Merge Health LLC Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site! Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!

Merge Health LLC ("Merge Health") may revise and update these Terms and Conditions at any time. Your continued usage of the Merge Health website ("Merge Health Site," or the "Site,") will mean you accept those changes.

The Site Does Not Provide Medical Advice

The contents of the Merge Health Site, such as text, graphics, images, and other materials created by Merge Health or obtained from Merge Health's licensors, and other materials contained on the Merge Health Site (collectively, "Content") are for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or service. Never disregard professional medical advice or delay in seeking it because of something you have read on the Merge Health Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Merge Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Merge Health, Merge Health employees, others appearing on the Site at the invitation of Merge Health, or other visitors to the Site is solely at your own risk.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of the Content

The Content posted on this Site or communicated with any user of the site is protected by the copyright laws in the United States and in foreign countries. Merge Health authorizes you to view or download Content solely for your personal, noncommercial use. All rights reserved and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Merge Health Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with Merge Health or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of Merge Health. All rights not expressly granted herein are reserved to Merge Health and its licensors. Certain Content on this Site is licensed under U.S. Patent No. 6,585,516.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of Merge Health and Its Licensors

The use of the Merge Health Site and the Content is at your own risk.

When using the Merge Health Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Merge Health and its suppliers. Accordingly, Merge Health assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Merge Health Site.

The Merge Health Site and the Content are provided on an "as is" basis. MERGE HEALTH, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Merge Health, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, links, or communications provided on or through the use of the Merge Health Site or Merge Health.
The satisfaction of any government regulations requiring disclosure of information on medical services, prior authorization services, prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Merge Health Site.

In no event shall Merge Health, its licensors, its suppliers, or any third parties mentioned on the Merge Health Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Merge Health Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Merge Health, its licensors, its suppliers, or any third parties mentioned on the Merge Health Site are advised of the possibility of such damages. Merge Health, its licensors, its suppliers, or any third parties mentioned on the Merge Health Site shall not be liable for any damages incurred by you or Merge Health LLC. Merge Health, its licensors, its suppliers, or any third parties mentioned on the Merge Health Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below).

User Content and Submissions

The personal information you submit to Merge Health is governed by the Merge Health Privacy Policy. To the extent there is an inconsistency between this Agreement and the Merge Health Privacy Policy, this Agreement shall govern.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like photos, videos, or audio) on the Merge Health Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Merge Health Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, or the Merge Health Privacy Policy.

You agree that you will not upload any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media on the Merge Health Site or a Social Media Platform like a photo or video: (a) you grant to Merge Health a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Merge Health to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify Merge Health and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.

Merge Health reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

Merge Health has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Merge Health passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Merge Health account and password; (3) promptly inform Merge Health if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of our website pages. You grant Merge Health and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Merge Health cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Merge Health tools and services.

User Content Guidelines

If you use, or post User Content on, a Public Area such as blogs, or our Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. Merge Health and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Merge Health in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of Merge Health, exposes Merge Health or any of its customers or suppliers to any liability or detriment of any type.

Merge Health Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the Merge Health Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
Edit or delete any communication(s) posted on the Merge Health Site, regardless of whether such communication(s) violate these standards.

Merge Health or its licensors have no liability or responsibility to users of the Merge Health Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

Merge Health may provide links to third-party web sites. Merge Health also may select certain sites as priority responses to search terms you enter and Merge Health may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Merge Health does not recommend and does not endorse the content on any third-party websites. Merge Health is not responsible for the content of linked third-party sites, sites framed within the Merge Health Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Merge Health does not endorse any product, service, or treatment advertised on the Merge Health Site.

Indemnity

You agree to defend, indemnify, and hold Merge Health, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.

General

Merge Health LLC is Wyoming. Merge Health makes no claims that Merge Health, or any Site within the Merge Health network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Merge Health network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Merge Health, or in any way relating to your use of the Merge Health Site, resides in the courts of the State of Wyoming and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Wyoming in connection with any such dispute including any claim involving Merge Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Wyoming, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Merge Health Site, these Terms and Conditions and the Merge Health Privacy Policy constitute the entire agreement between you and Merge Health with respect to the use of the Merge Health Site, and Content.

Thank you for your cooperation. We hope you find the MergeHealth.org Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Merge Health, LLC Office of Privacy, 30 N Gould St, Ste R, Sheridan, WY 82801.

Merge Health: Questions or comments regarding the Merge Health web site, including any reports of non-functioning links, should be directed by email via our online web form in the Merge Health or by U.S. Mail to Merge Health Attn Customer Service, 30 N Gould St, Ste R, Sheridan, WY 82801. We try to answer every email in a timely manner but due to volume may not always be able to do so.

The Site Does Not Provide Medical Advice

The contents of the Merge Health Site, such as text, graphics, images, and other materials created by Merge Health or obtained from Merge Health's licensors, and other materials contained on the Merge Health Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Merge Health Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Merge Health does not recommend or endorse any specific tests, physicians, products, medical services, prior authorization services, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Merge Health, Merge Health employees, others appearing on the Site at the invitation of Merge Health, or other visitors to the Site is solely at your own risk.

Children's Privacy

Liability of Merge Health and Its Licensors

The use of the Merge Health Site and the Content is at your own risk.

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the Merge Health Site or Merge Health.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Merge Health Site.

In no event shall Merge Health, its licensors, its suppliers, or any third parties mentioned on the Merge Health Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Merge Health Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Merge Health, its licensors, its suppliers, or any third parties mentioned on the Merge Health Site are advised of the possibility of such damages. Merge Health, its licensors, its suppliers, or any third parties mentioned on the Merge Health Site shall not be liable for any damages incurred by you, or Merge Health and its affiliates. Merge Health, its licensors, its suppliers, or any third parties mentioned on the Merge Health Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below).

User Content and Submissions

The Site may contain functionality and other interactive areas, including blogs, user reviews services of drug information, etc. (collectively "Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”). Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable polices. Merge Health reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that Merge Health is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.

If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to Merge Health by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Merge Health by email, you agree such submission is non-confidential for all purposes.

If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to Merge Health by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Merge Health a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Merge Health may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to Merge Health by email. We try to answer every email in a timely manner, but are not always able to do so.

User Submissions — Image, Video, Audio Files

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

Merge Health reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

User Content Guidelines

If you use, or post User Content on, a Public Area such as blogs, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. Merge Health and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Merge Health in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of Merge Health, exposes Merge Health or any of its customers or suppliers to any liability or detriment of any type.

Merge Health Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the Merge Health Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
Edit or delete any communication(s) posted on the Merge Health Site, regardless of whether such communication(s) violate these standards.

Merge Health or its licensors have no liability or responsibility to users of the Merge Health Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Indemnity

General

Merge Health LLC is based in Sheridan, Wyoming in the United States of America. Merge Health makes no claims that Merge Health, or any Site within the Merge Health network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Merge Health network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Jurisdiction

Complete Agreement

Merge Health: Questions or comments regarding the Merge Health web site, including any reports of non-functioning links, should be directed by email via our online web form in the Merge Health website or by U.S. Mail to Merge Health Customer Service, 30 N Gould St, Ste R, Sheridan, WY 82801. Attn: Merge Health Member Services. We try to answer every email in a timely manner but due to volume may not always be able to do so.