TERMS OF USE

Acceptance of Terms

Your use of HealthGoal 360 is acceptance of these Terms of Use and represents the same effect as physically signing an agreement. We have the right to amend these Terms of Use at any time without notice to you by posting the revised Terms of Use on the HealthGoal 360. You agree that you are bound by those changes by continuing to use HealthGoal 360. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE HEALTHGOAL 360.

Use Of Site

HealthGoal360 is a personal health platform that lets you gather, edit, add to, store, and share health information about you and your family online. HealthGoal360 also allows you to share your health information with family, friends, health care professionals, mobile phone applications, health-related devices, and online tools. HealthGoal360 also allows providers, if authorized by their patients, to view information about their patients. It may be necessary for patients to authorize disclosure of information by the provider to HealthGoal360. Click Here if you wish to obtain a copy of a model authorization form.

Furthermore, HealthGoal 360 may provide information regarding different treatment, disease processes or other health related information. This other information on HealthGoal 360 is for informational and educational purposes only and is not intended as a substitute for medical professional help, advice, diagnosis, treatment or hands on training experience. Providers who post information or instructional materials on HealthGoal 360 are not providing health care services through the use of HealthGoal 360.

Use of, or posting of information, images or educational materials on, HealthGoal 360 does not constitute establishment of a physician-patient or clinical relationship with any individual, nor establishment or offer to enter into a business relationship with any medical professional, institution or organization.

Finally, HealthGoal 360 may allow you access to certain blogs, chat rooms, wikis or other social media or interactive sites (collectively, “Social Media Sites”). Use of Social Media Sites is governed by our Code of Conduct and these Terms of Use. Your use of such Social Media Sites is totally voluntarily and information that you may post on such Social Media Sites shall be considered to be available to the public in accordance with our Privacy Policy.

We may add, change, remove, suspend of discontinue any aspect of HealthGoal 360 at any time without notice. We may also impose limits on certain features of services or restrict access to parts or all of HealthGoal 360 at any time without notice or liability.

Any reliance on any information provided by HealthGoal 360 or individuals using HealthGoal 360 is solely at your own risk. HealthGoal 360 is not liable for any adverse events which occur from use of the HealthGoal 360 or as a result of any medical conditions you may have.

Accounts and Passwords

You agree to use HealthGoal 360 and submit information at your own risk. You will have a User ID and password to access HealthGoal 360 and your files in it. The User ID and Password are for your use only. Do not share your User ID or Password with any other party, temporarily or permanently. If someone learns your User ID and Password, they will be able to access your health information and may disclose such information to other third parties. [In addition, a person who knows your User ID and Password will be able to communicate with your health care team as if that person were you]. You bear sole responsibility for the confidentiality of your password to HealthGoal 360. If you User ID and Password are lost or stolen or you have any reason to believe that there has been an unauthorized access to your HealthGoal 360 account, contact admin at admin@healthgoal360.com.

Accuracy

We do not warrant, and are not liable for, the accuracy, completeness, timeliness or usefulness of information, opinions, services or other information provided through the HealthGoal 360 or on the Internet generally. We shall not independently review or verify the accuracy or completeness of the information shared on the HealthGoal 360. We retain the right to, and shall, remove any posts that we consider inflammatory, inappropriate or inconsistent with HealthGoal 360 policies.

The information on the HealthGoal 360 may be changed periodically without prior notice. All content on the HealthGoal 360 is provided "as is." Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Your sole and exclusive remedy for dissatisfaction with the HealthGoal 360 is to stop using the HealthGoal 360.

Links to Other Sites

This site may include links to other sites that are not owned by or under our control and we are not responsible for, and make no representations, warranties, endorsements or recommendations with respect to the usefulness, availability or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites. Furthermore, the information, opinions, and advice (if any) in articles posted on, or linked to, HealthGoal 360 are solely those of the author.

Posting Information

From time to time, HealthGoal 360 may allow for posting on Social Media Sites. HealthGoal 360, its affiliates and representatives do not endorse the content posted in Social Media Sites. Company reserves the right, but is not obligated, to delete, move, alter or edit you or other users may post, in whole or in part, for any reason in our sole discretion. HealthGoal 360 reserves the right to suspend or terminate your access to HealthGoal 360 and pursue all legal remedies if we believe you have breached the requirements under this Terms of Use or the Code of Conduct. You acknowledge and agree that you are prohibited from accepting payment for information you may post including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in the information you post.

All information you post is your sole responsibility. This means that you, and not HealthGoal 360, are entirely responsible for all of the information you upload, post, e-mail, display, transmit or otherwise make available or accessible via HealthGoal 360. If you post personal information in the Social Media Sites or on other publicly available areas of HealthGoal 360, you may receive unsolicited messages from third parties. HealthGoal 360 disclaims any security of any information you post on publicly available areas of HealthGoal 360. Under no circumstances will HealthGoal 360, its affiliates or representatives be liable in any way for any information you post including, but not limited to, any errors, defects, inaccuracies, omissions or currency in the information you post, or for any losses of any kind incurred as a result of, resulting from or in connection with information you post, including confidentiality of information you post. You agree that you are solely liable for any and all claims, demands, investigations, losses, judgments, settlements, including attorneys’ fees, connected to, resulting from, related to or arising from your breach of any representation or warranty herein, or other violation of the terms of these Terms of Use or the Code of Conduct. You represent and warrant that you are at least 13 years old.

