Thank you for using our website.
Whenever you visit, use, or register on the Site, you are agreeing to these Terms of Agreement (Terms.) If you do not agree to these Terms, you are not permitted to use the Site. Please read the Terms carefully.
You must be at least 18 years old and legally competent to use the Site. To become a member and access the area on this Site reserved for members (the Member Area), HealPal Inc. requires that you are either a:
(a) Diagnosed patient of the particular community you are joining or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated.
(b) Caregiver for a patient eligible to join such community.
(c) Health care professional (e.g. doctor, nurse, health researcher, etc.) (d) guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants.
(e) Guest as authorized by a HealPalmember or employee.
(f) The Site is intended primarily for U.S. users. If you are not a resident of the U.S. :
1. We make no claim that information on the Site is appropriate or permissible in your country. Products and clinical studies discussed on the Site may have different product labeling and disclosure requirements in different countries;
HealPal reserves the right to make changes to the Site, Service, Terms and other policies. If HealPal makes material changes to these Terms or other policies, then HealPal will either notify you by email or by posting a notice on the Site prior to the effective date of the changes. HealPal will also indicate at the top of this page the date these Terms were last updated. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of January 1, 2016 and supersede all previous versions of HealPals Terms. If any condition shall be deemed invalid, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Service and the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Service or the Site.
The content, (which includes any text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material contained, accessed or entered on the Site (Content), on this Site is for educational/informational purposes only, and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care professional. Any communication between you and health care professionals on the Site or through the Service is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information or Content provided on the Site, whether or not it is provided by a health care professional, is solely at your own risk. You should always seek the advice of your physician or health care professional for any questions you may have about your own medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
We do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, opinions, products, or other information that may appear on the Site or on links reached through the Site.We have no control over any clinical trial or treatment described on the Site, and we cannot guarantee the accuracy of information about any clinical trial or treatment described on the Site. We are not liable for cancelled or unavailable clinical trials, your inability to participate in a clinical trial, or any consequences resulting from your participating or not participating in a clinical trial.
YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON THE SITE.
You may use the Service only to post reviews based on your personal experiences and to communicate with other community members about questions on cancer care and wellness. Except to the extent you are otherwise directly authorized by HealPal, you may use the Service only for personal, non-commercial uses, and may not use the Service to advertise or promote a product, service, procedure, business, health care professional, or other person.
For example, and without limiting the foregoing, you may not use the Service to post any reviews, questions, answers or other content:
Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.
Additionally, you may not:
We may tell you about certain specific harmful or additional prohibited uses in community guidelines, a code of conduct or other notice available through the Service. We have, however, no duty to do so. You agree to abide by any community guidelines, codes of conduct or other notices we provide. Without limiting the foregoing, you agree to abide by the healpal.me Community Guidelines. Any use of the Service other than as specifically authorized herein, without the prior written permission of HealPal, is strictly prohibited.
In addition, HealPal is not obligated to enforce these Terms against another user, health care professional or other third-party on your behalf. If you believe another user, health care professional or other third-party has violated these Terms, then please contact HealPal by using our dispute resolution form. HealPal reserves the right to investigate the matter and take whatever action HealPaldeems appropriate in its sole discretion.
User Content is content or information (including text, images, video, and audio) submitted or posted by users of the Site (including the Community Discussion services). HealPal does not control or pre-approve User Content and thus bears no responsibility for its accuracy, appropriateness, or quality. You agree that you must evaluate and bear all risks associated with any User Content, and you further agree that HealPal will be in no way liable for any User Content or any consequences of its inclusion or omission.
HealPal Patients nonetheless retains the right (but not the obligation) to refuse to post or delete any User Content available through the Site, if we believe, in our sole discretion, that the User Content violates the letter or spirit of these Terms or is objectionable for any reason. You agree that you have no recourse against us if we refuse to post, or if we delete or refuse to delete, any User Content.
HealPal may choose to delegate the task of managing Community Discussion services to external Community Managers or List Managers (collectively Community Managers.) These Community Managers will be authorized to refuse to post or delete any User Content if they believe, in their sole discretion, that the User Content violates these Terms or is objectionable for any reason. You agree that HealPal is not liable for the actions or omissions of Community Managers.
When you submit your own User Content to be posted on our Site, you must follow these rules:
(a) violate any law; infringe on any third partys legal rights or be capable of giving rise to legal action against you, us, or third parties;
(b) be obscene, indecent, or pornographic;
(c) infringe any copyright, trademark, or other intellectual property right;
(d) infringe any right of privacy or violate any confidentiality obligation;
(e) contain any negligent statement;
(f) incite the commission of a crime;
(g) be in breach of any contractual obligation owed to any person;
(h) be false or misleading;
(i) contain any instructions, advice or other information that could, if acted upon, cause illness, injury, death, or any other loss or damage;
(j) constitute spam;
(k) be offensive, blasphemous, threatening, harassing, defamatory, discriminatory or inflammatory;
(l) be likely to cause annoyance, inconvenience or needless anxiety to any person; or
(m) link to a page containing material that would violate these prohibitions.
