myHealthKeeper Terms of Use and Legal Notices

PLEASE READ CAREFULLY THESE USE TERMS AND CONDTIONS BEFORE USING THE myHealthKeeper SITE (“SITE”).  PRIVACY AND SECURITY POLICIES ARE AVAILABLE ON THE SITE.  YOU SHOULD READ ALL TERMS, CONDTIONS AND POLICIES.  HuComm Solutions provides this Site as a service to the healthcare professional and patient.  You must agree to all of these Term and Conditions in order to use this Site.  If you do not agree to all of these General Use Terms and Conditions, do no use this Site.  HuComm Solutions reserves the right to revise and update these Use Terms and Conditions at anytime.  You should review these Use Terms and Conditions periodically as your continued usage of this Site means you accept such changes.

 Unless otherwise authorized to do so, visitors may not enter areas that are restricted to authorized myHealthKeeper clients.

 This website is provided as a service to its visitors.  The following terms of use of a legal agreement you and HuComm Solutions, LLC for the use of the myHealthKeeper system.   By accessing, browsing and/or using this website, you acknowledge, understand and agree to be bound by these terms of use and to comply with applicable laws and requirements including without limitation, United States export and re-export control laws and regulations.

 Any visit to myHealthKeeper’s website, or use of this website, constitutes an agreement by these terms of use.  myHealthKeeper reserves the right to delete, modify or supplement the website at any time for any reason without notification.  You are bound by any such revisions and should periodically visit this page to review the then-current terms of use.

Disclaimer

THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALTHOUGH HuComm Solutions, LLC WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION ON THIS WEBSITE, HuComm Solutions, LLC MAKES NO REPRESENTATIONS, WARRANTIES OR ASSURANCES THAT THE INFORMATION ON THIS WEBSITE IS OR WILL BE TIMELY, ERROR-FREE OR COMPLETE.

NEITHER HUCOMM SOLUTIONS, LLC OR ANY OTHER PARTY INVOLVED IN CREATING THIS WEBSITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF YOUR ACCESS TO, INABILITY TO ACCESS OR USE OF THIS WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO AS A RESULT OF ANY BUGS OR VIRUSES THAT MAY INFECT YOUR COMPUTER PROGRAMS OR EQUIPMENT. THE FOREGOING EXCLUSION OF LOSSES AND DAMAGES SHALL APPLY WHETHER A CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND EVEN IF HUCOMM SOLUTIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

There may be links to third party sites within myHealthKeeper over which HuComm Solutions has no control.  HuComm Solutions has not reviewed the sites that may be linked to this website, does not endorse and is not responsible for the content of other sites.  Other sites may be inaccurate of contain discussions regarding unapproved uses of medical devices or other products.  Your linking to such sites is at your own risk and HuComm Solutions shall not be liable for any damage or injury arising from their contact use thereof.

Visitor Communications

Any communication you send to this website or otherwise to HuComm Solutions electronically will be considered proprietary to you and will be received on a non-confidential basis.  HuComm Solutions is under obligation to refrain from reproducing, publishing or otherwise using your communications in any way purpose. You hereby grant to HuComm Solutions your consent to use your communications.  Without compensation to you or any other person, myHealthKeeper shall own and be free to use any said communications, including ideas, inventions, concepts, techniques or know-how disclosed therein, for including developing, manufacturing and/or marketing products and services.

 Your usage of the myHealthKeeper system is recorded.  HuComm Solutions shall be free to use that for statistical evaluations and to insure undisrupted service.

Laws and Regulations

The myHealthKeeper system (www.myHealthKeeper.com) contains information about products and services that may or may not be available in any particular country.  HuComm Solutions’ products or services need approval or market clearance by a governmental regulatory body for different uses and restrictions in countries.  Each country has specific laws, regulations, and medical practices governing the common medical or other information about medical products or services on the Internet.  This website is not promotion for any product or service, or for a particular use for any product or service, which is not authorized by the laws and regulations of the country where the website resides.

Health Information

myHealthKeeper is not engaged in rendering medical or other professional advice.This website may contain information on medical and health-related topics.  This information, including data, is for information purposes only, and is not intended to describe or make claims about the safety of any product.  This information is also not meant to be a substitute for the advice provided by your own or other medical professional, and you should not use this information for diagnosing or treating a health problem or disease.  You should always consult your own physician before undertaking any healthcare activities and healthcare routines.

