Term and Conditions

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.

This terms applies when visiting, www.healthwix.com (the “Website”), which is owned by HEALTHNEST, LLC (“ HEALTHNEST”).

Healthwix is free application that helps patients to find their healthcare providers or healthcare facility with contact information and organize them into "my care team" or "my facilities list" Users can take notes associated with their providers or facilities.

Users can rate their providers and average rating results will be displayed on privider search results.

Users can create their facilities visit chart, hospitalization episode chart. Users also will be able to create their health form with their allergies, medical and surgical problems history. There is an ability to generate health summary into portable document format ( pdf) and send it to an e-mail.

Healthwix is not a healthcare provider. Healthwix has no control over and does not guarantee the existence, quality or safety of services, or products.

Using the Healthwix you will not:

- Post, list or upload content or items which Healhwix determines to be inappropriate;
- Violate any laws, third party rights or policies
- Transfer your account and user ID to another party

If we believe or discover that you are wrongfully using Healthwix we may, in our sole discretion, take such steps to prevent and stop such abuse by limiting, suspending, or terminating your user account(s). and access to our Services. We may remove hosted content, and any special status associated with your account(s), and we may also take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

Disclosure of Information:

Healtwix reserves the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement, regulators, or other third parties. Healthwix may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP address, traffic information, usage history, and posted content.

Listing Conditions:

You are responsible for the accuracy of information provided on your profile. You are responsible to keep accurate information on your profile.

Password Security:

Your password may be used only to access Healthwix use the Services. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party and are solely responsible for any use of or transaction on Healthwix . If your password is compromised, you must immediately change your password.

Authorization to Contact You; Recording Calls:

You agree to receive calls, including autodialed and/or pre-recorded message calls, from Healthwix at any of the telephone numbers (including mobile telephone numbers) you have provided to Healthwix , or that Healthwix has obtained from third parties or collected by our efforts. If the telephone number that we have obtained is a mobile telephone number, you consent to receive SMS or other text messages. Standard telephone minute and text charges may apply if Healthwix contacts you at a mobile number or device. You agree Healthwix may contact you for reasons relating to your account or your use of our Services or as authorized by applicable law or to contact you for marketing, promotional, or other reasons.

INDEMNIFICATION:

YOU agree to indemnify, defend and hold harmless Healthwix and its officers, directors, members, managers, shareholders, employees, successors and assigns from and against all losses, liabilities, claims, demands, causes of action, damages, costs, including reasonable attorney’s fees, and expenses of every kind and nature, whether or not covered by insurance, arising out of, resulting from or caused by, in whole or in part, any act, omission, negligence or fault of Healthwix , its agents or employees in connection with this Agreement, including but not limited to those in connection with loss of life, bodily injury, personal injury, damage to property, any liability for fines or penalties for violations of any statutes, ordinances, codes, rules, regulations or standards applicable to this Agreement and any liability for copyright, trademark or patent infringement. Your obligation to indemnify, defend and hold harmless Healthwix shall survive the termination of this Agreement.

Disclaimer of Warranties; Limitation of Liability:

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to Healthwix or our Services. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" basis.

ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:

YOUR USE OF OR YOUR INABILITY TO USE OUR SERVICES;
DELAYS OR DISRUPTIONS IN OUR SERVICES;
VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING, OR LINKING TO, OUR SERVICES;
GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES;
DAMAGE TO YOUR HARDWARE DEVICES FROM THE USE OF THE Healthwix SERVICES;
SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT.

IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER PARTY AS A RESULT OF A TRANSACTION INVOLVING Healthwix , YOU AGREE TO RELEASE AND INDEMNIFY Healthwix FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

HEALTHWIX shall not be liable for any failure or deficiency in the performance of the Services for any reason whether such reason be maintenance, breakdown or any event beyond HEALTHWIX's reasonable control including, without limitation: fire, Internet outage, interruption of service, labor disturbance, natural disaster, technological disaster, terrorism, or war. You acknowledge that data conversion and transmission is subject to the likelihood of human and machine errors.

HEALTHWIX shall not be liable for any such errors, omissions, delays, or losses. You understand and agree that use of or connection to the Internet through the Services and/or use of mobile devices is inherently insecure and that connection to the Internet and/or use of mobile devices provides opportunity for unauthorized access by a third party to computer systems, mobile devices, networks, and any and all information stored therein. All information transmitted and received through the Services, the Internet, or through mobile devices is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. HEALTHWIX shall not be responsible for any adverse consequences whatsoever of Your connection to or use of the Services, the Internet, or mobile devices, and shall not be responsible for any use by You of an Internet connection in violation of any law, rule, or regulation, or any violation of the intellectual property rights of another

Any Content available on or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Neither the Content nor any other service offered by or through the Services is intended to be substituted for medical diagnosis or treatment. HEALTHWIX does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on or transmitted through the Services (regardless if the foregoing is mentioned or transmitted by healthcare providers, insurance providers, or similar professionals or organizations). Your reliance upon any information obtained or used by You is solely at Your own risk. HEALTHWIX is not responsible for the accuracy of any information or content provided or sent by You or other users of the Services, including Your physician, other healthcare providers, insurance providers, or their representatives. You are responsible for verifying the accuracy of any information You send or receive through the Services,

Compliance with Laws; Transmission of Data:

With respect to its operation of the Services, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the regulations promulgated thereunder, and (ii) the Health Information Technology for Economic and Clinical Health Act ("HITECH") and any regulations promulgated thereunder (HIPAA and HITECH are collectively referred to herein as the "Privacy Laws"), HEALTHWIX will fully comply with the Privacy Laws applicable to business associates and maintain the confidentiality of any Protected Health Information (as defined by the Privacy Laws) ("PHI") transmitted or made available through the functionality of the Services or the Affiliated Services.

Applicable Law:

The laws of the Commonwealth of Pennsylvania govern these Terms Of Use and all of the terms and conditions, contained herein.

Entire Agreement:

No Agency; Third-Party Beneficiary:

Nothing in this document will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. Nothing expressed or mentioned in or implied from this document is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Marketplace Terms Of Use.

Severability:

If any provision of this document shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Geographical Restrictions:

Healthwix makes no representation that all products, services and/or material contained on the application, or the Services available through Healthwix , are appropriate or available everywhere.

Agreement to be bound:

By clicking “Agree” you acknowledge that you have read and understand these terms of use and you agree to be bound by these terms contained herein