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HEALTHTOOLS™ (HEALTHRISK™ AND HEALTHAGE™) DOES NOT PROVIDE MEDICAL ADVICE. It is intended for informational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment. Never ignore professional medical advice in seeking treatment because of something you have read on the site. If you think you may have a medical emergency, immediately call your doctor or dial 911.
Expert Review Panel – Expert-24 Ltd
Terms of reference
The aim of the Expert Review Panel is to ensure that all Expert-24 clinical and epidemiological content is robust, independent and up to date.
Medical Director and Editor
Dr. Timothy Dudley
Chairman of the Expert Review Panel
Dr. Robin Christie
Current authors and reviewers for the Health Risk Assessment
Dr. Martin Dawes
Dr. Jonathan Mant
Emeritus authors and reviewers for the Health Risk Assessment
The following individuals were deeply involved in the creation of the health risk assessment at its inception, but are no longer active reviewers on the panel:
Dr. John Fletcher
Dr. Emma Boulton
Professor Larry Ramsay
Professor Klim McPherson
Who created it and how often is it reviewed and updated?
How accurate are these percentages?
How good is the evidence?
Most recently reviewed:
Selected articles from previous reviews:
The HealthTools™ assessment is an educational tool made available to you at no charge. It is designed for adults 18 years and older living in the United States. It was developed using current national standard guidelines.
Your participation in completing the HealthTools assessment is voluntary and you may exit the HealthTools assessment at any time. The HealthTools assessment is for personal use only. It is not intended to diagnose, treat or prevent medical or other health conditions. If you have a medical emergency, call 911 immediately.
The HealthTools assessment questionnaire is a series of questions about important personal health behaviors that can put you at increased risk for injury, illness and disease. It identifies your specific modifiable health risks and suggests simple actions you can take to maintain or improve your current and future health. It does not cover all of the health risks that could be of concern to you, especially if you are pregnant or have a serious health problem.
The Health Risk Assessment is not a substitute for information given to you by a licensed healthcare provider, nor is it a substitute for a medical exam. If you have any concerns about your health or if the Health Risk Assessment raises any questions consult a licensed healthcare professional. Always consult a licensed healthcare professional for diagnosis and treatment of any medical condition or before starting a diet or exercise program.
The HealthTools assessment is strictly voluntary. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) ensures that the security and privacy of your personal health information remains confidential. The HealthTools assessment is compliant with Title II of the Genetic Information Nondiscrimination Act of 2008. When questions about family medical history are included, you will not be required to answer those questions in order to complete the HealthTools assessment.
A personalized summary of the results and recommendations based on your responses to the HealthTools assessment questionnaire will be ready for you within minutes after completing the questionnaire. Your personalized summary will be displayed on a webpage within the HealthTools assessment and you may choose to use the “email my report” function from the results page send a copy of your personalized summary to an email address that you provide. The webpage displaying your personalized summary will expire when you close your web browser and will not be retrievable via HealthTools assessment. Please note, if you do not close your web browser, your personalized summary may be accessible by a subsequent user utilizing the web browser’s “back” button.
Section 2 – Disclaimer Review and Approval
This HealthTools assessment is for general information purposes only. It should not be used during a medical emergency or for diagnosis or treatment purposes. If you have a medical emergency, call 911 immediately. Always consult a licensed healthcare professional for diagnosis and treatment of any medical condition or before starting a diet or exercise program.
You represent that you are at least 18 years old, a resident of the United States and not subject to the care of a legal guardian.
Updated as of June 13, 2016
These Terms may have changed since you last used our Services. Your use of our Services is subject to your compliance with these Terms. These Terms apply to all visits to our Website and all uses of our Services, including (but not limited to) all associated content, information, recommendations, and/or services provided to you by or through our Services.
By accessing and using our Services, you hereby agree to these Terms in their entirety. You may not use our Services (or any part thereof) if you do not agree to be bound by these Terms.
The information contained in or provided by our Services is offered solely for your consideration, and is subject to your verification. It is not to be taken as a warranty or representation by which we or our affiliates assume legal responsibility, nor do we grant permission to use or practice anything contained therein, nor recommends such use or practice.
Our Services are not intended to be a substitute for professional medical advice from a qualified healthcare provider. Do not use information provided via our Services to diagnose or treat a health condition or disease without consulting a qualified healthcare provider. There is no physician-patient relationship arising solely by virtue of using the Services. Never disregard professional medical advice or delay seeking it because of something you have read via the Services. Do not use our Services for medical emergency services. In an emergency, call 911, your personal physician, and/or your local emergency assistance number.
