILITY RELATES.
If you have a dispute with another Member, you release HealthTechnolgy.com(and our officers, directors, agents,subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential)of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
YOU HEREBY WAIVE New Jersey CIVIL CODE (AND ANY ANALOGOUS LAW IN ANY OTHERAPPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMSWHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OFEXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HISSETTLEMENT WITH THE DEBTOR."
You agree to defend, hold harmless and indemnify HealthTechnolgy.comfrom and against any and all losses, costs,expenses, damages or other liabilities incurred by HealthTechnolgy.comfrom and against any cost, liability, loss, damage,cause of action, claim, suit, proceeding, demand or action brought by a third party against HealthTechnolgy.com: (a) inconnection with your use of the Site Services including any payment obligations incurred through use of theSite Services; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply credit information viathe Site, including personal financial information; (iii) your decision to submit postings and accept offers fromother Members; (iv) any breach of contract or other claims made by Members with which you conductedbusiness through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising fromthe tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by anyMember with which you conducted business through the Site; (viii) any act or omission of yours with respectto the payment of fees to any Provider.
System Integrity, Data Integrity, Data Storage.
System Integrity. Concerning Your Service Use, You agree not to knowingly: (i) interfere with or attempt to interfere with the proper working of the Service; (ii) post or transmit to the Service (including but not limited to posting a website address) any unlawful, fraudulent, harassing, libelous, or obscene Content; (iii) post or send to the Service any Content that contains a virus, bug, cancelbot, worm, Trojan Horse or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, or reverse engineer the Service; or (v) take any action which imposes an unreasonable or disproportionately large load on the Service. Since most Content on the Service will be sent to the Service by third parties or You, You also understand that HealthTechnolgy.com cannot and does not guarantee or warrant that such Content will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. HealthTechnolgy.comreserves the right to remove any Content or website address you post to the Service, without notice, in HealthTechnolgy.com sole discretion.
Data Integrity. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of lost data. See our Privacy Statement to learn how to update Your contact information.
Storage of Data. The Service will allow You to access Data You send to or receive from the Service for a limited period of time, as described on the Service. You are solely responsible for saving all of Your Data, and HealthTechnolgy.com is not responsible for data retention beyond its regular operating processes. Therefore, You should take proactive measures to store Your Data within Your own computers, in order to preserve the accessibility of such Data beyond the period in which the Data is posted on the Service. Note that if You are inactive on the Service for over six months, HealthTechnolgy.com may remove your account and its associated Data.
No Load Testing without Advance Consent. You agree to not perform, without HealthTechnolgy.com advance consent, any load testing on the Service, even if it is performed using test accounts.
RESOLUTION OF DISPUTES BETWEEN CLIENT OR PROVIDER AND HEALTHTECHNOLGY.COM
If a dispute arises between you and HealthTechnolgy.com, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, you and HealthTechnolgy.comagree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the HealthTechnolgy.comServices (a "Claim") in accordance with this section entitled "Resolution of Disputes between Client or Provider and HealthTechnolgy.com." Before resorting to these alternatives, you agree to first contact HealthTechnolgy.comdirectly to seek dispute assistance.
Law and Forum for Disputes
This Agreement is governed in all respects by the laws of the State of New Jersey without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against HealthTechnolgy.com must be resolved by a court located in Hudson County, New Jersey, or as described in the Arbitration Option paragraph below. You hereby submit to the exclusive personal jurisdiction of the courts located within Hudson County, New Jersey for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.
For any claim arising between you and HealthTechnolgy.com(excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the ADR provider will specify whether the arbitration will be conducted by telephone, online, or solely based on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
Improperly Filed Claims
Should you file a claim contrary to this section entitled "Resolution of Disputes Between Member and HealthTechnolgy.com," HealthTechnolgy.com will be entitled to recover attorneys’ fees and costs up to $2,000, provided that HealthTechnolgy.com has notified you in accordance with this Agreement of the improperly filed claim, and you have failed to promptly withdraw the claim.
TERM; TERMINATION AND SUSPENSION
This Agreement shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your Account is terminated by HealthTechnolgy.com or you as provided for under the terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by this Agreement at any time upon notice to the other party. In such event, your Account is automatically terminated and (i) HealthTechnolgy.com shall continue to perform those HealthTechnolgy.comServices necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to HealthTechnolgy.com for any Site Services and to any Providers for any Provider Services. Any termination of an Account will automatically lead to the termination of all related Team Accounts, and any termination of a Team Account gives HealthTechnolgy.com the right to terminate any or all related Accounts and Team Accounts.