You may choose to post information on the Community Discussion services or elsewhere on the Site about yourself or about someone else, such as a family member. If you post information about someone else, you must have that persons prior permission.
In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create a service account (Service Account). It is your responsibility to maintain the confidentiality of your account information, including your Service Account password. In addition, you are responsible for all activities that occur in connection with your Service Account. If you register and create an account, you must provide us with accurate information, and you will choose a password. You are responsible for maintaining the confidentiality of your password. You are not permitted to share your password with others, and you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other breach of security of which you are aware. HealPal will not be liable for any loss you or others may incur as a result of someone else using your account, either with or without your knowledge. You may not use anyone elses account.
You must tell us right away about anyone using your Service Account without your consent, or any security breach that relates to the Service or your Service Account. You agree to provide HealPal accurate, current and complete information about yourself as may be prompted in any registration forms on the Service and promptly update any such information to keep it accurate, current and complete. HealPal reserves the right to refuse the Service to anyone, including terminating your Service Account and/or preventing you from accessing the Service or your Service Account, with or without cause, at any time and in its sole discretion.
By using the Site or Service, you consent to receive emails from HealPal, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the My Profile section of the Site. You may change such preferences by changing your account settings on the email and notifications page of the My Account section of the Site or via the unsubscribe link in all commercial emails. Please note that as long as you maintain an account, you may not opt out of receiving service or account-related emails from HealPal.
For contractual purposes, you (a) consent to receive all communications from us, including any possible messages about security incidents, in electronic form via your account in the Site or via the email address you submit when you register, and (b) agree that all Terms, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
As a condition of using the Site, you agree that you will not use the Site in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
We do not claim ownership of such Submissions you post or submit.With the exception of any information you directly submit through a health care professionals profile or inquiry form, by posting or otherwise providing your Submission, you are expressly granting HealPal a nonexclusive, irrevocable, world-wide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Submission, in connection with the Service and HealPals business, including without limitation promoting and redistributing part or all of the Service or HealPals business, in any media formats and through any media channels now known or hereafter developed. You also grant HealPal permission to publish your name in connection with your Submission and to use your name, likeness and voice in connection with your Submission. In addition, by uploading Submissions to the HealPal website, you hereby waive any rights of privacy or publicity. You also grant HealPal the permission to grant any of the above rights to other persons or entities, including for the purpose of promoting the Service or HealPals business.
HealPal will not pay you for your Submission. HealPal may, in its sole discretion, refuse, or remove part or all of your Submissions from the Service at any time if HealPal considers the Submissions to be illegal, offensive, harassing, infringing, in appropriate or otherwise violates these Terms or HealPals Community Guidelines. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licenses and permissions in this section. We do not monitor user Submissions or disclose information about your Submissions to third parties. However, we may monitor your Submissions on or through the Service and may disclose information about you, including the contents of such Submissions, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other HealPal guidelines or policies; or (3) protect the rights, property, or interests of HealPal, its employees, its customers, or the public.
HealPal does not have any responsibility, including editorial control, of any content posted by other HealPal users, health care professionals or other third party content providers on the Site. The statements or content posted by HealPal users, health care professional or other third party content providers on the Site are those of the users, health care professional or other third party content providers and are not the opinion of HealPal. HealPal does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the HealPal users, health care professional or other third party content providers on the Site. The HealPal users, health care professionals and other third party content providers are solely responsible for the content posted by them respectively.
HealPal does not endorse or recommend any specific Content, procedures, products, opinions, health care professionals (including, but not limited to, doctors and dentists) or any other material or information available on the Site or through the Service. In addition, the health care professionals and specialists featured on the Site are not employees or independent contractors of HealPal.
There may be medical related or health related materials posted by HealPal users, health care professionals or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site or Service in such a way as to limit your viewing of this material.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify HealPal, Inc. at email@example.com.
Provide all of the following in writing :
(1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website;
(2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit HealPal to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Please provide the following information about the photograph or video in order for HealPal to be able to identify the photograph:
1) identify the photograph and provide HealPal with enough detail about the photograph so HealPal can locate it on the Site; (2) provide a statement that you have a good faith belief that the photograph is of you and was either not authorized to be uploaded, posted or submitted to HealPal or your health care professional had permission to upload, post or submit the photograph but you no longer want the photograph displayed on HealPal s Site; (3) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the person in the photograph or that you are authorized to act on behalf of the person in the photograph; (4) provide information reasonably sufficient to permit HealPal to contact you, such as an address, telephone number, and email address and (5) your physical or electronic signature.