Our Services are not intended for users under the age of 13. We do not knowingly collect personally identifiable information from users under the age of 13. Users under the age of 13 are expressly prohibited from submitting their personally identifiable information to us via the Services or using portions of the Website or Services that require registration.
Our Services, including all associated information related to our Services, are the property of us and/or our affiliates and licensors. Our Services are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All rights reserved.
The contents of our Services may be viewed and accessed only for your personal, non-commercial use, provided that all copyright and other proprietary notices are retained on any copies made of the materials. The materials and information available via our Services may not be modified in any way, and may not be reproduced, distributed or used for any public or commercial purpose unless expressly permitted by us in writing. Any use of the materials or information available via our Services for any other purpose is prohibited. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of us or other third parties. If you breach any of these terms, your authorization to use our Services is terminated and you must immediately destroy any downloaded or printed materials.
All of our or our affiliates’ trademarks, service marks and trade names (“Trademarks”) are trademarks or registered trademarks that belong to us or our affiliates, unless stated otherwise. You may not use or display the Trademarks for any purpose, including but not limited to, in advertising or publicity pertaining to distribution of materials via our Services, without our prior written consent. Any other trademarks appearing on third party websites linked to by our Services are the property of the respective owners or operators of those third party websites.
Links to third party websites by our Services may be provided solely as a convenience. If you use these third party links, you will leave our Services. We are not responsible for such third party websites, nor do we control such websites. We also do not claim to have reviewed these third party websites or any associated content. As such, we are not responsible for any of these websites or their content. We are not responsible for any charges or fees associated with financial transactions that may occur on or through a third party website. Moreover, we do not endorse or make any representations about any of the websites for which links are provided, or any information, software or other products or materials made available by such third party websites, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by our Services, you do so entirely at your own risk. The mention of specific products, processes, or services within our Services does not constitute or imply a recommendation or endorsement under any circumstances.
The storage or reproduction of our Services (or any part of our Services) in any external internet site or the creation of links, hypertext, or deeplinks between our Services and any other internet website, is prohibited.
The physicians displayed on our Services are credentialed to treat patients at our facilities and, to the best of our knowledge, are in good standing. We may allow you to search physicians by alphabetical listing or other searches based on individual needs or preferences. Physicians employed by the parent company of the hospital may (but is not required to) appear before other physicians.
YOU AGREE TO ASSUME THE RISK OF ACCESSING AND USING OUR SERVICES. OUR SERVICES, INCLUDING ALL CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION VIA THE SERVICES IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES IS ACCURATE, COMPLETE OR CURRENT, OR THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN OUR SERVICES WILL BE CORRECTED OR THAT OUR SERVICES OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. INFORMATION PUBLISHED OR MADE AVAILABLE VIA OUR SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR REGION.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH OUR SERVICES IS TO CEASE USE OF OUR SERVICES.
WE RESERVE THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF OUR SERVICES AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
IN NO EVENT WILL ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR SERVICES (OR ANY PART THEREOF), OR ANY OTHER THIRD PARTIES MENTIONED VIA OUR SERVICES (OR ANY PART THEREOF) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES (OR ANY PART THEREOF), ANY WEBSITES LINKED TO OUR SERVICES, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES (OR ANY PART THEREOF), OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO OUR SERVICES (OR ANY PART THEREOF) EXCEED ONE HUNDRED DOLLARS ($100).
You are prohibited from using our Services to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using our Services to advertise or perform any commercial solicitation. We will have no obligations with respect to such communications. We reserve the right to remove any and all user submissions it deems in violation of these Terms.
You agree to defend, indemnify, and hold us, our affiliates, and our respective officers, directors, employees, agents, licensors, and affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from your use of our Services, violation of these Terms, or violation of any third party rights.
YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
If you believe that your copyrighted work has been copied and is accessible through our Services in a way that constitutes copyright infringement, please notify our designated copyright agent. The notice must include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“Copyright Act”). As of the date of the posting of this Agreement, the information that you must provide includes: identification of the copyrighted work that allegedly has been infringed; identification of the material on our Services that you believe infringes the copyright (with sufficient specificity to allow us to locate it); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature or the signature of a person authorized to act on behalf of the owner of the allegedly infringed right; and your contact information. Please keep in mind that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Any claims of copyright infringement concerning our Services should be sent to firstname.lastname@example.org. We will respond to each complaint quickly and diligently. Only copyright complaints should be sent to the above agent. No other communications will be accepted.
Some statements made available by our Services are not historical facts and therefore are considered forward-looking statements within the meaning of Section 21E of the Securities and Exchange Act of 1934. These forward looking statements are subject to risks and uncertainties as which could cause our actual results to differ materially from those expressed in or implied by the content of our Services. Forward-looking statements made available by our Services are made as of the date of the initial publication and we undertake no obligation to update any of these forward-looking statements as actual events unfold.