 Unless otherwise authorized to do so, visitors may not enter areas that are restricted to authorized  myHealthKeeper clients.  THIS IS A RESTRICTED AREA, WHICH MAY CONTAIN CONFIDENTIAL MEDICAL RECORDS AND OTHER PATIENT INFORMATION.  YOU MAY ACCESSS THIS AREA ONLY IF YOU HAVE AN AUTHORIZED MEMBER ID AND SECURE PASSWORD.  ATTEMPTING TO ACCESS RESTRICTED AREAS WTIHOUT PERMISSION STRICTLY FORBIDDEN AND A VIOLATION OF LAW.

Member Communications

You shall be responsible for the content and information contained in any communications you may send to this site, including its truthfulness and accuracy.  You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, service mark, copyright or other proprietary rights of any party.  You warrant that your communications comply with federal, local and international laws respecting trademark, trade secret, service mark, copyright or other proprietary rights of any party.

Any electronic communications (bulletin board messages, chat messages, or email) conducted via myHealthKeeper between you and other members of our sites, such as your patients or your health professionals, are confidential and are not shared with any third party.

myHealthKeeper Content Rights

HuComm Solutions reserves the right to delete, modify or supplement site content anytime for any reason without notifying anyone about such content changes.  As myHealthKeeper may revise and update these terms and conditions anytime, you must periodically review these Terms and conditions because you continued usage of the site will mean you accept any changes to our use terms and conditions.

HuComm Solutions will use reasonable efforts to provide up-to-date and accurate information on this site, but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided.

HuComm Solutions reserves the right to change or discontinue at any time any aspect or feature of this Site.  HuComm Solutions shall not be liable for any damages or injury resulting from your access to or inability to access this Internet site or from your reliance on any information provided at this Internet site.  HuComm Solutions reserves the right to discontinue any use that is abusive, illegal, disruptive, or that otherwise fails to conform with these Terms and Conditions.  Accordingly, HuComm Solutions reserves the right to terminate a member’s access to any or all membership areas upon a member’s breach of these Terms and Conditions and will cooperate with local authorities if necessary to further prevent an proscribed illegal use of this site.

No Warranties, “As Is”

This site, its links, sponsorships and content are provided on an “as is” basis without any warranties of any kind, whether expressed 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, or arising from a course of dealing, usage or trade practice.  HuComm Solutions makes no representations or warranties about how accurate, reliable, complete, current or timely any content, or communications provided on or through the use of this site is. HuComm Solutions makes no warranty that your use of the content contained on this site satisfies government regulations as to disclosures of drug related medical information.

No Endorsements

HuComm Solutions does not recommend or endorses any opinions, specific tests, products or procedures that may be mentioned on the Site.  HuComm Solutions assumes no liability or responsibility for damage or injury to persons or property arising form any use of any product, information, idea or instruction contained in the materials provided to you.  HuComm Solutions does not assume any liability for the contents of any material provided on the site. Reliance on any information provided on this site is solely at your own risk.

 This site may from time to time provide sponsorships, links or references to other sites but HuComm Solutions is not endorsing these sites, products, services or their respective owners or their opinions. HuComm Solutions has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.  Any links to other sites are provided as merely a convenience to the users of this site.

Limitation of Liability

In no event shall HuComm Solutions, its partners or any third party providers or distributors be liable for any direct or indirect damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use this site even if HuComm Solutions has been advised of the possibility thereof.

HuComm Solutions assumes no liability for or relating to the delay, failure, performance, nonperformance interruptions infection or corruption of any data or other information transmitted in connection with use of this site.  By using this site you acknowledge that information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of HuComm Solutions and its suppliers.

If, notwithstanding the foregoing, HuComm Solutions or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of HuComm Solutions and the third party providers and distributors shall in no event exceed, in the aggregate the greater of (a) service charges (if any) for accessing this site or (b) US $100.00.  In its sole discretion, in addition to any other rights or remedies available to HuComm Solutions and without any liability whatsoever, HuComm Solutions at any time and without notice may terminate or restrict your access to any component of this site.  Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.

