Terms of Service
Welcome to ZipHealth.
1. Your Agreement with Applied Research Works Limited ("ARW")
Your use of ZipHealth is governed by this agreement. "ARW" means Applied Research Works Limited, located in Kamuela, HI 96743, United States, and its subsidiaries or affiliates involved in providing ZipHealth.
2. Not Medical Advice; U.S. Use Only
ZipHealth does not offer medical advice. Any content accessed through ZipHealth is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through ZipHealth. Call 911 or your doctor for all medical emergencies.
You may only use ZipHealth if you reside in the United States.
3. Your Account and Use of ZipHealth
You must provide accurate and complete registration information any time you register to use ZipHealth. You are responsible for the security of your passwords and for any use of your account. You must immediately notify ARW of any unauthorized use of your password or account by following the instructions at this link.
Your use of ZipHealth and any content accessed through ZipHealth must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use ZipHealth.
You may not access ZipHealth other than by the interfaces provided by ARW or interfere with or disrupt the proper operation of ZipHealth.
4. Use of Your Information
The profile information you provide during account creation may be used by ARW for targeted advertising.
If you create, transmit, or display health or other information while using ZipHealth, you may provide only information that you own or have the right to use. When you provide your information through ZipHealth, you give ARW a license to use and distribute it in connection with ZipHealth and other ARW services. However, ARW may only use health information you provide as permitted by the ZipHealth Privacy Policy, your Sharing Authorization, and applicable law. ARW is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As a result, HIPAA does not apply to the transmission of health information by ARW to any third party.
5. Additional Terms
Your use of ZipHealth and any content accessed through ZipHealth is subject to each of the additional terms provided in connection with ZipHealth, including the ZipHealth Privacy Policy, the Sharing Authorization, and the ZipHealth Legal Notices.
6. Content and Services Accessed through ZipHealth
ZipHealth may include content that you find offensive, including health-related content that is sexually explicit.
ARW may make third-party services available through ZipHealth. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.
ARW may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. ARW further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through ZipHealth.
USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. ARW MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT. Providers of these third-party services and/or content are ARW's "Licensors".
7. ARW Proprietary Rights
ARW and its Licensors own all proprietary rights to ARW Health. ARW gives you a personal, revocable, non-assignable, and non-exclusive license to use ZipHealth.
8. Modification and Termination of ZipHealth
ARW may place limits on, modify, suspend or terminate ZipHealth generally, and may suspend or terminate your use of ZipHealth if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If ARW terminates ZipHealth or your use of ZipHealth, this agreement will also terminate, but Sections 3, 5, 7, 8, and 10-13 shall continue to be effective after this agreement is terminated.
9. Changes to this Agreement
ARW may change this agreement and will post the modified agreement at this link. If you do not agree to the modified agreement, you should stop using ZipHealth. Your continued use of ZipHealth after the date the modified agreement is posted will constitute your acceptance of the modified agreement.
10. Indemnification
You will defend or settle any third-party claim against ARW, any third party ZipHealth feature providers, or any of ARW's other licensors arising out of or related to your use of ZipHealth.
11. Exclusion of Warranties
NEITHER ARW NOR ANY OF ARW'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER ARW NOR ANY OF ARW'S LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN ZipHealth SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN ZipHealth IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER ARW NOR ANY OF ARW'S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
12. Limitation of Liability
NEITHER YOU NOR ARW OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
NEITHER YOU NOR ARW OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.
The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.
13. General Legal Terms
If you have not signed a separate written agreement with ARW related to ZipHealth, this agreement is the entire agreement between you and ARW related to ZipHealth, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and ARW related to ZipHealth, the signed written agreement will control.
ARW's Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.
If ARW provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.
Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
This Terms of Service shall be governed and interpreted by the laws of the State of Hawaii, without regard to conflicts of law principles. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS COUNTY OF HAWAII, HAWAII. YOU AND ARW CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.
June 16, 2010