This agreement is entered into and performed in the State of Tennessee and you agree this agreement is governed by the laws of the State of Tennessee, without consideration to the principles of the conflicts of law. Your continued use of our Services, confirms you consent and submit to the personal jurisdiction in the State of Tennessee and venue of the County of Davidson for any state or federal action arising out of the use of our Services or these Terms. This agreement does not constitute doing business in any other state than the State of Tennessee.
If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
The section titles of the Terms are merely for convenience and will not have any effect on the substantive meaning of these Terms.
Except as expressly provided in a particular "legal notice" on our Services, these Terms constitute the entire agreement between us and you, respectively, with respect to the use of our Services and content contained therein.
We have developed a mobile alert and messaging service that may allow you to receive confirmation or reminders for billing purposes, medical appointments at our facilities, and other communication we may send. In addition to the mobile alert services, you may also receive additional notifications from us. By providing a mobile number that allows you to receive text message or short message reminders and information, you are opting to participate in our mobile alert and messaging service and you agree to be bound by the following terms and conditions related to our SMS text notification services.
We are dedicated to maintaining information confidentiality and complying with regulatory requirements by – among other things – limiting access to only those users that have a legitimate need to view it, and regularly educating employees on information protection.
We are committed to the care and improvement of human life, and that includes protecting your private information.
Updated as of June 13, 2016
We collect certain information from and about our users in three ways:
When you access or use our Services, we may track information to administer our Services and analyze its usage. Examples of information we may track include:
We use this information to analyze trends, administer and improve our Services, and monitor traffic and usage patterns for information security purposes and to help make our Services more useful.
A “cookie” is a small text file that may be transferred to your computer's hard drive in order to personalize our services for you and to collect aggregate, non-personal information regarding usage of our Services by all of our users. Each computer is assigned a different cookie that contains a random, unique number. The cookie does not contain personally identifiable information. Our Services uses two different types of cookies: a “session” cookie, which is required to track a user session, for example, and which expires shortly after the session ends), and a “persistent” cookie, used to track unique visits to the Portal (defined below), as well as how the user arrived at the Portal (for example, through an email link or from a referral link), and the type of user (patient, provider, etc.). So that users are not counted twice, this cookie can “persist” anywhere from six months to two years.
Your browser software can be set to warn you of cookies or reject all cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookie, this may disable some of the functionality of our Services and you may not be able to use certain services.
Cookies cannot be used to run programs or deliver viruses to your computer. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a website, a cookie helps the website to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content and eases website navigation by providing and saving your preferences and login information as well as providing personalized functionality.
A “web beacon,” “clear GIF,” “web bug,” or “pixel tag” is a tiny graphic file with a unique identifier that is similar in function to a cookie, but would allow us to count the number of users that have visited certain pages or screens of our websites, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which may be stored on your computer's hard drive, web beacons are typically embedded invisibly on pages or screens.
We reserve the right to share aggregated site statistics monitored by cookies and web beacons with our affiliates and partner companies.
Email communications that you send to us via the email links on our Services may be shared with a customer service representative, employee, medical expert or agent that is most able to address your inquiry. We make every effort to respond in a timely fashion once communications are received. Once we have responded to your communication, it is discarded or archived, depending on the nature of the inquiry.
The email functionality on our Services does not provide a completely secure and confidential means of communication. It is possible that your email communication may be accessed or viewed by another Internet user while in transit to us. If you wish to keep your communication private, do not use our email.
We may send certain messages, including electronic newsletters, notification of account statuses, and marketing communications on a periodic basis. If you wish to be removed from such messages, you may request to discontinue future ones. All such material will have information as to how to opt-out of receiving it, although certain messages (such as a secure message sent by a doctor or an account status update), may be required and will not have opt-out capabilities.
We may allow third party advertising companies to serve ads when you access or use our Services. These companies use non-personally identifiable information regarding your access and use of our Services and other websites, such as the user IP address, pages viewed, date and time of your visit, and number of times you have viewed an ad (but not your name, address, or other personal information), to serve ads to you on our Services and other websites that may be of interest to you. In the course of serving advertisements to our Services, our third party advertiser may place or recognize a unique cookie on your browser. In addition, we may use clear GIFs or pixel tags to help manage our online advertising. These clear GIFs enable our ad serving company to recognize a browser's cookie when a browser visits our Services. This allows us to learn which banner ads bring users to our Services. The information we collect and share through this technology is not personally identifiable.
