- “HFI” means Healthcare Financial, Inc.
- “HFIWebsite” or “Website” means all websites, and all subsequent pages made available by or through such websites, owned or operated by HFI or its subsidiaries. Please note, however, that the HFIWebsite may contain links to third-party URLs. Once such a third-party link has been accessed, a user is no longer accessing the HFI Website.
- “You” and “Your” means you, an individual user entering into this Agreement, or the entity on whose behalf you enter into this Agreement.
II. YOUR USE OF THE HFI WEBSITE
- Your use of the HFI Website shall be governed exclusively by the terms of this Agreement.
- The Website includes original works of authorship (including, but not limited to, derivative works based on graphical scans or typed text of public domain materials) that are both proprietary and intellectual properties of HFI or its suppliers and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws.
- Copyright.All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HFI, its suppliers, or HFI’s, or its suppliers’, licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HFIand protected by U.S. and international copyright laws. All software used on this site is the property of HFI, its suppliers, or HFI’s, or its suppliers’, licensors, and is protected by United States and international copyright laws. The respective owners and licensees of any copyrights included in the Website retain and reserve all of their rightsrelated to such copyrights.
- Notwithstanding the above, you shall NOT, without the prior written consent of HFI:
- Decompile, reverse engineer, disassemble and/or create derivative works from the HFI Website.
- Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations contained in the HFI Website.
- Use the HFI Website for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the HFI Website.
- (a) Co-brand the Website, (b) frame the Website, or (c) hyperlink to the Website, or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of HFI. For purposes of this Agreement, “co-brand” or “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with HFI in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
- You shall not interrupt, or attempt to interrupt, the operation of the Website in any way.
- The Website may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Website. Any attempt to tamper or dismantle these protections is a breach of this Agreement and may be a violation of the Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties.
- Content in the Website that is used or referenced in any print or electronic media must be done in accordance with generally accepted standards and must provide for proper attribution to HFI.
- Links to and from other websites: The HFI Website may contain links to other websites, and other websites may contain links to the HFI Website, such websites not being owned by, or under the direct control of, HFI (“Linked Websites”). The linked websites are not under the control of HFI, and HFI does not endorse and is not responsible for, the functionality of the links to or from, content or applications provided by or through, or privacy policies or other agreements included in, a Linked Website. HFI is not responsible for licensing to You any content or application provided by or through a Linked Website, and Your use of content or application(s) provided by or through Linked Websites is governed solely by Your agreement, if any, with the owner and/or provider of the Linked Website. You use Linked Websites, and links to and from any third party website, at Your sole risk. For example, HFI is not responsible for, without limitation, any incorrect data, errors in computation, improper transmission of data, or a security breach resulting from Your use of a Linked Website or a link to or from a Linked Website. HFI provides links to You only as a convenience.
- The Website may contain testimonials from customers of HFI or its agents. Testimonials are not representative of everyone’s experience and only provide information about the individual’s experiences as to the point in time when they are provided. Testimonials do not necessarily represent typical or expected results. All testimonials are authentic. Testimonials may be edited for clarity or brevity. No one has been paid to provide a testimonial on the Website. Individual results will vary.
III. YOUR REPRESENTATIONS & WARRANTIES
You represent, warrant and covenant that:
- You are of a proper age to enter into this Agreement.
- Any information that You have or shall provide to Us through the Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information.
- You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the HFI Website and with respect to any product or service related thereto.
- You shall not use the HFI Website to infringe, misappropriate or violate any rights of HFI and/or any third party, including, but not limited to any customer of HFI or any entity associated with or visiting the HFI Website.
- You shall comply at all times with this Agreement, including any modifications to this Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein. The issue of Modification is set forth in Section 5, below.
- To the Agreement. We have the right to modify this Agreement and any other Agreement or policy referenced in the Website or linked to in the Website. No notice is required for any such modification. Any modification is effective immediately upon posting to the Website. Your continued use of the Website following the posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Website.
- To the HFI Website. We have the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. We may also impose limits on certain features and services or restrict Your access to parts or all of the HFI Website without notice or liability.
VI. DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE HFI WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE HFI WEBSITE, INCLUDING THE SERVERS ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) INFORMATION PROVIDED IN THE WEBSITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE.
VII. LIMITATIONS ON LIABILITY
USE OF THE HFI WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR INFORMATION, INCLUDING YOUR MEDICAL INFORMATION, INTO THE HFI WEBSITE. HFI SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OF HFI. SPECIFICALLY, HFI SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEYS FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
VIII. LIMITATION OF DAMAGES
THE LIABILITY OF HFI, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE HFI WEBSITE OR THE SERVICE(S) OFFERED THEREIN IS LIMITED TO THE MINIMUM AMOUNT ALLOWABLE BY LAW AND IN NO EVENT SHALL IT EXCEED ONE DOLLAR ($1.00).
IX. TERM & TERMINATION
If you no longer accept these terms and conditions, or any future modifications to these terms and conditions, you must cease using the HFI Website. Continued use of the HFI Website indicates your continued acceptance of these terms and conditions.
X. GOVERNING LAW AND JURISDICTION
ENTIRE AGREEMENT. This Agreement, constitute the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.