Terms of Service 2017-09-05T17:46:00+00:00

Human Health Project (HHP) Terms of Service

This document represents a legal document that serves as our Terms of Service. It governs the legal terms of our Service, www.humanhealthproject.org (“Website”), along with any associated subdomains and applications and the services offered by them (collectively, “Service”). The Service is owned and operated by Human Health Project, Inc. (“HHP”) a State of California, United States nonprofit corporation.

This Terms of Service, along with our Privacy Policy, our Medical Service Disclaimer and other posted guidelines within our Service, (collectively “Legal Terms”), constitute the entire and only agreement between you and HHP, and supersede all other agreements, representations, warranties and understandings with respect to our Service and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted through our Service, and you should review all Legal Terms prior to using our Service. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Service, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully.

If you do not accept our Legal Terms, you should not access our Service. If you have already accessed our Service and do not accept our Legal Terms, you should immediately discontinue use of our Service.

The last update to our Terms of Service was posted on September 6, 2017.

Definitions

The terms “us” or “we” or “our” refers to HHP, the owner of the Service.

A “Health Experience” or “Experience” is a specific set of medical symptoms, questions and information as submitted by a User.

A “Child” is any person under the age of 18.

A “Volunteer” is a special type of User of our Service, who assists in the identification of a proposed diagnosis advice or providing other information for a Health Experience by submitting responses based upon the information provided in the Health Experience.

A “User” is an individual that has registered with our Service to use any of our Service’s features, as well as an individual using our Service as a visitor without being registered or without logging into our Service.

A “Posting” is any text, photos, or videos uploaded by a User through our Service, including both Experiences and comments.

A “Visitor” is someone who merely browses our Service to find out more about our Service.

A “User” is a collective identifier that refers to either a Visitor or a registered User or Volunteer.

“Content” includes any or  all Postings, text, information, graphics, audio, video, and data found on our Service, whether free to all or part of our paid features of our Service, and are collectively known as our “Content”. We may refer to Content provided by our Users as “User Content.” When we refer to our Service, our Content is included by reference.

Limited License

HHP grants you a non-exclusive, non-transferable, revocable license to access and use our Service strictly in accordance with our Legal Terms. Your use of our Service is solely for your personal and non-commercial purposes, unless otherwise provided in our Legal Terms.

Our Relationship to You

HHP is strictly a venue and does NOT enter into any other relationship with you. Our Legal Terms and/or use of our Services in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee, physician-patient or other health professional-patient relationship between you and HHP or our affiliates.

Creating a Health Experience

Our Service allows you to create and post an Experience in order to gain insights and additional information about possible treatments and diagnoses and other actions you may undertake in relation to your health conditions, symptoms and questions. You are not required to provide any personally identifying information to create an Experience and must only provide an email address to participate in the Service.

We do not practice medicine including making a diagnosis which must be done by a licensed physician or other licensed health care provider. We are not providing health care services and do not provide services to any health care provider. Therefore, we are not required to follow the Health Insurance Portability and Accountability Act as revised in 2002 (“HIPAA”), a United States law designed to protect the disclosure of health information. As such, you should not provide any personal information through our Service as it will not be HIPAA protected. If you do so, you do so at your own risk. You acknowledge that the Users that provide opinions for your Health Experience are not necessarily licensed health professionals or even associated with the health profession. You acknowledge that the information provided by HHP’s Volunteers and Users for your Health Experience, as well as related advice and information, is not guaranteed in any way to be actually applicable to your Health Experience. You acknowledge that as such, we are not offering actual medical consultation, services, and/or treatment through our Service. Our Service is purely for educational purposes. You agree to be bound by the terms of our Medical Service Disclaimer and should review this document before creating a Health Experience.

By using our Service, you agree that you release HHP and our Users from any and all liability, whether under HIPAA or other laws, for any release of your health information that you voluntarily provided and that you assume all such risks with regards to your use of this Service.

VOLUNTEERS

As a User of our Service, you can Volunteer to assist other users in understanding their health care issues. Any of your suggestions or advice is considered User Content as defined under this Agreement, though you are not required to become a registered User of our Service to post your suggestions.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service. HHP reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Eligibility and Registration of a User

You may view some of our Content and even respond on Health Experiences without becoming a User of our Service. However, to use most functionality offered through our Service, you must register and become a User. You may not transfer or assign your User membership. By registering with our Service, you certify that you are at least age 18 years of age or older. If you are under the age of 18, you certify that you have your parent’s permission to join our Service and become a User.

Any registration by any User in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to and to abide by all of the terms and conditions of our Legal Terms. HHP has sole right and discretion to determine whether to accept a User, and may reject a User’s registration, with or without explanation.

When you complete the registration process, you will create a password that will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security regarding your account or information. You agree that HHP shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

User Content

Any Posting you make through our Service is considered User Content. For any Posting you make, you warrant to HHP that you have the legal right, whether by ownership, license, or otherwise, to transmit, display, and use the underlying associated text, images or videos. You are solely responsible for insuring that you do not infringe the rights of any third parties in such Posting and for any legal damages caused by your transmission, use, or display of your Posting.

You agree that your User Content should not contain material that is considered offensive, indecent, or objectionable. However, you understand that we have little control over the User Content provided by our Users and we do our best to ensure, but do not in any way guarantee the decency, legality, quality, accuracy or integrity of such User Content.

If your User Content is reported to HHP as being illegal, in violation of third party rights, offensive or inappropriate, we may ask you to retract or otherwise modify the questionable User Content within 24 hours of being notified by HHP. Should you fail to comply with such a request, HHP has full authority to either restrict your ability to use our Service OR to immediately terminate your account without further notification to you. HHP is not responsible for the monitoring or filtering of any User Content. Without limiting the foregoing, we have sole discretion to remove any User Content that violates our Legal Terms or is otherwise objectionable in our sole discretion.