Without limiting HealthTechnolgy.com other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site or linked here; (b) we suspect or become aware that you have provided false or misleading information to us. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
HealthTechnolgy.com reserves the right to terminate any User access, Account, or Job for any reason or no reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and proposals. The sections entitled RELATIONSHIP BETWEEN CLIENTS AND PROVIDERS," RELATIONSHIP WITH HealthTechnolgy.com,"HealthTechnolgy.com FEES," PERIOD OF EXCLUSIVITY," THIRD-PARTY CONTENT,"LICENSES AND SITE ACCESS,"RESOLUTION OF DISPUTES BETWEEN MEMBER AND HealthTechnolgy.com," TERM; TERMINATION AND SUSPENSION," DISCLAIMERS, LIMITATIONS AND EXCLUSIONS," NOTICES AND COMMUNICATIONS," MISCELLANEOUS,"CERTAIN DEFINED TERMS," and the Site Policies entitled Billing and Payment Service Policy," and Dispute Resolution Process," will all survive termination of the contractual agreement between us.
NOTICES AND COMMUNICATIONS
Communications from HealthTechnolgy.comto you
Unless you otherwise indicate in writing to Customer Support, HealthTechnolgy.comwill communicate with you by email orby posting communications on the Site. You consent to receive communications from us electronically andyou agree that these electronic communications satisfy any legal requirement that such communications bein writing. You will be considered to have received a communication when HealthTechnolgy.comsends it to the emailaddress you have provided to HealthTechnolgy.comon the Site, or when HealthTechnolgy.com posts such communication on the Site.You must keep your email address updated on this Site, and you must regularly check this Site for postings.If you fail to respond to an email message from HealthTechnolgy.comregarding violation, dispute or complaint within twobusiness days, HealthTechnolgy.com has the right to terminate or suspend your Job or your Account.
MISCELLANEOUS TERMS AND CONDITIONS
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents ofthis Site may not be legal for or by certain persons or in certain countries. HealthTechnolgy.com will not be considered tohave modified or waived any of our rights or remedies under this Agreement unless the modification orwaiver is in writing and signed by an authorized representative of HealthTechnolgy.com. No delay or omission by HealthTechnolgy.cominexercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partialexercise of a right or remedy will not preclude further exercise of any other right or remedy.You will not transfer, assign or delegate your rights or obligations (including your Account) under thisAgreement to anyone without the express written permission of HealthTechnolgy.com, and any attempt to do so will be nulland void. HealthTechnolgy.commay assign this Agreement in its sole discretion.
This Agreement, together with any other legal notices and agreements published by HealthTechnolgy.comvia the Site,shall constitute the entire agreement between you and HealthTechnolgy.comconcerning the Site. If any provision of thisAgreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall notaffect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.The Site is controlled and operated from its facilities in the United States. Youmay not use or access the Site if you are a resident of a country embargoed by the United States, or are aforeign person or entity blocked or denied by the United States government. Unless otherwise explicitlystated, all materials found on the Site are solely directed to individuals, companies, or other entities locatedin the United States.
The boldface paragraph headings in this Agreement are included for ease of reference only and have nobinding effect. This Agreement and all documents referenced in this Agreement (including the Terms ofService available by hyperlink above) comprise the entire agreement between you and HealthTechnolgy.com with respectto the use of this Site and supersede all prior agreements between the parties regarding the subject mattercontained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linkedfrom this Site. For convenience, this Agreement may be displayed in HTML and/or PDF versions. In theevent of any inconsistency between such versions, the PDF version will govern.
Claims of Copyright Infringement
HealthTechnolgy.com considers itself an online service provider under Subsection 512(c) of the Digital Millennium Copyright Act, Title 17 of the U.S. Code and has this notice in place toaddress claims of copyright infringement on HealthTechnolgy.com internet services. If you believe that material on anHealthTechnolgy.com website or service infringes your copyright, you may submit a notification to HealthTechnolgy.com designated agent to receive copyright notices:
Please provide the following information with your notification:
- The name and contact information of the complaining party,
- Sufficient information to identify the copyrighted work or works,
- The allegedly infringing material and its location on an HealthTechnolgy.com website or service,
- A statement by the rights holder that it has a good faith belief that there is no legal basis for the use of the materials complained of,
- A statement of the accuracy of the notification and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rights holder, and
HealthTechnolgy.com will take reasonable steps to identify, and deny access to HealthTechnolgy.com internet services by, individuals who are repeat offenders of other’s copyrights.
If you wish to report a violation of the Terms of Service, have any questions or need assistance, please
contact HealthTechnolgy.com Support as follows:
|Bonsai America, Inc.
|New Jersey - HQ
20 2nd Street,
Jersey City, NJ 07302
|New York – Branch Office
40 West, 25th Street,
6th Floor, 6th Avenue,
|Phone: +1 201.258.4704 / 646.644.3049 / 347.836.4514 |
Fax: +1 201.604.3480 |