We may automatically upload performance and usage data for evaluating the Service, the Site and the software associated with the Service and the Site. This data will not personally identify you.
We provide the Service as-is, with all faults and as available. The HealPal Parties disclaim all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workman like effort and non-infringement. IN ADDITION, IN NO EVENT SHALL HEALPAL BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES posted ON the site or available through the service.
HealPal grants you a limited, personal, recovable, nonassignable and nonexclusive license to use the Site and Service. HealPal owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site and Service (HealPal Content), excluding your content. HealPal owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the HealPal Content and the Service which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Service, any of HealPals Content in whole or in part, or HealPals website except as expressly authorized in writing by HealPal. In addition, HealPal does not grant any express or implied rights, and all rights in and to HealPals website, the Service and HealPals Content, are retained by HealPal.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HEALPAL PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF ANY OF THE HEALPAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS CONTRACT, THE AGGREGATE LIABILITY OF THE HEALPAL PARTIES TO YOU IN CONNECTION WITH THE SERVICE (INCLUDING ANY THIRD PARTY CONTENT ON THE SERVICE) AND THIS CONTRACT WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO HEALPAL FOR THE SERVICE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
We may change the Service, the Site or delete features at any time and for any reason. We are not obligated to provide maintenance, technical support or updates to you for the Service or Site, but we may provide these in our discretion. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. You may cancel the Service at any time, with or without cause, upon notice to us as specified in the customer support or contact us area for the Service. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. In addition, if you stop the Service or terminate your Service account, HealPal may continue to show some or all of your Submissions.
HealPal controls and operates the Site and the Service from the United States of America and HealPal makes no representation that the Content, Site or Service is appropriate, available or may be downloaded for use outside the United States of America. You are responsible for complying with all of your local laws. These Terms, the Site and the Service are governed by United States federal law and the laws of the State of California, excluding any conflicts of law provisions.
You agree to indemnify and hold harmless the HealPal Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, and any violation of this contract or of any law or the rights of any third party.
Any dispute, claim or controversy arising out of or relating to these Terms, HealPal, the Site or the Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. Judgment on the Award may be entered in any court having jurisdiction. Each of the partys shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either partys right to compel arbitration.
You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the firstname.lastname@example.org
This contract is in electronic form. There may be other information regarding the Service that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your ability to use the Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Service (or subsequently provided when updating your account information), (2) by access to a HealPal web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a HealPal web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Service, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
These Terms constitute the entire agreement between you and HealPal regarding the use of the Service or the Site, and supersedes any prior agreements between you and HealPal relating to your use of the Service or Site. The failure of HealPal to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The effective date of these Terms is January 1, 2016.
Last updated: January 1, 2016
We sincerely request our community members to uphold these simple rules of conduct , just as in real life.
Remember its all in our name: HEALPAL
Honest: Always be truthful and candid. Post your original opinions and experiences. Dont write reviews when you have any potential conflict of interest. For example: employees, friends or family of a provider, or paid (incentivized) reviews.Dont post copyrighted material or content from other websites.
Helpful: Always be ready to help another member in the HealPal community.Post useful content that is helpful to other members. It sis all for the greater good; help others as much as you can while enhancing your own.
Empathy: Always beunderstanding about the feelings, thoughts, and experience of others.
Encouraging: Always inspire courage, spirit and courage in others.
Authentic: Always be exactly who you claim to be.Dont impersonate others, share hearsay or gossip.
Available: Always be available and ready to help others. Accept invitations for connections after careful consideration. Making my own schedule and priorities secondary to the wishes of those I serve.
Loyal: Always be faithful and dependable to other members of the HealPal community.
Loving: Always have a deep personal attachment and affection for other members who are experiencing similar challenges in their cancer journey.
Passionate: Always be passionate about your own and others fight against cancer.
Persistent: Always carry on and fight with purpose, especially in spite of difficulties, obstacles, or discouragement
Accountable: Always beaccountable for your behavior to others and to your self.
Amiable: Always be good-natured and easy to get along with. Treat others like you want to be treated yourself.
Likable: Always be warm and pleasant to others.
Leader: Always be a leader in thought and action.
And above all,
BE GRACEFUL AND GRACIOUS
We are passionate in our fight against cancer. Our moral compass is to help cancer patients unconditionally. We will do everything humanly possible to make your experience safe, transparent and useful.
We are always open to hearing feedback. Please write to us at email@example.com Some of our best improvements have been suggested by HealPal community members.
We reserve the right to modify these guidelines at any time without notification.