Indemnification

By your use of the site you agree to defend, indemnify and hold HuComm Solutions, its officers, directors, employees, agents and partners, 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 your use of the site, including all Content, Web Applications (defined as Internet based software applications) Services and Interactive Areas, in a matter that violates or is alleged to violate these Terms and Conditions. HuComm Solutions shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Relationship

The relationship between HuComm Solutions and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

Jurisdiction

You expressly agree that any dispute with HuComm Solutions relating to your myHealthKeeper membership or use of this site will be resolved in the courts of the State of Washington .  You agree further and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington in connection with any such dispute including any claim involving HuComm Solutions or its affiliates, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the substantive laws of the State of Washington , 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 invalidity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any if these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Modification

myHealthKeeper may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

Severability

These terms and conditions shall be deemed severable.  In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

United States Export Controls

The United States controls the export of products and information form US companies abroad across the Internet.  You are responsible for compliance with all federal and local laws regarding the import, export or re-export of the Contents of this site. (All forms of intellectual property, including software.)

Contacting the Web Site

If you have any questions about this statement, the practices of this site, or your dealings with this Web site, you can contact:

HuComm Solutions, LLC
10011 Bridgeport Way Suite #1500, PMB 296
Lakewood, WA 98499
admin@myhealthkeeper.com

Copyright, Trademarks and Patents

All information contained in the myHealthKeeper system, website, including all website design, images, text, graphics, the selection and arrangement there of, and software are owned or controlled by myHealthKeeper its affiliates, and protected by worldwide copyright laws.

 The trademarks, service marks, trade names, trade dress, patents and copyrights featured on this site including myHealthKeeper are owned by HuComm Solutions in the United States and internationally.  The trademarks, service marks, trade names trade dress and products featured on this site are protected by laws in the United States and internationally.

 Copyright Policy

This site is the copyrighted property of HuComm Solutions, and/or its various third party providers and distributors and is protected by U.S. copyright laws and other laws including international treaties.  Third party providers and distributors own much of the content found on this site.  You may download content only for your personal use for noncommercial purposes, but no modification or further reproduction of the content is permitted.  The content may otherwise not be copied, disseminated or used in any other way.  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.

 No portion of this site, including but not limited too any myHealthKeeper channel, structure, text graphics, designs, algorithms, object code, source code, creative concepts or results may be reverse-engineered disassembled, decompiled, reproduced, transcribed, stored in a retrieval system translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation, or otherwise) resold or redistributed without the prior written consent of Mission Medical Technologies, except to identify the products or services of the company or to reproduce limited excerpts of the data for personal use only provided that each such copy contains the following copyright notice:

Copyright 2008 HuComm Solutions LLC, Lakewood, WA  All rights reserved

 Nothing herein shall be construed as conferring any license or right under any HuComm Solutions LLC, myHealthKeeper, copyright, trademark or other intellectual property right.  HuComm Solutions LLC will aggressively enforce its intellectual property rights on this website and its contents to the fullest extent of the law.

 GENERAL DISCLAIMER

HUCOMM SOLUTIONS AND ITS WEBSITE PROPERTIES (“SITE”) DO NOT RENDER MEDICAL ADVICE TO MEMBERS (“HEALTHCARE PROFESSIONALS” OR “PATIENTS”).  SITE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUE FOR PREOFESSINAL MEDICAL EXAMINATION OR ASSESSMENT OF A PATIENT’S CONDITION.  ALL CONTENT IS GENERAL I N NATURE, IS PRESENTED IN SUMMARY FORM, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY TO SUPPORT COLLABORATION BETWEEN A HEALTHCARE PROFESSIONAL AND HIS/HER PATIENT.  THIS WEBSITE IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITONS, OR IN THE CURE, MITIGATION, TREATMENT OR PREVENTION OF DISEASE.  DO NOT RELYY ON CONTENT, GUIDELINES, PRODUCTS OR ANY OTHER SERVICE OFFERED BY OR THROUGH MYHEALTHKEEPER OR THE SITE FOR PERRFORMING A MEDICAL OR CLINICAL DIAGNOSIS OR DECISION, OR FOR PRESCRIBING MANAGEMENT OR TREATMENT FOR A PATIENTS CONDTION.

Headings

The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

Entire Agreement

THIS CONSTITUES THE ENTIRE AGREEMENT BETWEEN YOU AND MISSION MEDICAL TECHNOLOGIES WITH RESPECT TO THE USE OF THIS SITE, CONTENT, WEB APPLICATIONS, AND INTERACTIVE AREAS CONTAINED HEREIN.