You agree that HealthGoal 360, its affiliates and representatives will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, access, store, copy, reproduce, rearrange, sell, lease, rent, distribute, redistribute, modify, alter, display, archive, sub-license, transfer, post, translate, create derivative works, assign, encumber, convey, download, exchange, exhibit, exploit, upload, transmit, broadcast, host, index, cache, tag, encode, compile, form a collection with, or publicize or adapt, reverse engineer, disassemble, decompile, modify or attempt to discover any source or object code any of the information you post, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever (including for advertising, marketing, publicity, commercial purposes, promotional purposes), in any jurisdiction throughout the world, including, without limitation, developing, manufacturing and marketing products using the information you post. You agree and understand that HealthGoal 360 its affiliates, and representatives are not obligated to use the information you post through HealthGoal 360 or otherwise, and may alternatively choose to discard, and limit or block access to the information you post without any liability whatsoever.

You acknowledge that HealthGoal 360 undertakes no obligation to pre-screen the information you post, but that it has the right, in its sole discretion to modify, transmit over various networks, refuse, move, block access to or remove any of the information you post. Since HealthGoal 360 may not pre-screen user generated content, you may bear legal responsibility for others’ exposure to any questionable content in the information you post.

Adverse Technical Events

All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, we assume no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this HealthGoal 360 or sites accessed through this site.

Adverse Technical Events

HEALTHGOAL 360 INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM HEALTHGOAL 360, ARE PROVIDED “AS IS,” “AS AVAILABLE, ” AND “WITH ALL FAULTS.” HEALTHGOAL 360 ITS AFFILIATES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY USE OR INABILITY TO USE OF, AND EACH MAKE NO REPRESENTATION OR WARRANTY OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT,: (A) THE WEB SITES; (B) THE CONTENT, USER UPLOAD INFORMATION AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITES OR ANY LINKED SITE.

HEALTHGOAL 360 DOES NOT REPRESENT OR WARRANT THAT HEALTHGOAL 360, ANY OF THE WEB SITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT YOUR ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, HEALTHGOAL 360, ITS AFFILIATES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR SUCH EVENTS AND SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES OR THE CONTENT.

FURTHER, HEALTHGOAL 360, ITS AFFILIATES AND COMPANY REPRESENTATIVES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE OR THOSE RELATING TO LEGALITY, ACCURACY, AUTHENTICITY, RELIABILITY, SUFFICIENCY, TRUTH, SUITABILITY, QUALITY, VALIDITY, TIMELINESS, COMPLETENESS, ADEQUACY, OR CURRENCY. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE HEALTHGOAL 360, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS HEALTHGOAL 360 AND/OR ANY MATERIAL LINKED THROUGH THE HEALTHGOAL 360.

Copyright and Trademarks

All content included on the HealthGoal 360 including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), in any form including the compilation thereof, are proprietary to HealthGoal 360 and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by HealthGoal 360 and Content owned or controlled by third parties and licensed to HealthGoal 360. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the HealthGoal 360 for personal use and are not authorized to reproduce, sell or exploit the HealthGoal 360 or content of the HealthGoal 360 for commercial purposes. You may link your site to the HealthGoal 360, however, HealthGoal 360 does not wish to be linked to or from any third-party site or link which contains (1) any information that misrepresents the nature of our relationship with HealthGoal 360, or incorrect facts or data about HealthGoal 360; (2) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, or indecent information of any kind, (3) any information or other material which violates or infringes upon the rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HealthGoal 360’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HealthGoal 360’s copyright agent for notice of claims of copyright infringement on or regarding the HealthGoal 360 can be reached as follows:

Promotions

HealthGoal 360 may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion

Indemnification

You agree to indemnify and hold harmless HealthGoal 360 and its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over the HealthGoal 360, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms of Use or your use of the HealthGoal 360 or any products, services or information obtained from the HealthGoal 360.

Choice of Law

By using the HealthGoal 360, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between you and HealthGoal 360. You agree and expressly consent to the exercise of personal jurisdiction in the courts of New Jersey, in connection with any claim involving the HealthGoal 360.

Privacy Policy

Our use of your personal information and your responsibilities in connection with protecting your privacy are described in the Privacy Policy, which is incorporated by reference into these Terms of Use.

Termination

You understand and agree that HealthGoal 360 will determine your compliance with these Terms of Use in its sole discretion. HealthGoal 360 reserves the right to terminate this Agreement at any time and/or deny access to all or part of HealthGoal 360 and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms of Use may be referred to law enforcement authorities. Upon termination of your user account or access to HealthGoal 360, or upon demand by HealthGoal 360, you must destroy all materials obtained from HealthGoal 360 and all related documentation. HealthGoal 360 may terminate these Terms of Use and your access to HealthGoal 360 at any time for any reason without prior notice.