You acknowledge that HHP is NOT liable for loss or damage to User Content nor do we warrant that we have a backup of your User Content. You should always maintain your own backup copies of User Content.

HHP does not make any ownership claims to your User Content. However, by uploading User Content, you grant HHP a perpetual, worldwide, royalty-free, irrevocable license to use, display, and redistribute your User Content in any form we see fit.

Digital Millennium Copyright Act Compliance

HHP follows the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via email copyright@humanhealthproject.org that contains the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is located on our Service
• Your address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• HHP will only respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

User Conduct

You agree not to use our Service to do any of the following:

1) make any Posting that:
• violates any local, national, or international laws.
• infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.
• links directly or indirectly to any materials to which you do not have a right to link.
• contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers.
• contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment, or to extract information from our Service.
• contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• you do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).
• in the sole judgment of HHP, is objectionable or which restricts or inhibits any other person from using or enjoying our Service, or which may expose HHP, our affiliates, or our Users to any harm or liability of any type.

2) use our Content to:
• develop a competing Service or help anyone else to do the same.
• create compilations or derivative works as defined under copyright laws.
• re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
• decompile, disassemble or reverse engineer our Service and any related Service.
• use our Service in any manner that violates our Legal Terms or any local, state, federal, or international laws.

3) use your account to:
• allow another person to login as you.
• violate any local, national, or international laws.

Intellectual Property

Our Service may contain our Service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Service does not constitute any right or license for you to use such trademarks, without the prior written permission of the corresponding trademark owner. Our Service is also protected under national and international copyrights. The copying, redistribution, use or publication by you of any portion of our Service is strictly prohibited. Your use of our Service does not grant you ownership rights of any kind.

Linking to Our Service

You may provide links to our Service, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Service, (b) your Service does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Service immediately upon request by us.

Links to Other Services

Our Service may contain links to third party Services. These links are provided solely as a convenience to you. By linking to these Services, we do not create or have an affiliation with, or sponsor such third party Services. The inclusion of links within our Service does not constitute any endorsement, guarantee, warranty, or recommendation of such third party Services. HHP has no control over the legal documents and privacy practices of third party Services; as such, you access any such third party Services at your own risk.

Warranty Disclaimer

HHP reserves the right to change any and all Content and features of our Service, at any time without notice. While our Service is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Our Service may be temporarily unavailable from time to time for maintenance or other reasons. HHP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. HHP is not responsible for any technical malfunction or other problems of any telephone network or Service, computer systems, servers or providers, computer or mobile phone equipment, Service, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Service, related to or resulting from using, uploading, or downloading materials in connection with our Service. Under no circumstances will HHP be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Service, or for any interactions between Users of our Service, whether online or offline.

OUR SERVICE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HHP, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. HHP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICE. HHP DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUZED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SERVICE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR SERVICE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HHP. OUR SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.

Limitation of Liability

HHP, as well as all our affiliates, shall not be liable for any loss, injury, death, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Service; (b) the unavailability or interruption of our Service; (c) your or other Users’ use of our Service; or (d) any delay or failure in performance of our Service.

HHP AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HHP AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR SERVICE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.

IN NO EVENT WILL HHP OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR SERVICE, EVEN IF HHP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HHP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR SERVICE.

Use of Information and User Content

We reserve the right, and you authorize us, to the use and assignment of all of your account information and usage information regarding our Service in any manner consistent with our Privacy Policy. All User Content, remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered our property. To the extent that such Submission contains copyrighted, either owned by you or licensed to you, you grant HHP a perpetual, irrevocable, royalty-free, worldwide license to use such Submission as we see fit, in any form whether on our Service or elsewhere. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Indemnification

You agree to indemnify, defend and hold harmless HHP and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and Service providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Service.

Termination of Your Account

You acknowledge that if you violate the terms of our Legal Terms, HHP reserves the right to terminate your account without notice. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to our Service and any User Content you have provided. You understand that we are not required to provide you with copies of such User Content nor continue to maintain copies of such User Content on our Service.

Arbitration

Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Service operations or intellectual property infringement, shall be settled solely by binding arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction as necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the prevailing party may seek return of their fees and costs, including reasonable attorney fees.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in the State of California in the United States, and shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Service conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of HHP under our Legal Terms shall survive the termination of our Legal Terms.

Medical Service Disclaimer

This Medical Service Disclaimer applies to our Service and any health, medical and/or product information contained within (collectively, “Service Content”). Any capitalized terms not defined herein have the same meaning as found in our Legal Terms.

You understand that HHP Users are simply Users of our Service and are not in any way employed by us. You agree that your reliance on any Service Content provided by our Users is not actual nor otherwise implied medical advice. You agree that our Service Content is not necessarily appropriate for the diagnosis and treatment of any health issue or for the prescription of any medication or treatment.

You understand that the Service and any Service Content have not been evaluated by the United States Food and Drug Administration (“USFDA”) and are not approved to diagnose, treat, cure or prevent any disease. As such, you acknowledge that you are not relying in any fashion that the USFDA has approved our Service or any Service Content.

You understand that any Service Content is by no means complete or exhaustive, and that as a result, such information does not encompass all conditions, disorders, health-related issues, or respective treatments. You understand that you are solely liable for consulting your physician or other healthcare provider to determine the appropriateness and applicability of our Service or any Service Content for your use. You agree that Service Content is not a substitute for obtaining professional medical advice.

In light of the forgoing, you understand and agree that we are not liable nor do we assume any liability for our Service or any Service Content as well as your reliance on either. In no event shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of any Service Content.