As a service to its customers, we may also provide Portals to offer some customers secure, private access to their own records at our facilities, as well as certain internet-based services which may include, among other things, assistance in finding a doctor, assistance in scheduling appointments, the ability to register for classes and pre-register for procedures, making payment for medical services rendered, and health and patient education materials (“Portal”). If you use any of our Services that include a Portal, the following additional privacy terms and protections apply.
Our Services may include pages that give you the opportunity to provide us with personal identifying information (“PII”) about yourself. If you choose not to provide this information, it may limit your ability to use certain functions of the site and/or request certain services or information. The Portal can provide you with access to some of your medical records. When you seek access to those records on the Portal, we need to confirm it is you so we ask you for information such as your name and email or physical address and other information such as your date of birth (which we may also use to make sure you are eligible to use the Portal in accordance with the Terms) and the answers to “secret questions” to which only you know the answers. This information may be used to help administer your user account and in managing your account. We may need to ask you for the information again when you sign in from a new device.
We may ask for information about your location and medical needs to assist with finding a physician, and may collect and pass on information to assist you in scheduling appointments, registering for classes and pre-registering for procedures.
In collecting your PII, our Services may also collect PHI. Just as we strive to protect your PII we are committed to protecting your PHI. If there is a breach of your PHI, we are required by law to notify you. Your PHI will remain confidential, and will only be disclosed to you or your personal representative, unless otherwise required by state or federal law. In all circumstances, unless otherwise required by law, we will obtain your written authorization before using or disclosing your PHI. This protection extends to PHI that is oral, written, or electronic.
In addition to the uses and disclosures of information outlined above, your information may also be used and disclosed as follows:
In order to protect your privacy, you should:
Please note that if you share your Portal username and password with another person, this will allow that person to see your confidential medical record information. We have no responsibility concerning any breach of your confidential medical record information due to your sharing or losing your user name or password.
We will never ask for or knowingly collect information from children, if you are a child under the age of 13, you are not permitted to use this service and should immediately exit our Services or get an adult. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. Parents of un-emancipated minors may set up accounts for themselves to access their children’s medical records only as permitted pursuant to the Terms governing the Portal. If you think that we have collected personal information from a child under the age of 13 through this Portal, please contact us at email@example.com and we will dispose of the information.
If collected, we will take reasonable measures to protect the confidentiality of Social Security numbers and limit access to those with a need for such information. We prohibit the unlawful disclosure of Social Security numbers.
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personal information, such as name, e-mail and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us at firstname.lastname@example.org with a reference to California Disclosure Information.
We will endeavor to respond to such requests to information access within 30 days following receipt at the e-mail address stated above. If we receive your request at a different e-mail address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are only required to respond to each customer once per calendar year.
The information and advice published or made available through this web site is not intended to replace the services of a physician, nor does it constitute a doctor-patient relationship. Information on this web site is provided for informational purposes only and is not a substitute for professional medical advice.
We encourage your comments on HCA Healthcare's various blogs, and hope you will join the discussions. We can't respond to every comment, particularly those that deal with individual medical cases and issues. We review comments before they're posted, and those that are off-topic or clearly promoting a commercial product generally won't make the cut. We also expect a basic level of civility; disagreements are fine, but mutual respect is a must, and profanity or abusive language are out-of-bounds.
That's the plain English version. Here it is in legal language:
By posting any comments, posts or other material on HCA Healthcare-sponsored blogs, you give HCA Healthcare ("HCA Healthcare") the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. You also agree that you will not:
HCA Healthcare reserves the right (but is not obligated) to do any or all of the following:
Finally, you agree that you will indemnify HCA Healthcare against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to any material you have posted.
Updated as of June 13, 2016
By indicating your acceptance of this Acceptable Usage Policy, either by clicking on the “I Agree” button below or by accessing the Service, you agree that you have read and accept the terms and conditions contained herein.
Our employees and employees of our affiliates (“employees”) may use our Services if they access or use the Services using a personal device not provided by us or our affiliates and if such access is for personal use and not for work purposes. Employees may not use the Services from a device provided by us or our affiliates or for employment purposes, unless approved in advance by our management for a specific business requirement. If management approves the employee’s use of the Services, the employee has the responsibility to use the Service only for the approved business purposes, and in a professional, ethical, and lawful manner in accordance with our Code of Conduct. Violations of our Internet policies, standards, or guidelines could result in disciplinary action, including, without limitation, employee termination.
As a condition of your use of the Service, you agree to all of the following:
We use reasonable efforts to provide technical support for the Service Monday through Friday from 8 a.m. to 5 p.m. (CST), excluding holidays. You understand that you are not guaranteed the right to receive technical support.
WE PROVIDE THE SERVICES ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATED TO THE SERVICE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION RECEIVED THROUGH USE OF THE SERVICE OR WITH RESPECT TO THE AVAILABILITY OF THE SERVICE OR SPECIFIC RATES OF SPEED. WE DO NOT WARRANT THAT THE SERVICE WILL BE OPERATIONAL, SECURE, ERROR-FREE, VIRUS FREE OR TAMPER-PROOF. YOU USE THE SERVICE AND ALL INFORMATION AND MATERIALS OBTAINED THROUGH THE SERVICE AT YOUR OWN RISK.
You shall indemnify, defend and hold us and our affiliates and our respective officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (including but not limited to all costs, including attorneys’ fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of this Agreement by you and/or your use of the Service.
YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES OR PENALTIES 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 THE SERVICE, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STATUTE, REGULATION, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. IN THE EVENT THAT ANY PORTION OF THE FOREGOING PROVISION IS FOUND FOR ANY REASON TO BE UNENFORCEABLE, THEN YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF US, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS AND AGENTS, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).
You understand that neither we nor our affiliates will be held liable for any damage, undesired resource usage, or detrimental effects that may occur to your device and software while you use the Service. You hereby release us and our affiliates from liability for any loss, damage, security infringement, or injury which you may sustain as a result using the Service. You agree to be solely responsible for any such loss, infringement, damage, or injury. If the Service is or becomes unacceptable to you, your sole remedy shall be to stop using the Service.
The Services may change from time to time. You understand that we reserve the right to change the Services or any feature of the Services offered without notice. We also may revise, amend, or modify these terms and conditions and any other policies and agreements at any time and in any manner. Your continued use of the Services shall be your acceptance of such revised, amended or modified terms and conditions, which will be effective immediately upon posting such revised, amended, or modified terms and conditions to the Website. You are responsible for reviewing these terms and conditions from time to time to ensure that you are aware of any changes.
You understand and agree that we may terminate the Service or your access to the Service at any time, with or without reason or notification.
You agree that all disputes arising from your use of the Services shall be construed, governed and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree to negotiate any disputes in good faith. If no resolution is achieved within thirty (6) days after such negotiation, then either you, us, or our affiliates may submit the dispute to non-binding mediation. You will bear your own costs and expenses of participating in the mediation (including without limitation, attorneys’ fees), which shall take place in Davidson County, Tennessee and you shall bear one-half (1/2) of the costs and expenses of the mediator. The matters discussed or revealed in the mediation session shall not be revealed in any subsequent litigation. In the event the matter is not resolved in the mediation, suit may be brought. Nothing in this section shall be deemed to limit a party’s access to the court system to pursue a remedy that is limited to injunctive relief.
If any term herein is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.
No waiver of any breach of a provision of these terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.
You agree that all agreements and transactions between you and Facility and HCA can be conducted electronically. You may print a paper copy of this Agreement to retain for your records.
If you are a copyright owner or such owner’s agent and believe that Facility’s Service have been used to infringe your copyrights, you may submit a notification to email@example.com containing: an identification of the copyright claimed to have been infringed and the material that is claimed to be infringing; information reasonably sufficient to permit Facility and HCA to locate the material; your contact information; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized and that you are authorized to act on behalf of the owner.
Reservation of Rights
Hospital provides the HealthTools assessment and reports to you via the HealthTools assessment on an “AS IS “BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOSPITAL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. HOSPITAL MAKES NO WARRANTIES ABOUT (i) THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION SUPPLIED TO YOU VIA THE HEALTHTOOLS assessment.
Limitation of Liability
IN NO EVENT SHALL HOSPITAL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE HEALTHTOOLS assessment OR ANY REPORTS OR OTHER INFORMATION PROVIDED VIA THE HEALTHTOOLS assessment, OR FOR ANY DAMAGES WHATSOEVER, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOSPITAL OR ITS LICNESORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Responsibility for Safety
The HealthTools assessment may advocate or involve physical activity. You hereby expressly assume all risk associated with any physical activity you undertake in connection the HealthTools assessment or any reports or other information provided via the HealthTools assessment. It is your responsibility to consult with a physician to determine your fitness to engage in any physical activities. It is also your responsibility to use appropriate equipment, clothing and techniques.
THIS USER AGREEMENT, AND YOUR USE AND ACCESS OF THE ASSESSMENT IS GOVERNED BY THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT SHALL BE IN DENVER, COLORADO. “HOSPITAL” makes no representation that the Assessment is appropriate or available for use in locations outside the United States of America. You agree not to access the Assessment from any country or jurisdiction where its content is illegal or prohibited. If you choose to access the Assessment from outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.